(410 ILCS 1/1)Sec. 1. Short title. This Act may be cited as the Antifreeze Bittering Act.
(Source: P.A. 96-1218, eff. 7-1-11.) (410 ILCS 1/5)Sec. 5. Addition of bittering agent required.   Any engine coolant or antifreeze that is manufactured after January 1, 2011, and subsequently sold within the State, and that contains more than 10% ethylene glycol, shall include denatonium benzoate at a minimum of 30 parts per million and a maximum of 50 parts per million as a bittering agent within the product so as to render it unpalatable.
(Source: P.A. 96-1218, eff. 7-1-11.) (410 ILCS 1/10)Sec. 10. Record keeping. A manufacturer of a product subject to this Act shall maintain a record of the trade name, scientific name, and active ingredients of any bittering agent used pursuant to this Act.  Such information shall be available to the public upon request.


(Source: P.A. 96-1218, eff. 7-1-11.) (410 ILCS 1/15)Sec. 15. Liability.(a) Subject to subsections (b) and (c) of this Section, a manufacturer, processor, distributor, recycler, or seller of an engine coolant or antifreeze containing denatonium benzoate at a minimum of 30 parts per million and a maximum of 50 parts per million shall not be liable, except for willful and wanton misconduct, to any person for personal injury, death, property damage, damage to the environment, damage to natural resources, or economic loss where the inclusion of denatonium benzoate in any engine coolant or antifreeze was the sole cause of the personal injury, death, property damage, damage to the environment, damage to natural resources, or economic loss.(b) Subsection (a) of this Section shall be strictly construed and shall not apply to manufacturers, distributors, recyclers, or sellers of denatonium benzoate prior to its dilution with an engine coolant or antifreeze, or in dilutions with antifreeze or engine coolant of less than 30 parts per million or more than 50 parts per million.(c) Subsection (a) of this Section shall apply only to causes of action accruing on or after the effective date of this Act.
(Source: P.A. 96-1218, eff. 7-1-11.) (410 ILCS 1/20)Sec. 20. Home rule preemption. With respect to retail containers containing less than 55 gallons of engine coolant or antifreeze, no local government, municipality, or other political subdivision of this State shall have any authority either to establish or continue in effect  any prohibition, limitation, standard, or other requirement relating to the inclusion of a bittering agent in engine coolant or antifreeze that is in any way different from, or in addition to, the provisions of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 96-1218, eff. 7-1-11.) (410 ILCS 1/25)Sec. 25. Exemptions.  The requirements of this Act shall not be construed to apply to:(1)  the sale of a motor vehicle that contains engine     coolant or antifreeze; or(2)  wholesale containers of engine coolant or     antifreeze containing 55 gallons or more of engine coolant or antifreeze.(Source: P.A. 96-1218, eff. 7-1-11.) (410 ILCS 1/30)Sec. 30. Penalty. A violation of this Act is a Class C misdemeanor.
(Source: P.A. 96-1218, eff. 7-1-11.) (410 ILCS 1/99)Sec. 99. Effective date. This Act takes effect July 1, 2011.
(Source: P.A. 96-1218, eff. 7-1-11.)
(410 ILCS 10/1) (from Ch. 56 1/2, par. 601)Sec. 1. 
		This Act shall be known and may be cited as the "Choke-Saving Methods Act". 
		(Source: P.A. 80-448.) (410 ILCS 10/2) (from Ch. 56 1/2, par. 602)Sec. 2. 
		
		As used in this Act, "food-service establishment" means any fixed
or mobile establishment serving food to the public for consumption on the
premises.  The term does not include establishments operated on a temporary
basis by charitable or non-profit organizations.
		(Source: P.A. 80-448.) (410 ILCS 10/3) (from Ch. 56 1/2, par. 603)Sec. 3. 
		
		The Department of Public Health shall determine methods which may
be used safely and effectively in an emergency by laymen to remove food
lodged in a person's throat and shall by regulation publish approved methods.
Such methods shall be limited to first-aid procedures and shall include
techniques to be employed without the use of instruments or devices.
		(Source: P.A. 80-448.) (410 ILCS 10/3.1) (from Ch. 56 1/2, par. 603.1)Sec. 3.1. 
		
		The Department of Public Health shall design and distribute
to food service establishments without charge placards containing instructions
for applying the methods approved pursuant to Section 3.  The placards shall
be of a size  and design suitable for posting in food service establishments
and the instructions shall to the extent practicable be expressed in words
and illustrations which are not offensive to restaurant patrons.
		(Source: P.A. 80-448.) (410 ILCS 10/3.2) (from Ch. 56 1/2, par. 603.2)Sec. 3.2. 
		
		The Department of Public Health shall develop and publish guidelines
for training programs that may be used on a voluntary basis by food service
establishments to train employees in the first-aid procedures approved pursuant
to Section 3.
		(Source: P.A. 80-448.) (410 ILCS 10/4) (from Ch. 56 1/2, par. 604)Sec. 4. 
		
		Each food-service establishment in this State shall have posted
in a conspicuous location that is visible to patrons and employees on the
premises, but which location need not be in the actual dining areas, instructions
concerning at least
one method of first aid assistance to choking persons.  The instructions
shall cover a method which has been determined safe and effective by the
Department of Public Health for employment by laymen without the use of
instruments or devices.
		(Source: P.A. 80-448.) (410 ILCS 10/5) (from Ch. 56 1/2, par. 605)Sec. 5. 
		Liability for acts of omissions. 
		Exemption from civil liability
for emergency assistance is as provided in the Good Samaritan Act.
		(Source: P.A. 89-607, eff. 1-1-97.) (410 ILCS 10/5.1) (from Ch. 56 1/2, par. 605.1)Sec. 5.1. 
		
		The Illinois Administrative Procedure Act is hereby expressly
adopted and incorporated herein as if all of the provisions of such Act
were included in this Act.
		(Source: P.A. 80-448.) (410 ILCS 10/6) (from Ch. 56 1/2, par. 606)Sec. 6. 
		
		Any person who violates Section 4 of this Act is guilty of a
business offense and shall be fined $500.This Section shall not take effect until 6 months after the effective date of this Act.
		(Source: P.A. 80-448.)
(410 ILCS 100/1)Sec. 1. Short title. This Act may be cited as the Reduction of Racial and Ethnic Health Disparities Act.
(Source: P.A. 94-447, eff. 1-1-06.) (410 ILCS 100/5)Sec. 5. Legislative findings and intent.(a)  The General Assembly finds that despite State investments in health care programs, certain racial and ethnic populations in Illinois continue to have significantly poorer health outcomes when compared to non-Hispanic whites. The General Assembly  finds that local solutions to health care problems can have a dramatic and positive effect on the health status of these populations. Local governments and communities are best equipped to: identify the health education, health promotion, and disease prevention needs of the racial and ethnic populations in their communities; mobilize the community to address health outcome disparities; enlist and organize local public and private resources and faith-based organizations to address these disparities; and evaluate the effectiveness of interventions.(b) The Illinois Department of Human Services has several initiatives to reduce racial and ethnic disparities in infant mortality and diabetes, and the Illinois Department of Public Health has several initiatives to address asthma; breast, cervical, prostate, and colorectal cancer; kidney disease; HIV/AIDS; hepatitis C; sexually transmitted
diseases; adult and child immunizations; cardiovascular disease; and accidental injuries and violence.(c)  It is therefore the intent of the General Assembly to provide funds within Illinois counties, in the form of "Reducing Racial and Ethnic Health Disparities: Closing the Gap" grants, to stimulate the development of community-based and neighborhood-based projects that will improve the health outcomes of racial and ethnic populations. Further, it is the intent of the General Assembly that these programs foster the development of coordinated, collaborative, and broad-based participation by public and private entities and by faith-based organizations. Finally, it is the intent of the General Assembly that the grant program function as a partnership between State and local governments, faith-based organizations, and private-sector health care providers, including managed care, voluntary health care resources, social service providers, and nontraditional partners.
(Source: P.A. 94-447, eff. 1-1-06.) (410 ILCS 100/10)Sec. 10. Definitions. In this Act:"Department" means the Department of Public Health."Director" means the Director of Public Health.
(Source: P.A. 94-447, eff. 1-1-06.) (410 ILCS 100/15)Sec. 15. Grant program.(a) Subject to appropriations for that purpose, the Department  shall establish and administer a grant program to implement this Act.(b)  The Department shall do the following:(1)  Publicize the availability of funds and     establish an application process for submitting a grant proposal.(2)  Provide technical assistance and training,     including a statewide meeting promoting best practice programs, as requested, to grant recipients.(3)  Develop uniform data reporting requirements for     the purpose of evaluating the performance of the grant recipients and demonstrating improved health outcomes.(4)  Develop a monitoring process to evaluate     progress toward meeting grant objectives.(5)  Coordinate with the Illinois Department of Human     Services and existing community-based programs, such as chronic disease community intervention programs, cancer prevention and control programs, diabetes control programs,  the Children's Health Insurance (KidCare) Program, the HIV/AIDS program, immunization programs, and other related programs at the State and local levels, to avoid duplication of effort and promote consistency.(c) The Office of Minority Health within the Department shall establish measurable outcomes to achieve the goal of reducing health disparities in the following priority areas: asthma; breast, cervical, prostate, and colorectal cancer screening; kidney disease; HIV/AIDS; hepatitis C; sexually transmitted diseases; adult and child immunizations; cardiovascular disease;   and accidental injuries and violence.The Office of Minority Health shall enhance current data tools to ensure a statewide assessment of the risk behaviors associated with the health disparity priority areas identified in this subsection.   To the extent feasible, the Office shall conduct the assessment so that the results may be compared to national data.(d) The Director  may appoint an ad hoc advisory committee to: examine areas where public awareness, public education, research, and coordination regarding racial and ethnic health outcome disparities are lacking; consider access and transportation issues that contribute to health status disparities; and make recommendations for closing gaps in health outcomes and increasing the public's awareness and understanding of health disparities that exist between racial and ethnic populations. 
(Source: P.A. 94-447, eff. 1-1-06.) (410 ILCS 100/20)Sec. 20. Eligibility for grant.(a)  Any person, entity, or organization within a county may apply for a grant under this Act and may serve as the lead agency to administer and coordinate project activities within the county and develop community partnerships necessary to implement the grant.(b)  Persons, entities, or organizations within adjoining counties with populations of less than 100,000 may jointly submit a multicounty grant proposal. The proposal must clearly identify a single lead agency with respect to program accountability and administration, however.(c)  In addition to the grants awarded under subsections (a) and (b), up to 20% of the funding for the grant program shall be dedicated to projects that address improving racial and ethnic health status within specific urban areas identified by the Department in rules.(d)  Nothing in this Act prevents a person, entity, or organization within a county or group of counties from separately contracting for the provision of racial and ethnic health promotion, health awareness, and disease prevention services.

(Source: P.A. 94-447, eff. 1-1-06.) (410 ILCS 100/25)Sec. 25. Grant proposal requirements.(a)  A proposal for a grant under this Act must be submitted to the Department for review.(b)  A proposal for a grant must include each of the following elements:(1)  The purpose and objectives of the proposed     project, including identification of the particular racial or ethnic disparity the project will address. The proposal must address one or more of the following priority areas:(A)  Decreasing racial and ethnic disparities in         maternal and infant mortality rates.(B)  Decreasing racial and ethnic disparities in         morbidity and mortality rates relating to cancer.(C)  Decreasing racial and ethnic disparities in         morbidity and mortality rates relating to HIV/AIDS.(D)  Decreasing racial and ethnic disparities in         morbidity and mortality rates relating to cardiovascular disease.(E)  Decreasing racial and ethnic disparities in         morbidity and mortality rates relating to diabetes.(F)  Increasing adult and child immunization         rates in certain racial and ethnic populations.(G)  Decreasing racial and ethnic disparities in         oral health care.(2)  Identification and relevance of the target     population.(3)  Methods for obtaining baseline health status     data and assessment of community health needs.(4)  Mechanisms for mobilizing community resources     and gaining local commitment.(5)  Development and implementation of health     promotion and disease prevention interventions.(6)  Mechanisms and strategies for evaluating the     project's objectives, procedures, and outcomes.(7)  A proposed work plan, including a timeline for     implementing the project.(8)  The likelihood that project activities will     occur and continue in the absence of funding.(c)  The Department shall give priority to proposals that:(1)  Represent areas with the greatest documented     racial and ethnic health status disparities.(2)  Exceed the minimum local contribution     requirements specified in Section 30.(3)  Demonstrate broad-based local support and     commitment from entities representing racial and ethnic populations, including non-Hispanic whites. Indicators of support and commitment may include agreements to participate in the program, letters of endorsement, letters of commitment, interagency agreements, or other forms of support.(4)  Demonstrate a high degree of participation by     the health care community in clinical preventive service activities and community-based health promotion and disease prevention interventions.(5)  Have been submitted from counties with a high     proportion of residents living in poverty and with poor health status indicators.(6)  Demonstrate a coordinated community approach to     addressing racial and ethnic health issues within existing publicly financed health care programs.(7)  Incorporate intervention mechanisms that have a     high probability of improving the targeted population's health status.(8)  Demonstrate a commitment to quality management     in all aspects of project administration and implementation. (Source: P.A. 94-447, eff. 1-1-06.) (410 ILCS 100/30)Sec. 30. Grant awards.(a)  The Department may award one or more grants in a county or in a group of adjoining counties from which a multicounty grant proposal is submitted. The Department may award an urban area grant under subsection (c) of Section 20 in a county or group of adjoining counties that are also receiving a grant award under subsection (a) or (b) of Section 20.(b)  Units of local government may provide matching grants to supplement those made by the Department.(c)  The amount of the grant award shall be based on the county or urban area's population, or on the combined population in a group of adjoining counties from which a multicounty application is submitted, and on other factors, as determined by the Department in rules.(d)  The Department shall begin disseminating grant awards no later than January 1, 2007.(e)  The Department shall fund a grant under this Act for one year and may renew the grant annually upon application to and approval by the Department, subject to the achievement of quality standards, objectives, and outcomes and to the availability of funds.

(Source: P.A. 94-447, eff. 1-1-06.) (410 ILCS 100/35)Sec. 35. Continued operation of programs to reduce racial and ethnic disparities in infant mortality and diabetes. Subject to the amounts appropriated for that purpose, the Illinois Department of Human Services shall continue to operate programs to reduce racial and ethnic disparities in infant mortality and diabetes.
(Source: P.A. 94-447, eff. 1-1-06.)
(410 ILCS 105/1)Sec. 1. Short title. This Act may be cited as the Mold Remediation Registration Act.
(Source: P.A. 95-456, eff. 1-1-08.) (410 ILCS 105/5)Sec. 5. Findings. The General Assembly finds that:(1) Excessive indoor dampness in buildings is a     widespread problem that warrants action at the local, State, and national levels.(2) Because of the public's concern about the     possible public health effects of exposure to mold in buildings, as well as the effects on workers performing remediation work, and the costs of remediation for the property owner, there is a need to identify parties performing mold remediation in the State.(3) Because there is a need to reduce moisture that     fosters mold formation in buildings, the State should review current State building codes to ensure that they do not foster mold.(4) Parties providing mold remediation services in     residential, public, and commercial buildings in Illinois should be required to register with the State and provide proof of financial responsibility.(5) Laboratories performing tests to confirm mold     contamination in buildings should be certified by the American Industrial Hygiene Association using nationally recognized accreditation standards set under the Environmental Microbiology Laboratory Accreditation Program.(Source: P.A. 95-456, eff. 1-1-08.) (410 ILCS 105/10)Sec. 10. Definitions. As used in this Act:"Department" means the Department of Public Health."Mold remediation" means the removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of mold or mold-containment matter in buildings."Preventative activities" include those intended to prevent future mold contamination of a remediated area, including applying biocides or anti-microbial compounds.
(Source: P.A. 95-456, eff. 1-1-08.) (410 ILCS 105/15)Sec. 15. Reporting requirement. The Department must report to the Environment and Energy Committees of the House of Representatives and the Senate, on an annual basis, concerning the implementation of any federal regulations that establish:(1) scientific evidence concerning any health effects     associated with fungi, bacteria, and their byproducts in indoor environments including any indoor air quality standard; and(2) standards for the training, certification, and     licensing of parties providing mold remediation services in residential, public, and commercial buildings. (Source: P.A. 95-456, eff. 1-1-08.) (410 ILCS 105/20)Sec. 20. Rules. The Department may adopt rules, under the Illinois Administrative Procedure Act, to implement a program establishing procedures for parties that provide mold remediation services to register with the State and provide evidence of financial responsibility.
(Source: P.A. 95-456, eff. 1-1-08.) (410 ILCS 105/25)Sec. 25. Exemptions. The provisions of this Act shall not apply to (i) home builders and remodelers performing work on any residential structure, consisting of 4 or fewer residential units, under the period and terms of the written warranty of that residential structure or (ii) persons licensed in accordance with the Structural Pest Control Act.
(Source: P.A. 95-456, eff. 1-1-08.) (410 ILCS 105/99)Sec. 99. Effective date. This Act takes effect January 1, 2008.
(Source: P.A. 95-456, eff. 1-1-08.)
(410 ILCS 110/1)Sec. 1. Short title. This Act may be cited as the Stem Cell Research and Human Cloning Prohibition Act.
(Source: P.A. 95-519, eff. 1-1-08.) (410 ILCS 110/5)Sec. 5. Policy permitting research. The policy of the State of Illinois shall be as follows:(1) Research involving the derivation and use of human embryonic stem cells, human embryonic germ cells, and human adult stem cells from any source, including somatic cell nuclear transplantation, shall be permitted and the ethical and medical implications of this research shall be given full consideration.(2) Research involving the derivation and use of human embryonic stem cells, human embryonic germ cells, and human adult stem cells, including somatic cell nuclear transplantation, shall be allowed to receive public funds through a program established specifically for the purpose of supporting stem cell research in Illinois under the Department of Public Health.(3) Stem cell research is considered valuable to the health and well-being of all and the unhindered distribution of research materials to all qualified investigators engaged in non-commercial research shall be encouraged within the confines of the law.
(Source: P.A. 95-519, eff. 1-1-08.) (410 ILCS 110/10)Sec. 10. Definitions.  As used in this Act:"Department" means the Department of Public Health."Institute" means the Illinois Regenerative Medicine Institute."Committee" means the Illinois Regenerative Medicine Institute Oversight Committee.

(Source: P.A. 95-519, eff. 1-1-08.) (410 ILCS 110/15)Sec. 15. Department grant program.(a) The Department of Public Health shall develop and administer the Illinois Regenerative Medicine Institute

Program within the Department to provide for the awarding of grants to Illinois medical research institutions.(b) The purposes of the Institute grant program are:(1) to improve the health of the citizens of Illinois     through stem cell research;(2) to support scientific research in Illinois for     which funding from the U.S. government is currently restricted, namely human embryonic stem cell research;(3) to improve the national competitive position of     Illinois in the field of regenerative medicine; and(4) to promote the translation of stem cell research     into clinical practice and the transfer of technology to biomedical and technological industry.(c) The Department shall adopt rules for the implementation of the Institute grant program, including but not limited to:(1) rules for the solicitation of proposals for     grants;(2) rules concerning the eligibility of nonprofit     Illinois medical research institutions to receive awards under the Institute grant program;(3) rules for the conduct of competitive and     scientific peer review of all proposals submitted under the Institute grant program;(4) rules for the procurement of materials for the     conduct of stem cell research, including rules ensuring that persons are empowered to make voluntary and informed decisions to participate or to refuse to participate in such research, and ensuring confidentiality of such decisions; and(5) rules concerning the monitoring of funded     research to ensure the researcher is following current best practices with respect to medical ethics, including informed consent of patients and the protection of human subjects.(Source: P.A. 95-519, eff. 1-1-08.) (410 ILCS 110/20)Sec. 20. Illinois Regenerative Medicine Institute Oversight Committee.(a) The Illinois Regenerative Medicine Institute Oversight Committee shall be established to determine the awards under the Institute grant program. The Committee shall be composed of 7 members appointed by the Governor, with the advice and consent of the Senate.(b) The Committee shall consist of individuals from:(1) professional medical organizations;(2) voluntary health organizations; and(3) for-profit biomedical or biotechnology industry.(c) The Committee shall at all times include at least one member from each of the 3 categories listed in subsection (b) of this Section.(d) No member of the Committee shall be employed by an Illinois medical research institution eligible to receive awards under the Institute grant program.(e) Upon appointment, the Governor shall designate 3 members to serve a 2-year term and 4 members to serve a 4-year term. The Committee shall designate a Chairperson, Vice-Chairperson, and Secretary. Any vacancy occurring in the membership of the Committee shall be filled in the same manner as the original appointment.(f) No member of the Committee may receive compensation for his or her services, but each member may be reimbursed for expenses incurred in the performance of his or her duties.(g) The duties and responsibilities of the Committee shall include, but not be limited to:(1) determination of awards under the Institute grant     program, based on recommendations developed under the competitive and scientific peer review process provided for in subdivision  (c) (3) of Section 15 of this Act;(2) review of the Department's solicitation and     scientific peer review processes to ensure that the statutory purposes of the Institute grant program are met;(3) development, in cooperation with Department     staff, general guidelines for the conduct of funded research according to current best practices with respect to medical ethics, in  consultation with national and international experts such as the International Society for Stem Cell Research, the California Institute for Regenerative Medicine, the Institute of Medicine, and similar organizations; and(4) advice on the future conduct of the Institute     grant program.(h) All Institute information concerning medical research shall be confidential and privileged and not subject to disclosure to any person other than Institute personnel.
(Source: P.A. 95-519, eff. 1-1-08.) (410 ILCS 110/25)Sec. 25. Conflict of interest.(a) A person has a conflict of interest if any Committee action with respect to a matter may directly or indirectly financially benefit any of the following:(1) That person.(2) That person's spouse, immediate family living     with that person, or that person's extended family.(3) Any individual or entity required to be disclosed     by that person.(4) Any other individual or entity with which that     person has a business or professional relationship.(b) A Committee member who has a conflict of interest with respect to a matter may not discuss that matter with other Committee members and shall not vote upon or otherwise participate in any Committee action with respect to that matter.  Each recusal occurring during a Committee meeting shall be made a part of the minutes or recording of the meeting in accordance with the Open Meetings Act.(c) A member of a scientific peer review panel or any other advisory committee that may be established by the Department who has a conflict of interest with respect to a matter may not discuss that matter with other peer review panel or advisory committee members or with Committee members and shall not vote or otherwise participate in any peer review panel or advisory committee action with respect to that matter.  Each recusal of a peer review panel or advisory committee member occurring during a peer review panel or advisory committee meeting shall be made a part of the minutes or recording of the meeting in accordance with the Open Meetings Act.(d) The Institute shall not allow any Institute employee to participate in the processing of, or to provide any advice concerning, any matter with which the Institute employee has a conflict of interest.
(Source: P.A. 95-519, eff. 1-1-08.) (410 ILCS 110/30)Sec. 30. Disclosure of Committee, scientific peer review panel, or advisory committee member income and interests.(a) Each Committee, scientific peer review panel, and any advisory committee member shall file with the Secretary of State a written disclosure of the following with respect to the member, the member's spouse, and any immediate family living with the member:(1) Each source of income.(2) Each entity in which the member, spouse, or     immediate family living with the member has an ownership or distributive income share that is not an income source required to be disclosed under item (1) of this subsection (a).(3) Each entity in or for which the member, spouse,     or immediate family living with the member serves as an executive, officer, director, trustee, or fiduciary.(4) Each entity with which the member, member's     spouse, or immediate family living with the member has a contract for future income.(b) Each appointed Committee member and each member of a scientific peer review panel and any advisory committee member shall file the disclosure required by subsection (a) of this Section at the time the member is appointed and at the time of any reappointment of that member.(c) Each Committee member and each member of a scientific peer review panel and any advisory committee member shall file an updated disclosure with the Secretary of State promptly after any change in the items required to be disclosed under this subsection with respect to the member, the member's spouse, or any immediate family living with the member.(d) The requirements of Section 3A-30 of the Illinois Governmental Ethics Act and any other disclosures required by law apply to this Act.(e) Filed disclosures shall be public records.
(Source: P.A. 95-519, eff. 1-1-08.) (410 ILCS 110/35)Sec. 35. Disclosure of proposed Institute funding recipients.(a) Each Institute request to the Committee for approval of proposed stem cell research funding must be accompanied by a written disclosure that identifies the proposed funding recipient and any executives, officers, directors, trustees, fiduciaries, owners, parent company, subsidiaries, affiliates, and institutional or organizational host of the proposed funding recipient.(b) A proposed Institute stem cell research funding request shall not be approved by the Committee unless and until the Committee receives the disclosure.(c) Disclosures provided to the Committee are public records.

(Source: P.A. 95-519, eff. 1-1-08.) (410 ILCS 110/40)Sec. 40. Cloning prohibited.(a) No person may clone or attempt to clone a human being.  For purposes of this Section, "clone or attempt to clone a human being" means to transfer to a uterus or attempt to transfer to a uterus anything other than the product of fertilization of an egg of a human female by a sperm of a human male for the purpose of initiating a pregnancy that could result in the creation of a human fetus or the birth of a human being.(b) A person who violates this Section is guilty of a Class 1 felony.


(Source: P.A. 95-519, eff. 1-1-08.) (410 ILCS 110/45)Sec. 45. Purchase or sale prohibited.(a) A person may not knowingly, for valuable consideration, purchase or sell embryonic or cadaveric fetal tissue for research purposes.(b) For the purpose of this Section, the giving or receiving of reasonable payment for the removal, processing, disposal, preservation, quality control, storage, transplantation, or implantation of the tissue does not constitute purchase or sale.  This Section does not prohibit reimbursement for removal, storage, or transportation of embryonic or cadaveric fetal tissue for research purposes pursuant to this Act.(c) A person who knowingly purchases or sells embryonic or cadaveric fetal tissue for research purposes in violation of subsection (a) of this Section is guilty of a Class A misdemeanor for the first conviction and a Class 4 felony for subsequent convictions.

(Source: P.A. 95-519, eff. 1-1-08.) (410 ILCS 110/50)Sec. 50. Severability.  If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity of that provision or application does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application.
(Source: P.A. 95-519, eff. 1-1-08.)
(410 ILCS 115/1)Sec. 1. Short title. This Act may be cited as the Obesity Prevention Initiative Act.
(Source: P.A. 96-155, eff. 8-7-09.) (410 ILCS 115/5)Sec. 5. Legislative findings.   The General Assembly makes all of the following findings:(1)  Nearly 25% of Illinois adults are obese and 37%     are overweight, 62% of Illinois adults in total.(2)  The percentage of normal-weight Illinois adults     has steadily decreased as the percentage who are overweight or obese has steadily increased.(3)  More than 31% of Illinois children ages 10     through 17 years are considered overweight or obese.(4)  A majority (56%) of publicly insured children     are overweight or obese (the highest state prevalence in the nation) and nearly 2 in 5 (39%) black, non-Hispanic children are overweight or obese (the third highest state prevalence).(5)  Today's overweight and obese children are likely     to become tomorrow's overweight and health-impaired adults, at risk for premature death.(6)  Being overweight and obese puts people at     increased risk for coronary heart disease, type 2 diabetes, certain cancers, hypertension, dyslipidemia (high cholesterol or triglycerides or both), stroke, liver and gallbladder disease, sleep apnea and respiratory problems, osteoarthritis, and gynecological problems.(7)  Overweight and obesity-related diseases cause     premature death.(8)  The economic costs associated with treating     these diseases is substantial and increasing, accounting for more than 9% of total health care costs, approximately half of which are born by public resources via Medicare and Medicaid and the majority of the remainder born by employers.(9)  Obese people suffer more injuries and     disabilities and have more non-productive work days in total, creating loss of earnings for Illinois employees and loss of productivity for Illinois employers.(10)  Research has shown that 27% of health care     charges for adults over age 40 are associated with people being physically inactive, overweight, or obese.(11)  From 1987 to 2001, obesity-related spending     accounted for an estimated 27% of the increase in inflation-adjusted per capita health spending.(12)  Research has shown that each additional day of     physical activity per week can reduce medical charges by 4.7%.(13)  The non-economic costs of being overweight or     obese that is experienced by Illinois citizens are immeasurable in terms of pain, mobility, self-esteem, bias and stigma, the grief associated with the premature death of loved ones, and other quality of life issues.(14)  Food and exercise habits are strongly linked to     the food and exercise habits of the communities in which the individuals live, work, attend school, and socialize.(15) Individual and community food and exercise     habits are strongly linked to environmental factors, such as access to healthy food and safe opportunities for physical activity.(16)  Public health interventions focusing on healthy     eating, physical activity, and environmental change to facilitate these behaviors have been shown to be successful in reducing obesity and promoting healthy weight and physical activity among children and adults. Communities in Illinois are developing and implementing promising models that should be evaluated and supported.(17) Obesity is a significant contributing factor to     many chronic diseases faced by Illinois residents and that obesity and its effects on human health are best addressed in an evidence-based, holistic manner, including policy change, environmental change, and community public health and wellness efforts.(18)  The General Assembly has recognized the     importance of studying obesity and passed the Obesity Study and Prevention Fund Act in 2004. The Illinois State Health Improvement Plan (SHIP) identified obesity and physical activity as strategic priority health conditions that demand action, including without limitation the following:(A)  Increased efforts to educate the public on         the health risks associated with obesity and poor nutrition, effective methods for improving nutrition and physical activity, and resources to help individuals to adopt healthy lifestyles.(B)  Promoting changes in State and local         policies designed to support healthy eating and physical activity, including improving community access to healthy food and safe opportunities for physical activity. (Source: P.A. 96-155, eff. 8-7-09.) (410 ILCS 115/10)Sec. 10. Obesity Prevention Initiative.   Within 60 days after the effective date of this Act, and subject to the availability of public, private, and contributed in-kind resources, the Department of Public Health shall work with the Department of Human Services and other public, private, and voluntary stakeholders to plan, organize, and publicize at least 3 hearings on the health and social costs of obesity and the need to address the obesity epidemic with community, policy, and individual health behavior change. The purpose of these hearings shall be to (1) highlight existing State and community level initiatives, (2) identify existing plans and opportunities for action and the expansion of initiatives, (3) inform policy makers and the public about effective solutions to the problem, and (4) identify and engage stakeholders to promote action to reduce obesity, improve nutrition, and increase physical activity. The hearing officers shall include: the Chair of the State Board of Health or her designee and up to 3 additional members of the State Board of Health; the Chair of the Chronic Disease Task Force, if appointed, and up to 3 additional members of the Chronic Disease Task Force, if appointed;  2 members of the House of Representatives, one of whom shall be named by the Speaker of the House and one of whom shall be named by the Minority Leader of the House; and 2 members of the Senate, one of whom shall be named by the President of the Senate and one of whom shall be named by the Minority Leader of the Senate.  The Department shall provide or work with stakeholders to provide logistical and support staff for hearings.No later than February 1, 2010, and subject to the availability of public, private, and contributed in-kind resources, a report on these hearings shall be provided to the members of the General Assembly and the State Board of Health to inform and support action on implementing the 2009 State Health Improvement Plan.  Pursuant to Public Act 95-0900, the Chronic Disease Task Force shall also use the report to inform the Plan that is due July 1, 2010 to the General Assembly.Within 60 days after the completion of the report on the hearings, but no later than April 1, 2010, and subject to appropriation for that purpose, the Department of Public Health shall grant funds to one or more non-profit organizations or local public health departments to conduct a statewide education and engagement campaign focusing on the health effects of obesity, the social costs of obesity, and the need to address the obesity epidemic with community, policy, and individual health behavior change.
(Source: P.A. 96-155, eff. 8-7-09.) (410 ILCS 115/99)Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 96-155, eff. 8-7-09.)
(410 ILCS 120/1)Sec. 1. Short title. This Act may be cited as the MRSA Prevention, Control, and Reporting Act.
(Source: P.A. 96-438, eff. 8-14-09.) (410 ILCS 120/5)Sec. 5. Definition.     In this Act, "State residential
facility" or "facility" means: any Department of Human Services
operated residential facility, including any State mental
health hospital, State developmental center, or State
residential school for the deaf and visually impaired; any
Department of Corrections operated correctional center, work
camp or boot camp; and any
Department of Juvenile Justice operated juvenile center or boot
camp.


(Source: P.A. 96-438, eff. 8-14-09.) (410 ILCS 120/10)Sec. 10. MRSA prevention, control, and reporting.  In order to improve
the prevention of infections due to methicillin-resistant
Staphylococcus aureus ("MRSA"), the following
MRSA prevention, control,  and reporting activities are applicable to State residential facilities:(1) Guidelines.  State residential facilities shall     develop and utilize policies and procedures for MRSA prevention, control, and reporting that are  in compliance with federal guidelines and consistent with the operational needs of affected agencies.(2) Minimum standards.  Procedural MRSA Prevention     and Control Guidelines shall include, but not be limited to, recommendations and requirements for screening and surveillance, education and training, hygiene, sanitation, and infection control.(3) Reporting.  State residential facilities shall     comply with Department of Public Health rules and regulations for reporting of communicable diseases, including MRSA. (Source: P.A. 96-438, eff. 8-14-09.) (410 ILCS 120/99)Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 96-438, eff. 8-14-09.)
(410 ILCS 125/1)Sec. 1. Short title. This Act may be cited as the Public Health Standing Orders Act.
(Source: P.A. 97-589, eff. 1-1-12.) (410 ILCS 125/5)Sec. 5. Definitions.  In this Act:"Health care personnel" means persons working within the scope of their licensure or training and experience with a public health clinic who provide medical services, including volunteers and staff not employed by the public health clinic."Public health clinic" has the same meaning as provided in subsection (c) of Section 6-101 of the Local Governmental and Governmental Employees Tort Immunity Act."Public health standing orders physician" has the same meaning as provided in subsection (d) of Section 6-101 of the Local Governmental and Governmental Employees Tort Immunity Act.
(Source: P.A. 100-863, eff. 8-14-18.) (410 ILCS 125/10)Sec. 10. Public health orders; standing physician protocols. Public health standing orders, also referred to as standing physician protocols, issued pursuant to this Act shall contain, at the minimum, the following elements:(1) the name of the public health clinic authorized     to provide the medical services;(2) the specific medical services authorized to be     provided;(3) any instructions on the training or experience of     health care personnel who are authorized to provide the specified health care services;(4) the effective date for the standing order;
 and(5) the name and signature of the public health     standing orders physician. (Source: P.A. 97-589, eff. 1-1-12.) (410 ILCS 125/15)Sec. 15. Health care personnel; standing orders. Notwithstanding any other provision of law to the contrary, health care personnel may provide medical services within a public health clinic in conformance with standing orders issued by a public health standing orders physician without prior establishment of a physician-patient relationship between the public health standing orders physician and the person receiving medical services. 
(Source: P.A. 97-589, eff. 1-1-12.) (410 ILCS 125/20)Sec. 20. Health care personnel; qualifications. Health care personnel who provide medical services pursuant to a public health standing order shall:(1) be trained in the medical services to be     provided;(2) verify and document the applicability of the     public health standing orders to any individual;(3) complete accurate and legible entries in all     records required by federal and State law;(4) when applicable, document informed consent with     the patient or client; and(5) understand where and how to access and use     emergency devices, techniques, and services for adverse reactions. (Source: P.A. 97-589, eff. 1-1-12.) (410 ILCS 125/25)Sec. 25. Physician delegation; hospitals.(a) Nothing in this Act shall be construed to affect or  in any way limit physician delegation, including the use of standing orders or protocols for any person or group of persons without prior establishment of a physician-patient relationship between the physician and the person receiving medical services.(b) Nothing in this Act shall be construed to affect or in any way limit standing orders or protocols as implemented by hospitals licensed under the Illinois Hospital Licensing Act, hospital affiliates as defined by the Illinois Hospital Licensing Act, or hospitals licensed under the University of Illinois Hospital Act.

(Source: P.A. 97-589, eff. 1-1-12.) (410 ILCS 125/90)Sec. 90. (Amendatory provisions; text omitted).
(Source: P.A. 97-589, eff. 1-1-12; text omitted.)
(410 ILCS 130/1)Sec. 1. Short title. This Act may be cited as the Compassionate Use of Medical Cannabis Program Act.
(Source: P.A. 101-363, eff. 8-9-19.) (410 ILCS 130/5)(Text of Section before amendment by P.A. 102-982)Sec. 5. Findings.(a) The recorded use of cannabis as a medicine goes back nearly 5,000 years. Modern medical research has confirmed the beneficial uses of cannabis in treating or alleviating the pain, nausea, and other symptoms associated with a variety of debilitating medical conditions, including cancer, multiple sclerosis, and HIV/AIDS, as found by the National Academy of Sciences' Institute of Medicine in March 1999.(b) Studies published since the 1999 Institute of Medicine report continue to show the therapeutic value of cannabis in treating a wide array of debilitating medical conditions. These include relief of the neuropathic pain caused by multiple sclerosis, HIV/AIDS, and other illnesses that often fail to respond to conventional treatments and relief of nausea, vomiting, and other side effects of drugs used to treat HIV/AIDS and hepatitis C, increasing the chances of patients continuing on life-saving treatment regimens.(c) Cannabis has many currently accepted medical uses in the United States, having been recommended by thousands of licensed physicians to at least 600,000 patients in states with medical cannabis laws. The medical utility of cannabis is recognized by a wide range of medical and public health organizations, including the American Academy of HIV Medicine, the American College of Physicians, the American Nurses Association, the American Public Health Association, the Leukemia & Lymphoma Society, and many others.(d) Data from the Federal Bureau of Investigation's Uniform Crime Reports and the Compendium of Federal Justice Statistics show that approximately 99 out of every 100 cannabis arrests in the U.S. are made under state law, rather than under federal law. Consequently, changing State law will have the practical effect of protecting from arrest the vast majority of seriously ill patients who have a medical need to use cannabis.(d-5) In 2014, the Task Force on Veterans' Suicide was created by the Illinois General Assembly to gather data on veterans' suicide prevention. Data from a U.S. Department of Veterans Affairs study indicates that 22 veterans commit suicide each day.(d-10) According to the State of Illinois Opioid Action
Plan released in September 2017, "The opioid epidemic is the
most significant public health and public safety crisis facing
Illinois".
According to the Action Plan, "Fueled by the growing opioid
epidemic, drug overdoses have now become the leading cause of
death nationwide for people under the age of 50. In Illinois,
opioid overdoses have killed nearly 11,000 people since 2008.
Just last year, nearly 1,900 people died of overdosesalmost
twice the number of fatal car accidents. Beyond these deaths
are thousands of emergency department visits, hospital stays,
as well as the pain suffered by individuals, families, and
communities".According to the Action Plan, "At the current rate, the
opioid epidemic will claim the lives of more than 2,700
Illinoisans in 2020".Further, the Action Plan states, "Physical tolerance to
opioids can begin to develop as early as two to three days
following the continuous use of opioids, which is a large
factor that contributes to their addictive potential".The 2017 State of Illinois Opioid Action Plan also states,
"The increase in OUD [opioid use disorder] and opioid overdose
deaths is largely due to the dramatic rise in the rate and
amount of opioids prescribed for pain over the past decades".Further, according to the Action Plan, "In the absence of
alternative treatments, reducing the supply of prescription opioids too abruptly may drive more people to switch to using
illicit drugs (including heroin), thus increasing the risk of
overdose".(e) Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon,  Rhode Island, Vermont, Washington, and Washington, D.C. have removed state-level criminal penalties from the medical use and cultivation of cannabis. Illinois joins in this effort for the health and welfare of its citizens.(f) States are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law. Therefore, compliance with this Act does not put the State of Illinois in violation of federal law.(g) State law should make a distinction between the medical and non-medical uses of cannabis. Hence, the purpose of this Act is to protect patients with debilitating medical conditions, as well as their physicians and providers, from arrest and prosecution, criminal and other penalties, and property forfeiture if the patients engage in the medical use of cannabis.

(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)(Text of Section after amendment by P.A. 102-982)Sec. 5. Findings.(a) The recorded use of cannabis as a medicine goes back nearly 5,000 years. Modern medical research has confirmed the beneficial uses of cannabis in treating or alleviating the pain, nausea, and other symptoms associated with a variety of debilitating medical conditions, including cancer, multiple sclerosis, and HIV/AIDS, as found by the National Academy of Sciences' Institute of Medicine in March 1999.(b) Studies published since the 1999 Institute of Medicine report continue to show the therapeutic value of cannabis in treating a wide array of debilitating medical conditions. These include relief of the neuropathic pain caused by multiple sclerosis, HIV/AIDS, and other illnesses that often fail to respond to conventional treatments and relief of nausea, vomiting, and other side effects of drugs used to treat HIV/AIDS and hepatitis C, increasing the chances of patients continuing on life-saving treatment regimens.(c) Cannabis has many currently accepted medical uses in the United States, having been recommended by thousands of licensed physicians to at least 600,000 patients in states with medical cannabis laws. The medical utility of cannabis is recognized by a wide range of medical and public health organizations, including the American Academy of HIV Medicine, the American College of Physicians, the American Nurses Association, the American Public Health Association, the Leukemia & Lymphoma Society, and many others.(d) Data from the Federal Bureau of Investigation's Uniform Crime Reports and the Compendium of Federal Justice Statistics show that approximately 99 out of every 100 cannabis arrests in the U.S. are made under state law, rather than under federal law. Consequently, changing State law will have the practical effect of protecting from arrest the vast majority of seriously ill patients who have a medical need to use cannabis.(d-5) In 2014, the Task Force on Veterans' Suicide was created by the Illinois General Assembly to gather data on veterans' suicide prevention. Data from a U.S. Department of Veterans Affairs study indicates that 22 veterans commit suicide each day.(d-10) According to the State of Illinois Opioid Action
Plan released in September 2017, "The opioid epidemic is the
most significant public health and public safety crisis facing
Illinois".
According to the Action Plan, "Fueled by the growing opioid
epidemic, drug overdoses have now become the leading cause of
death nationwide for people under the age of 50. In Illinois,
opioid overdoses have killed nearly 11,000 people since 2008.
Just last year, nearly 1,900 people died of overdosesalmost
twice the number of fatal car crashes. Beyond these deaths
are thousands of emergency department visits, hospital stays,
as well as the pain suffered by individuals, families, and
communities".According to the Action Plan, "At the current rate, the
opioid epidemic will claim the lives of more than 2,700
Illinoisans in 2020".Further, the Action Plan states, "Physical tolerance to
opioids can begin to develop as early as two to three days
following the continuous use of opioids, which is a large
factor that contributes to their addictive potential".The 2017 State of Illinois Opioid Action Plan also states,
"The increase in OUD [opioid use disorder] and opioid overdose
deaths is largely due to the dramatic rise in the rate and
amount of opioids prescribed for pain over the past decades".Further, according to the Action Plan, "In the absence of
alternative treatments, reducing the supply of prescription opioids too abruptly may drive more people to switch to using
illicit drugs (including heroin), thus increasing the risk of
overdose".(e) Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon,  Rhode Island, Vermont, Washington, and Washington, D.C. have removed state-level criminal penalties from the medical use and cultivation of cannabis. Illinois joins in this effort for the health and welfare of its citizens.(f) States are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law. Therefore, compliance with this Act does not put the State of Illinois in violation of federal law.(g) State law should make a distinction between the medical and non-medical uses of cannabis. Hence, the purpose of this Act is to protect patients with debilitating medical conditions, as well as their physicians and providers, from arrest and prosecution, criminal and other penalties, and property forfeiture if the patients engage in the medical use of cannabis.

(Source: P.A. 102-982, eff. 7-1-23.) (410 ILCS 130/7)Sec. 7. Lawful user and lawful products.  For the purposes of this Act and to clarify the legislative findings on the lawful use of cannabis:(1) A cardholder under this Act shall not be     considered an unlawful user or addicted to narcotics solely as a result of his or her qualifying patient or designated caregiver status.(2) All medical cannabis products purchased by a     qualifying patient at a licensed dispensing organization shall be lawful products and a distinction shall be made between medical and non-medical uses of cannabis as a result of the qualifying patient's cardholder status, provisional registration for qualifying patient cardholder status, or participation in the Opioid Alternative Pilot Program under the authorized use granted under State law.(3) An individual with a provisional registration for     qualifying patient cardholder status, a qualifying patient in the Compassionate Use of Medical Cannabis Program, or an Opioid Alternative Pilot Program participant under Section 62 shall not be considered an unlawful user or addicted to narcotics solely as a result of his or her application to or participation in the program. (Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.) (410 ILCS 130/10)Sec. 10. Definitions.  The following terms, as used in this Act, shall have the meanings set forth in this Section:(a) "Adequate supply" means:(1) 2.5 ounces of usable cannabis during a period of     14 days and that is derived solely from an intrastate source.(2) Subject to the rules of the Department of Public     Health, a patient may apply for a waiver where a certifying health care professional provides a substantial medical basis in a signed, written statement asserting that, based on the patient's medical history, in the certifying health care professional's professional judgment, 2.5 ounces is an insufficient adequate supply for a 14-day period to properly alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition.(3) This subsection may not be construed to authorize     the possession of more than 2.5 ounces at any time without authority from the Department of Public Health.(4) The pre-mixed weight of medical cannabis used in     making a cannabis infused product shall apply toward the limit on the total amount of medical cannabis a registered qualifying patient may possess at any one time.(a-5) "Advanced practice registered nurse" means a person who is licensed under the Nurse Practice Act as an advanced practice registered nurse and has a controlled substances license under Article III of the Illinois Controlled Substances Act.(b) "Cannabis" has the meaning given that term in Section 3 of the Cannabis Control Act.(c) "Cannabis plant monitoring system" means a system that includes, but is not limited to, testing and data collection established and maintained by the registered cultivation center and available to the Department for the purposes of documenting each cannabis plant and for monitoring plant development throughout the life cycle of a cannabis plant cultivated for the intended use by a qualifying patient from seed planting to final packaging.(d) "Cardholder" means a qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card by the Department of Public Health.(d-5) "Certifying health care professional" means a physician, an advanced practice registered nurse, or a physician assistant.(e) "Cultivation center" means a facility operated by an organization or business that is registered by the Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.(f) "Cultivation center agent" means a principal officer, board member, employee, or agent of a registered cultivation center who is 21 years of age or older and has not been convicted of an excluded offense.(g) "Cultivation center agent identification card" means a document issued by the Department of Agriculture that identifies a person as a cultivation center agent.(h) "Debilitating medical condition" means one or more of the following:(1) cancer, glaucoma, positive status for human     immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease (including, but not limited to, ulcerative colitis), agitation of Alzheimer's disease, cachexia/wasting syndrome, muscular dystrophy, severe fibromyalgia, spinal cord disease, including but not limited to arachnoiditis, Tarlov cysts, hydromyelia, syringomyelia, Rheumatoid arthritis, fibrous dysplasia, spinal cord injury, traumatic brain injury and post-concussion syndrome, Multiple Sclerosis, Arnold-Chiari malformation and Syringomyelia, Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's, Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD (Complex Regional Pain Syndromes Type I), Causalgia, CRPS (Complex Regional Pain Syndromes Type II), Neurofibromatosis, Chronic Inflammatory Demyelinating Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella syndrome, residual limb pain, seizures (including those characteristic of epilepsy), post-traumatic stress disorder (PTSD), autism, chronic pain, irritable bowel syndrome, migraines, osteoarthritis, anorexia nervosa, Ehlers-Danlos Syndrome, Neuro-Behcet's Autoimmune Disease, neuropathy, polycystic kidney disease, superior canal dehiscence syndrome, or the treatment of these conditions;(1.5) terminal illness with a diagnosis of 6 months     or less; if the terminal illness is not one of the qualifying debilitating medical conditions, then the certifying health care professional shall on the certification form identify the cause of the terminal illness; or(2) any other debilitating medical condition or its     treatment that is added by the Department of Public Health by rule as provided in Section 45.(i) "Designated caregiver" means a person who: (1) is at least 21 years of age; (2) has agreed to assist  with a patient's medical use of cannabis; (3) has not been convicted of an excluded offense; and (4) assists no more than one registered qualifying patient with his or her medical use of cannabis.(j) "Dispensing organization agent identification card" means a document issued by the Department of Financial and Professional Regulation that identifies a person as a medical cannabis dispensing organization agent.(k) "Enclosed, locked facility" means a room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by a cultivation center's agents or a dispensing organization's agent working for the registered cultivation center or the registered dispensing organization to cultivate, store, and distribute cannabis for registered qualifying patients.(l) "Excluded offense" for cultivation center agents and dispensing organizations means:(1) a violent crime defined in Section 3 of the     Rights of Crime Victims and Witnesses Act or a substantially similar offense that was classified as a felony in the jurisdiction where the person was convicted; or(2) a violation of a state or federal controlled     substance law, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act that was classified as a felony in the jurisdiction where the person was convicted, except that the registering Department may waive this restriction if the person demonstrates to the registering Department's satisfaction that his or her conviction was for the possession, cultivation, transfer, or delivery of a reasonable amount of cannabis intended for medical use. This exception does not apply if the conviction was under state law and involved a violation of an existing medical cannabis law.For purposes of this subsection, the Department of Public Health shall determine by emergency rule within 30 days after the effective date of this amendatory Act of the 99th General Assembly what constitutes a "reasonable amount".(l-5) (Blank).(l-10) "Illinois Cannabis Tracking System" means a web-based system established and maintained by the Department of Public Health that is available to the Department of Agriculture, the Department of Financial and Professional Regulation, the Illinois State Police, and registered medical cannabis dispensing organizations on a 24-hour basis to upload written certifications for Opioid Alternative Pilot Program  participants, to verify Opioid Alternative Pilot Program participants, to verify Opioid Alternative Pilot Program  participants' available cannabis allotment and assigned dispensary, and the tracking of the date of sale, amount, and price of medical cannabis purchased by an Opioid Alternative Pilot Program participant.(m)  "Medical cannabis cultivation center registration" means a registration issued by the Department of Agriculture.(n) "Medical cannabis container" means a sealed, traceable, food compliant, tamper resistant, tamper evident container, or package used for the purpose of containment of medical cannabis from a cultivation center to a dispensing organization.(o) "Medical cannabis dispensing organization", or "dispensing organization",  or "dispensary organization" means a facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients, individuals with a provisional registration for qualifying patient cardholder status, or an Opioid Alternative Pilot Program participant.(p) "Medical cannabis dispensing organization agent"  or "dispensing organization agent" means a principal officer, board member, employee, or agent of a registered medical cannabis dispensing organization who is 21 years of age or older and has not been convicted of an excluded offense.(q) "Medical cannabis infused product" means food, oils, ointments, or other products containing usable cannabis that are not smoked.(r) "Medical use" means the acquisition; administration; delivery; possession; transfer; transportation; or use of cannabis to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition.(r-5) "Opioid" means a narcotic drug or substance that is a
Schedule II controlled substance under paragraph (1), (2), (3),
or (5) of subsection (b) or under subsection (c) of Section 206
of the Illinois Controlled Substances Act.(r-10) "Opioid Alternative Pilot Program participant" means an individual who has
received a valid written certification to participate in the Opioid Alternative Pilot Program for a medical condition for
which an opioid has been or could be prescribed by a certifying health care professional 
based on generally accepted standards of care.(s) "Physician" means a doctor of medicine or doctor of osteopathy licensed under the Medical Practice Act of 1987 to practice medicine and who has a controlled substances license under Article III of the Illinois Controlled Substances Act. It does not include a licensed practitioner under any other Act including but not limited to the Illinois Dental Practice Act.(s-1) "Physician assistant" means a physician assistant licensed under the Physician Assistant Practice Act of 1987 and who has a controlled substances license under Article III of the Illinois Controlled Substances Act.(s-5) "Provisional registration" means a document issued by the Department of Public Health to a qualifying patient who has submitted: (1) an online application and paid a fee to participate in Compassionate Use of Medical Cannabis Program pending approval or denial of the patient's application; or (2) a completed application for terminal illness.(t) "Qualifying patient" means a person who has been diagnosed by a certifying health care professional as having a debilitating medical condition.(u) "Registered" means licensed, permitted, or otherwise certified by the Department of Agriculture, Department of Public Health, or Department of Financial and Professional Regulation.(v) "Registry identification card" means a document issued by the Department of Public Health that identifies a person as a registered qualifying patient or registered designated caregiver.(w) "Usable cannabis" means the seeds, leaves, buds, and flowers of the cannabis plant and any mixture or preparation thereof, but does not include the stalks, and roots of the plant. It does not include the weight of any non-cannabis ingredients combined with cannabis, such as ingredients added to prepare a topical administration, food, or drink.(x) "Verification system" means a Web-based system established and maintained by the Department of Public Health that is available to the Department of Agriculture, the Department of Financial and Professional Regulation, law enforcement personnel, and registered medical cannabis dispensing organization agents on a 24-hour basis for the verification of registry


identification cards, the tracking of delivery of medical cannabis to medical cannabis dispensing organizations, and the tracking of the date of sale, amount, and price of medical cannabis purchased by a registered qualifying patient.(y) "Written certification" means a document dated and signed by a certifying health care professional, stating (1) that the qualifying patient has a debilitating medical condition and specifying the debilitating medical condition the qualifying patient has; and (2) that (A) the certifying health care professional is treating or managing treatment of the patient's debilitating medical condition; or (B) an Opioid Alternative Pilot Program participant has a medical condition for which opioids have been or could be prescribed. A written certification shall be made only in the course of a bona fide health care professional-patient relationship, after the certifying health care professional has completed an assessment of either a qualifying patient's medical history or Opioid Alternative Pilot Program participant, reviewed relevant records related to the patient's debilitating condition, and conducted a physical examination.(z) "Bona fide health care professional-patient relationship" means a
relationship established at a hospital, certifying health care professional's office, or other health care facility in which the certifying health care professional has an ongoing responsibility for the assessment, care, and treatment of a
patient's debilitating medical condition or a symptom of the
patient's debilitating medical condition.A veteran who has received treatment at a VA hospital shall be deemed to have a bona fide health care professional-patient relationship with a VA certifying health care professional if the patient has been seen for his or her debilitating medical condition at the VA Hospital in accordance with VA Hospital protocols.A bona fide health care professional-patient relationship under this subsection is a privileged communication within the meaning of Section 8-802 of the Code of Civil Procedure.

(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.) (410 ILCS 130/15)Sec. 15. Authority.(a) It is the duty of the Department of Public Health to enforce the following provisions of this Act unless otherwise provided for by this Act:(1) establish and maintain a confidential registry of     qualifying patients authorized to engage in the medical use of cannabis and their caregivers;(2) distribute educational materials about the health     benefits and risks associated with the use of cannabis and prescription medications;(3) adopt rules to administer the patient and     caregiver registration program; and(4) adopt rules establishing food handling     requirements for cannabis-infused products that are prepared for human consumption.(b) It is the duty of the Department of Agriculture to enforce the provisions of this Act relating to the registration and oversight of cultivation centers unless otherwise provided for in this Act.(c) It is the duty of the Department of Financial and Professional Regulation to enforce the provisions of this Act relating to the registration and oversight of dispensing organizations unless otherwise provided for in this Act.(d) The Department of Public Health, the Department of Agriculture, or the Department of Financial and Professional Regulation shall enter into intergovernmental agreements, as necessary, to carry out the provisions of this Act including, but not limited to, the provisions relating to the registration and oversight of cultivation centers, dispensing organizations, and qualifying patients and caregivers.(e) The Department of Public Health, Department of Agriculture, or the Department of Financial and Professional Regulation may suspend, revoke, or impose other penalties upon a registration for violations of this Act and any rules adopted in accordance thereto.  The suspension or revocation of, or imposition of any other penalty upon, a registration is a final Agency action, subject to judicial review.  Jurisdiction and venue for judicial review are vested in the Circuit Court.

(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; 99-519, eff. 6-30-16.) (410 ILCS 130/20)Sec. 20. Compassionate Use of Medical Cannabis Fund.(a) There is created the Compassionate Use of Medical Cannabis Fund in the State treasury to be used exclusively for the direct and indirect costs associated with the implementation, administration, and enforcement of this Act.  Funds in excess of the direct and indirect costs associated with the implementation, administration, and enforcement of this Act shall be used to fund crime prevention programs.(b) All monies collected under this Act shall be deposited in the Compassionate Use of Medical Cannabis Fund in the State treasury.  All earnings received from investment of monies in the Compassionate Use of Medical Cannabis Fund shall be deposited in the Compassionate Use of Medical Cannabis Fund.(c) Notwithstanding any other law to the contrary, the Compassionate Use of Medical Cannabis Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from the Compassionate Use of Medical Cannabis Fund into any other fund of the State.

(Source: P.A. 98-122, eff. 1-1-14.) (410 ILCS 130/25)Sec. 25. Immunities and presumptions related to the medical use of cannabis.(a) A registered qualifying patient is not subject to arrest, prosecution, or denial of any right or privilege, including, but not limited to, civil penalty or disciplinary action by an occupational or professional licensing board, for the medical use of cannabis in accordance with this Act, if the registered qualifying patient possesses an amount of cannabis that does not exceed an adequate supply as defined in subsection (a) of Section 10 of this Act of usable cannabis and, where the registered qualifying patient is a licensed professional, the use of cannabis does not impair that licensed professional when he or she is engaged in the practice of the profession for which he or she is licensed.(b) A registered designated caregiver is not subject to arrest, prosecution, or denial of any right or privilege, including, but not limited to, civil penalty or disciplinary action by an occupational or professional licensing board, for acting in accordance with this Act to assist a registered qualifying patient to whom he or she is connected through the Department's registration process with the medical use of cannabis if the designated caregiver possesses an amount of cannabis that does not exceed an adequate supply as defined in subsection (a) of Section 10 of this Act of usable cannabis. A school nurse or school administrator is not subject to arrest, prosecution, or denial of any right or privilege, including, but not limited to, a civil penalty, for acting in accordance with Section 22-33 of the School Code relating to administering or assisting a student in self-administering a  medical cannabis infused product.  The total amount possessed between the qualifying patient and caregiver shall not exceed the patient's adequate supply as defined in subsection (a) of Section 10 of this Act.(c) A registered qualifying patient or registered designated caregiver is not subject to
arrest, prosecution, or denial of any right or privilege, including, but not limited to, civil penalty or disciplinary action by an occupational or professional licensing board for possession of cannabis that is incidental to medical use, but is not usable cannabis as defined in this Act.(d)(1) There is a rebuttable presumption that a registered qualifying patient is engaged in, or a designated caregiver is assisting with, the medical use of cannabis in accordance with this Act if the qualifying patient or designated caregiver:(A) is in possession of a valid registry     identification card; and(B) is in possession of an amount of cannabis that     does not exceed the amount allowed under subsection (a) of Section 10.(2) The presumption may be rebutted by evidence that conduct related to cannabis was not for the purpose of treating or alleviating the qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition in compliance with this Act.(e) A certifying health care professional is not subject to arrest, prosecution, or penalty in any manner, or denial of any right or privilege, including, but not limited to, civil penalty or disciplinary action by the Medical Disciplinary Board or by any other occupational or professional licensing board, solely for providing written certifications or for otherwise stating that, in the certifying health care professional's professional opinion, a patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition, provided that nothing shall prevent a professional licensing or disciplinary board from sanctioning a certifying health care professional for: (1) issuing a written certification to a patient who is not under the certifying health care professional's care for a debilitating medical condition; or (2) failing to properly evaluate a patient's medical condition or otherwise violating the standard of care for evaluating medical conditions.(f) No person may be subject to arrest, prosecution, or denial of any right or privilege, including, but not limited to, civil penalty or disciplinary action by an occupational or professional licensing board, solely for: (1) selling cannabis paraphernalia to a cardholder upon presentation of an unexpired registry identification card in the recipient's name, if employed and registered as a dispensing agent by a registered dispensing organization; (2) being in the presence or vicinity of the medical use of cannabis as allowed under this Act; or (3) assisting a registered qualifying patient with the act of administering cannabis.(g) A registered cultivation center is not subject to prosecution; search or inspection, except by the Department of Agriculture, Department of Public Health, or State or local law enforcement under Section 130; seizure; or penalty in any manner, or denial of any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business licensing board or entity, for acting under this Act and Department of Agriculture rules to: acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, or sell cannabis to registered dispensing organizations.(h) A registered cultivation center agent is not subject to prosecution, search, or penalty in any manner, or denial of any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business licensing board or entity, for working or volunteering for a
registered cannabis cultivation center under this Act and Department of Agriculture rules, including to perform the actions listed under subsection (g).(i) A registered dispensing organization is not subject to prosecution; search or inspection, except by the Department of Financial and Professional Regulation or State or local law enforcement pursuant to Section 130; seizure; or penalty in any manner, or denial of any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business licensing board or entity, for acting under this Act and Department of Financial and Professional Regulation rules to: acquire, possess, or dispense cannabis, or related supplies, and educational materials to registered qualifying patients or registered designated caregivers on behalf of registered qualifying patients.(j) A registered dispensing organization agent is not subject to prosecution, search, or penalty in any manner, or denial of any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business licensing board or entity, for working or volunteering for a dispensing organization under this Act and Department of Financial and Professional Regulation rules, including to perform the actions listed under subsection (i).(k) Any cannabis, cannabis paraphernalia, illegal property, or interest in legal property that is possessed, owned, or used in connection with the medical use of cannabis as allowed under this Act, or acts incidental to that use, may not be seized or forfeited. This Act does not prevent the seizure or forfeiture of cannabis exceeding the amounts allowed under this Act, nor shall it prevent seizure or forfeiture if the basis for the action is unrelated to the cannabis that is possessed, manufactured, transferred, or used under this Act.(l) Mere possession of, or application for, a registry identification card or registration certificate does not constitute probable cause or reasonable suspicion, nor shall it be used as the sole basis to support the search of the person, property, or home of the person possessing or applying for the registry identification card. The possession of, or application for, a registry identification card does not preclude the existence of probable cause if probable cause exists on other grounds.(m) Nothing in this Act shall preclude local or State law enforcement agencies from searching a registered cultivation center where there is probable cause to believe that the criminal laws of this State have been violated and the search is conducted in conformity with the Illinois Constitution, the Constitution of the United States, and all State statutes.(n) Nothing in this Act shall preclude local or State law enforcement agencies from searching a registered dispensing organization where there is probable cause to believe that the criminal laws of this State have been violated and the search is conducted in conformity with the Illinois Constitution, the Constitution of the United States, and all State statutes.(o)  No individual employed by the State of Illinois shall be subject to criminal or civil penalties for taking any action in accordance with the provisions of this Act, when the actions are within the scope of his or her employment.  Representation and indemnification of State employees shall be provided to State employees as set forth in Section 2 of the State Employee Indemnification Act.(p) No law enforcement or correctional agency, nor any individual employed by a law enforcement or correctional agency, shall be subject to criminal or civil liability, except for willful and wanton misconduct, as a result of taking any action within the scope of the official duties of the agency or individual to prohibit or prevent the possession or use of cannabis by a cardholder incarcerated at a correctional facility, jail, or municipal lockup facility, on parole or mandatory supervised release, or otherwise under the lawful jurisdiction of the agency or individual. (Source: P.A. 101-363, eff. 8-19-19; 101-370, eff. 1-1-20; 102-558, eff. 8-20-21.) (410 ILCS 130/30)Sec. 30. Limitations and penalties.(a) This Act does not permit any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, the following conduct:(1) Undertaking any task under the influence of     cannabis, when doing so would constitute negligence, professional malpractice, or professional misconduct;(2) Possessing cannabis:(A) except as provided under Section 22-33 of the         School Code, in a school bus;(B) except as provided under Section 22-33 of the         School Code, on the grounds of any preschool or primary or secondary school;(C) in any correctional facility;(D) in a vehicle under Section 11-502.1 of the         Illinois Vehicle Code;(E) in a vehicle not open to the public unless         the medical cannabis is in a reasonably secured, sealed container and reasonably inaccessible while the vehicle is moving; or(F) in a private residence that is used at any         time to provide licensed child care or other similar social service care on the premises;(3) Using cannabis:(A) except as provided under Section 22-33 of the         School Code, in a school bus;(B) except as provided under Section 22-33 of the         School Code, on the grounds of any preschool or primary or secondary school;(C) in any correctional facility;(D) in any motor vehicle;(E) in a private residence that is used at any         time to provide licensed child care or other similar social service care on the premises;(F) except as provided under Section 22-33 of the         School Code and Section 31 of this Act, in any public place.  "Public place" as used in this subsection means any place where an individual could reasonably be expected to be observed by others.  A "public place" includes all parts of buildings owned in whole or in part, or leased, by the State or a local unit of government.   A "public place" does not include a private residence unless the private residence is used to provide licensed child care, foster care, or other similar social service care on the premises.  For purposes of this subsection, a "public place" does not include a health care facility.  For purposes of this Section, a "health care facility" includes, but is not limited to, hospitals, nursing homes, hospice care centers, and long-term care facilities;(G) except as provided under Section 22-33 of the         School Code and Section 31 of this Act, knowingly in close physical proximity to anyone under the age of 18 years of age;(4) Smoking medical cannabis in any public place     where an individual could reasonably be expected to be observed by others, in a health care facility, or any other place where smoking is prohibited under the Smoke Free Illinois Act;(5) Operating, navigating, or being in actual     physical control of any motor vehicle, aircraft, or motorboat while using or under the influence of cannabis in violation of Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;(6) Using or possessing cannabis if that person does     not have a debilitating medical condition and is not a registered qualifying patient or caregiver;(7) Allowing any person who is not allowed to use     cannabis under this Act to use cannabis that a cardholder is allowed to possess under this Act;(8) Transferring cannabis to any person contrary to     the provisions of this Act;(9) The use of medical cannabis by an active duty law     enforcement officer, correctional officer, correctional probation officer, or firefighter; or(10) The use of medical cannabis by a person who has     a school bus permit or a Commercial Driver's License.(b) Nothing in this Act shall be construed to prevent the arrest or prosecution of a registered qualifying patient for reckless driving or driving under the influence of cannabis where probable cause exists.(c) Notwithstanding any other criminal penalties related to the unlawful possession of cannabis, knowingly making a misrepresentation to a law enforcement official of any fact or circumstance relating to the medical use of cannabis to avoid arrest or prosecution is a petty offense punishable by a fine of up to $1,000, which shall be in addition to any other penalties that may apply for making a false statement or for the use of cannabis other than use undertaken under this Act.(d) Notwithstanding any other criminal penalties related to the unlawful possession of cannabis, any person who makes a misrepresentation of a medical condition to a certifying health care professional or fraudulently provides material misinformation to a certifying health care professional in order to obtain a written certification is guilty of a petty offense punishable by a fine of up to $1,000.(e) Any cardholder or registered caregiver who sells cannabis shall have his or her registry identification card revoked and is subject to other penalties for the unauthorized sale of cannabis.(f) Any registered qualifying patient who commits a violation of Section 11-502.1 of the Illinois Vehicle Code or refuses a properly requested test related to operating a motor vehicle while under the influence of cannabis shall have his or her registry identification card revoked.(g) No registered qualifying patient or designated caregiver shall knowingly obtain, seek to obtain, or possess, individually or collectively, an amount of usable cannabis from a registered medical cannabis dispensing organization that would cause him or her to exceed the authorized adequate supply under subsection (a) of Section 10.(h) Nothing in this Act shall prevent a private business from restricting or prohibiting the medical use of cannabis on its property.(i) Nothing in this Act shall prevent a university, college, or other institution of post-secondary education from restricting or prohibiting the use of medical cannabis on its property.

(Source: P.A. 101-363, eff. 8-9-19; 102-67, eff. 7-9-21.) (410 ILCS 130/31)Sec. 31. Administration to persons with disabilities in park district programs.(a) Definitions. For purposes of this Section:(1) "Park district" has the meaning as defined in     Section 1-3 of the Park District Code. "Park district" includes the Chicago Park District as defined by the Chicago Park District Act, any special recreational association created by a park district through an intergovernmental agreement, and any nonprofit organization authorized by the park district or special recreational association to administer a program for persons with disabilities on its behalf.(2) "Program participant" means a person with     disabilities who is a registered qualifying patient and who participates in a summer camp, educational program, or other similar program provided by a park district for persons with disabilities.(b) Subject to the restrictions under subsections (c) through (f) of this Section, a park district shall authorize a program participant's parent, guardian, or other designated caregiver to administer a medical cannabis infused product to the program participant on the premises of the park district if both the program participant and the parent, guardian, or other designated caregiver are cardholders. After administering the medical cannabis infused product, the parent, guardian, or other designated caregiver shall remove the medical cannabis infused product from the premises of the park district.(c) A parent, guardian, or other designated caregiver may not administer a medical cannabis infused product under this Section in a manner that, in the opinion of the park district, would create a disruption to the park district's program or activity for persons with disabilities or would cause exposure of the medical cannabis infused product to other program participants.(d) A park district may not discipline a program participant who is administered a medical cannabis infused product by a parent, guardian, or other designated caregiver under this Section and may not deny the program participant's eligibility to attend the park district's program or activity for persons with disabilities solely because the program participant requires the administration of the medical cannabis infused product.(e) Nothing in this Section requires a member of the park district's staff to administer a medical cannabis infused product to a program participant.(f) A park district may not authorize the use of a medical cannabis infused product under this Section if the park district would lose federal funding as a result of the authorization. 
(Source: P.A. 102-67, eff. 7-9-21.) (410 ILCS 130/35)Sec. 35. Certifying health care professional requirements.(a) A certifying health care professional who certifies a debilitating medical condition for a qualifying patient shall comply with all of the following requirements:(1) The certifying health care professional shall be     currently licensed under the Medical Practice Act of 1987 to practice medicine in all its branches, the Nurse Practice Act, or the Physician Assistant Practice Act of 1987, shall be  in good standing, and must hold a controlled substances license under Article III of the Illinois Controlled Substances Act.(2) A certifying health care professional certifying     a patient's condition shall comply with generally accepted standards of medical practice, the provisions of the Act under which he or she is licensed and all applicable rules.(3) The physical examination required by this Act may     not be performed by remote means, including telemedicine.(4) The certifying health care professional shall     maintain a record-keeping system for all patients for whom the certifying health care professional has certified the patient's medical condition.  These records shall be accessible to and subject to review by the Department of Public Health and the Department of Financial and Professional Regulation upon request.(b)  A certifying health care professional may not:(1) accept, solicit, or offer any form of     remuneration from or to a qualifying patient, primary caregiver, cultivation center, or dispensing organization, including each principal officer, board member, agent, and employee, to certify a patient, other than accepting payment from a patient for the fee associated with the required examination, except for the limited purpose of performing a medical cannabis-related research study;(1.5) accept, solicit, or offer any form of     remuneration from or to a medical cannabis cultivation center or dispensary organization for the purposes of referring a patient to a specific dispensary organization;(1.10) engage in any activity that is prohibited     under Section 22.2 of the Medical Practice Act of 1987, regardless of whether the certifying health care professional is a physician, advanced practice registered nurse, or physician assistant;(2) offer a discount of any other item of value to a     qualifying patient who uses or agrees to use a particular primary caregiver or dispensing organization to obtain medical cannabis;(3) conduct a personal physical examination of a     patient for purposes of diagnosing a debilitating medical condition at a location where medical cannabis is sold or distributed or at the address of a principal officer, agent, or employee or a medical cannabis organization;(4) hold a direct or indirect economic interest in a     cultivation center or dispensing organization if he or she recommends the use of medical cannabis to qualified patients or is in a partnership or other fee or profit-sharing relationship with a certifying health care professional who recommends medical cannabis, except for the limited purpose of performing a medical cannabis-related research study;(5) serve on the board of directors or as an employee     of a cultivation center or dispensing organization;(6) refer patients to a cultivation center, a     dispensing organization, or a registered designated caregiver;  or(7) advertise in a cultivation center or a dispensing     organization.(c)  The Department of Public Health may with reasonable cause refer a certifying health care professional, who has certified a debilitating medical condition of a patient, to the Illinois Department of Financial and Professional Regulation for potential violations of this Section.(d) Any violation of this Section or any other provision of this Act or rules adopted under this Act is a violation of the certifying health care professional's licensure act.(e) A certifying health care professional who certifies a debilitating medical condition for a qualifying patient may notify the Department of Public Health in writing: (1) if the certifying health care professional has reason to believe either that the
registered qualifying patient has ceased to suffer from a
debilitating medical condition; (2) that the bona fide health care professional-patient relationship has terminated; or (3) that continued use of medical cannabis would result in contraindication with the patient's
other medication. The registered qualifying patient's registry
identification card shall be revoked by the Department of Public Health after receiving the certifying health care professional's notification.(f) Nothing in this Act shall preclude a certifying health care professional from referring a patient for health services, except when the referral is limited to certification purposes only, under this Act. (Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.) (410 ILCS 130/36)Sec. 36. Written certification.(a) A certification confirming a patient's debilitating medical condition shall be written on a form provided by the Department of Public Health and shall include, at a minimum, the following:(1) the qualifying patient's name, date of birth,     home address, and primary telephone number;(2) the certifying health care professional's name,     address, telephone number, email address, and medical, advanced practice registered nurse, or physician assistant license number, and the last 4 digits, only, of his or her active controlled substances license under the Illinois Controlled Substances Act and indication of specialty or primary area of clinical practice, if any;(3) the qualifying patient's debilitating medical     condition;(4) a statement that the certifying health care     professional has confirmed a diagnosis of a debilitating condition; is treating or managing treatment of the patient's debilitating condition; has a bona fide health care professional-patient relationship; has conducted an in-person physical examination; and has conducted a review of the patient's medical history, including reviewing medical records from other treating health care professionals, if any, from the previous 12 months;(5) the certifying health care professional's     signature and date of certification; and(6) a statement that a participant in possession of a     written certification indicating a debilitating medical condition shall not be considered an unlawful user or addicted to narcotics solely as a result of his or her pending application to or participation in the Compassionate Use of Medical Cannabis Program.(b) A written certification does not constitute a prescription for medical cannabis.(c) Applications for qualifying patients under 18 years old shall require a written certification from a certifying health care professional and a reviewing certifying health care professional.(d) A certification confirming the patient's eligibility to participate in the Opioid Alternative Pilot Program shall be written on a form provided by the Department of Public Health and shall include, at a minimum, the following:(1) the participant's name, date of birth, home     address, and primary telephone number;(2) the certifying health care professional's name,     address, telephone number, email address, and medical, advanced practice registered nurse, or physician assistant license number, and the last 4 digits, only, of his or her active controlled substances license under the Illinois Controlled Substances Act and indication of specialty or primary area of clinical practice, if any;(3) the certifying health care professional's     signature and date;(4) the length of participation in the program, which     shall be limited to no more than 90 days;(5) a statement identifying the patient has been     diagnosed with and is currently undergoing treatment for a medical condition where an opioid has been or could be prescribed; and(6) a statement that a participant in possession of a     written certification indicating eligibility to participate in the Opioid Alternative Pilot Program shall not be considered an unlawful user or addicted to narcotics solely as a result of his or her eligibility or participation in the program.(e) The Department of Public Health may provide a single certification form for subsections (a) and (d)  of this Section, provided that all requirements of those subsections are included on the form.(f) The Department of Public Health shall not include the word "cannabis" on any application forms or written certification forms that it issues under this Section.(g) A written certification does not constitute a prescription.(h) It is unlawful for any person to knowingly submit a fraudulent certification to be a qualifying patient in the Compassionate Use of Medical Cannabis Program or an Opioid Alternative Pilot Program participant.  A violation of this subsection shall result in the person who has knowingly submitted the fraudulent certification being permanently banned from participating in the Compassionate Use of Medical Cannabis Program or the Opioid Alternative Pilot Program. 
(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.) (410 ILCS 130/40)Sec. 40. Discrimination prohibited.(a)(1) No school, employer, or landlord may refuse to enroll or lease to, or otherwise penalize, a person solely for his or her status as a registered qualifying patient or a registered designated caregiver, unless failing to do so would put the school, employer, or landlord in violation of federal law or unless failing to do so would cause it to lose a monetary or licensing-related benefit under federal law or rules. This does not prevent a landlord from prohibiting the smoking of cannabis on the premises.(2) For the purposes of medical care, including organ transplants, a registered qualifying patient's authorized use of cannabis in accordance with this Act is considered the equivalent of the authorized use of any other medication used at the direction of a certifying health care professional, and may not constitute the use of an illicit substance or otherwise disqualify a qualifying patient from needed medical care.(b) A person otherwise entitled to custody of or visitation or parenting time with a minor may not be denied that right, and there is no presumption of neglect or child endangerment, for conduct allowed under this Act, unless the person's actions in relation to cannabis were such that they created an unreasonable danger to the safety of the minor as established by clear and convincing evidence.(c) No school, landlord, or employer may be penalized or denied any benefit under State law for enrolling, leasing to, or employing a cardholder.(d) Nothing in this Act may be construed to require a government medical assistance program, employer, property and casualty insurer, or private health insurer to reimburse a person for costs associated with the medical use of cannabis.(e) Nothing in this Act may be construed to require any person or establishment in lawful possession of property to allow a guest, client, customer, or visitor who is a registered qualifying patient to use cannabis on or in that property.

(Source: P.A. 101-363, eff. 8-9-19.) (410 ILCS 130/45)Sec. 45. Addition of debilitating medical conditions.(a) Any resident may petition the Department of Public Health to add debilitating conditions or treatments to the list of debilitating medical conditions listed in subsection (h) of Section 10. The Department shall approve or deny a petition within 180 days of its submission, and, upon approval, shall proceed to add that condition by rule in accordance with the Illinois Administrative Procedure Act. The approval or denial of any petition is a final decision of the Department, subject to judicial review.  Jurisdiction and venue are vested in the Circuit Court.(b) The Department shall accept petitions once annually for a one-month period determined by the Department.  During the open period, the Department shall accept petitions from any resident requesting the addition of a new debilitating medical condition or disease to the list of approved debilitating medical conditions for which the use of cannabis has been shown to have a therapeutic or palliative effect.  The Department shall provide public notice 30 days before the open period for accepting petitions, which shall describe the time period for submission, the required format of the submission, and the submission address.(c) Each petition shall be limited to one proposed debilitating medical condition or disease.(d) A petitioner shall file one original petition in the format provided by the Department and in the manner specified by the Department. For a petition to be processed and reviewed, the following information shall be included:(1)         The petition, prepared on forms provided     by the Department, in the manner specified by the Department.(2)         A specific description of the medical     condition or disease that is the subject of the petition.  Each petition shall be limited to a single condition or disease. Information about the proposed condition or disease shall include:(A)        the extent to which the condition or         disease itself or the treatments cause severe suffering, such as severe or chronic pain, severe nausea or vomiting, or otherwise severely impair a person's ability to conduct activities of daily living;(B)        information about why conventional         medical therapies are not sufficient to alleviate the suffering caused by the disease or condition and its treatment;(C)        the proposed benefits from the medical         use of cannabis specific to the medical condition or disease;(D)        evidence from the medical community         and other experts supporting the use of medical cannabis to alleviate suffering caused by the condition, disease, or treatment;(E)        letters of support from physicians or         other licensed health care providers knowledgeable about the condition or disease, including, if feasible, a letter from a physician, advanced practice registered nurse, or physician assistant with whom the petitioner has a bona fide health care professional-patient relationship;(F)         any additional medical, testimonial,         or scientific documentation; and(G)        an electronic copy of all materials         submitted.(3)         Upon receipt of a petition, the     Department shall:(A)        determine whether the petition meets         the standards for submission and, if so, shall accept the petition for further review; or(B)        determine whether the petition does         not meet the standards for submission and, if so, shall deny the petition without further review.(4)         If the petition does not fulfill the     standards for submission, the petition shall be considered deficient. The Department shall notify the petitioner, who may correct any deficiencies and resubmit the petition during the next open period.(e)         The petitioner may withdraw his or her petition by submitting a written statement to the Department indicating withdrawal.(f)        Upon review of accepted petitions, the Director shall render a final decision regarding the acceptance or denial of the proposed debilitating medical conditions or diseases.(g) The Department shall convene a Medical Cannabis Advisory Board (Advisory Board) composed of 16 members, which shall include:(1)         one medical cannabis patient advocate or     designated caregiver;(2)         one parent or designated caregiver of a     person under the age of 18 who is a qualified medical cannabis patient;(3)         two registered nurses or nurse     practitioners;(4)         three registered qualifying patients,     including one veteran; and(5)         nine health care practitioners with     current professional licensure in their field.  The Advisory Board shall be composed of health care practitioners representing the following areas:(A)        neurology;(B)        pain management;(C)        medical oncology;(D)        psychiatry or mental health;(E)        infectious disease;(F)         family medicine;(G)        general primary care;(H)        medical ethics;(I)         pharmacy;(J)         pediatrics; or(K)        psychiatry or mental health for         children or adolescents.At least one appointed health care practitioner shall have direct experience related to the health care needs of veterans and at least one individual shall have pediatric experience.(h)         Members of the Advisory Board shall be appointed by the Governor.(1)         Members shall serve a term of 4 years or     until a successor is appointed and qualified.  If a vacancy occurs, the Governor shall appoint a replacement to complete the original term created by the vacancy.(2)         The Governor shall select a chairperson.(3)         Members may serve multiple terms.(4)         Members shall not have an affiliation     with, serve on the board of, or have a business relationship with a registered cultivation center or a registered medical cannabis dispensary.(5)         Members shall disclose any real or     apparent conflicts of interest that may have a direct bearing of the subject matter, such as relationships with pharmaceutical companies, biomedical device manufacturers, or corporations whose products or services are related to the medical condition or disease to be reviewed.(6)         Members shall not be paid but shall be     reimbursed for travel expenses incurred while fulfilling the responsibilities of the Advisory Board.(i) On June 30, 2016 (the effective date of Public Act 99-519), the terms of office of the members of the Advisory Board serving on that date shall terminate and the Board shall be reconstituted.(j)         The Advisory Board shall convene at the call of the Chair:(1) to examine debilitating conditions or diseases     that would benefit from the medical use of cannabis; and(2) to review new medical and scientific evidence     pertaining to currently approved conditions.(k) The Advisory Board shall issue an annual report of its activities each year.(l) The Advisory Board shall receive administrative support from the Department.(Source: P.A. 100-201, eff. 8-18-17; 101-363, eff. 8-9-19.) (410 ILCS 130/50)Sec. 50. Employment; employer liability.(a) Nothing in this Act shall prohibit an employer from adopting reasonable regulations concerning the consumption, storage, or timekeeping requirements for qualifying patients related to the use of medical cannabis.(b) Nothing in this Act shall prohibit an employer from enforcing a policy concerning drug testing, zero-tolerance, or a drug free workplace provided the policy is applied in a nondiscriminatory manner.(c) Nothing in this Act shall limit an employer from disciplining a registered qualifying patient for violating a workplace drug policy.(d) Nothing in this Act shall limit an employer's ability to discipline an employee for failing a drug test if failing to do so would put the employer in violation of federal law or cause it to lose a federal contract or funding.(e) Nothing in this Act shall be construed to create a defense for a third party who fails a drug test.(f) An employer may consider a registered qualifying patient to be impaired when he or she manifests specific, articulable symptoms while working that decrease or lessen his or her performance of the duties or tasks of the employee's job position, including symptoms of the employee's speech, physical dexterity, agility, coordination, demeanor, irrational or unusual behavior, negligence or carelessness in operating equipment or machinery, disregard for the safety of the employee or others, or involvement in an accident that results in serious damage to equipment or property, disruption of a production or manufacturing process, or carelessness that results in any injury to the employee or others. If an employer elects to discipline a qualifying patient under this subsection, it must afford the employee a reasonable opportunity to contest the basis of the determination.(g) Nothing in this Act shall be construed to create or imply a cause of action for any person against an employer for: (1) actions based on the employer's good faith belief that a registered qualifying patient used or possessed cannabis while on the employer's premises or during the hours of employment; (2) actions based on the employer's good faith belief that a registered qualifying patient was impaired while working on the employer's premises during the hours of employment; (3) injury or loss to a third party if the employer neither knew nor had reason to know that the employee was impaired.(h) Nothing in this Act shall be construed to interfere with any federal restrictions on employment  including but not limited to the United States Department of Transportation regulation 49 CFR 40.151(e).

(Source: P.A. 98-122, eff. 1-1-14.) (410 ILCS 130/55)Sec. 55. Registration of qualifying patients and designated caregivers.(a) The Department of Public Health shall issue registry identification cards to qualifying patients and designated caregivers who submit a completed application, and at minimum, the following, in accordance with Department of Public Health rules:(1) A written certification, on a form developed by     the Department of Public Health consistent with Section 36 and issued by a certifying health care professional, within 90 days immediately preceding the date of an application and submitted by the qualifying patient or his or her designated caregiver;(2) upon the execution of applicable privacy waivers,     the patient's medical documentation related to his or her debilitating condition and any other information that may be reasonably required by the Department of Public Health to confirm that the certifying health care professional and patient have a bona fide health care professional-patient relationship, that the qualifying patient is in the certifying health care professional's care for his or her debilitating medical condition, and to substantiate the patient's diagnosis;(3) the application or renewal fee as set by rule;(4) the name, address, date of birth, and social     security number of the qualifying patient, except that if the applicant is homeless no address is required;(5) the name, address, and telephone number of the     qualifying patient's certifying health care professional;(6) the name, address, and date of birth of the     designated caregiver, if any, chosen by the qualifying patient;(7) (blank);(8) signed statements from the patient and designated     caregiver asserting that they will not divert medical cannabis; and(9) (blank).(b) Notwithstanding any other provision of this Act, a person provided a written certification for a debilitating medical condition who has submitted a completed online application to the Department of Public Health shall receive a provisional registration and be entitled to purchase medical cannabis from a licensed dispensing organization for a period of 90 days or until his or her application has been denied or he or she receives a registry identification card, whichever is earlier. However, a person may obtain an additional provisional registration after the expiration of 90 days after the date of application if the Department of Public Health does not provide the individual with a registry identification card or deny the individual's application within those 90 days.The provisional registration may not be extended if the individual does not respond to the Department of Public Health's request for additional information or corrections to required application documentation.In order for a person to receive medical cannabis under this subsection, a person must present his or her provisional registration along with a valid driver's license or State identification card to the licensed dispensing organization. The dispensing organization shall verify the person's provisional registration through the Department of Public Health's online verification system.Upon verification of the provided documents, the dispensing organization shall dispense no more than 2.5 ounces of medical cannabis during a 14-day period to the person for a period of 90 days, until his or her application has been denied, or until he or she receives a registry identification card from the Department of Public Health, whichever is earlier.Persons with provisional registrations must keep their provisional registration in his or her possession at all times when transporting or engaging in the medical use of cannabis.(c) No person or business shall charge a fee for assistance in the preparation, compilation, or submission of an application to the Compassionate Use of Medical Cannabis Program or the Opioid Alternative Pilot Program. A violation of this subsection is a Class C misdemeanor, for which restitution to the applicant and a fine of  up to $1,500 may be imposed. All fines shall be deposited into the Compassionate Use of Medical Cannabis Fund after restitution has been made to the applicant. The Department of Public Health shall refer individuals making complaints against a person or business under this Section to the Illinois State Police, who shall enforce violations of this provision. All application forms issued by the Department shall state that no person or business may charge a fee for assistance in the preparation, compilation, or submission of an application to the Compassionate Use of Medical Cannabis Program or the Opioid Alternative Pilot Program. (Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21.) (410 ILCS 130/57)Sec. 57. Qualifying patients.(a) Qualifying patients that are under the age of 18 years shall not be prohibited from appointing up to 3 designated caregivers who meet the definition of "designated caregiver" under Section 10 so long as at least one designated caregiver is a biological parent or legal guardian.(b) Qualifying patients that are 18 years of age or older shall not be prohibited from appointing up to 3 designated caregivers who meet the definition of "designated caregiver" under Section 10. (Source: P.A. 101-363, eff. 8-9-19.) (410 ILCS 130/60)Sec. 60. Issuance of registry identification cards.(a) Except as provided in subsection (b), the Department of Public Health shall:(1) verify the information contained in an     application or renewal for a registry identification card submitted under this Act, and approve or deny an application or renewal, within 90 days of receiving a completed application or renewal application and all supporting documentation specified in Section 55;(2) issue registry identification cards to a     qualifying patient and his or her designated caregiver, if any, within 15 business days of approving the application or renewal;(3) enter the registry identification number of the     registered dispensing organization the patient designates into the verification system; and(4) allow for an electronic application process, and     provide a confirmation by electronic or other methods that an application has been submitted.Notwithstanding any other provision of this Act, the Department of Public Health shall adopt rules for qualifying patients and applicants with life-long debilitating medical conditions, who may be charged annual renewal fees. The Department of Public Health shall not require patients and applicants with life-long debilitating medical conditions to apply to renew registry identification cards.(b) The Department of Public Health may not issue a registry identification card to a qualifying patient who is under  18 years of age, unless that patient suffers from seizures, including those characteristic of epilepsy, or as provided by administrative rule. The Department of Public Health shall adopt rules for the issuance of a registry identification card for qualifying patients who are under  18 years of age and suffering from seizures, including those characteristic of epilepsy.

The Department of Public Health may adopt rules to allow other individuals under 18 years of age to become registered qualifying patients under this Act with the consent of a parent or legal guardian.  Registered qualifying patients under 18 years of age shall be prohibited from consuming forms of cannabis other than medical cannabis infused products and purchasing any usable cannabis.(c) A veteran who has received treatment at a VA hospital is deemed to have a bona fide health care professional-patient relationship with a VA certifying health care professional if the patient has been seen for his or her debilitating medical condition at the VA hospital in accordance with VA hospital protocols.
All reasonable inferences regarding the existence of a bona fide health care professional-patient relationship shall be drawn in favor of an applicant who is a veteran and has undergone treatment at a VA hospital.(c-10) An individual who submits an application as someone who is terminally ill shall have all fees waived. The Department of Public Health shall within 30 days after this amendatory Act of the 99th General Assembly adopt emergency rules to expedite approval for terminally ill individuals. These rules shall include, but not be limited to, rules that provide that applications by individuals with terminal illnesses shall be approved or denied within 14 days of their submission.(d) No later than 6 months after the effective date of this amendatory Act of the 101st General Assembly, the Secretary of State shall remove all existing notations on driving records that the person is a registered qualifying patient or his or her caregiver under this Act.(e) Upon the approval of the registration and issuance of a registry card under this Section, the Department of Public Health shall electronically forward the registered qualifying patient's identification card information to the Prescription Monitoring Program established under the Illinois Controlled Substances Act and certify that the individual is permitted to engage in the medical use of cannabis. For the purposes of patient care, the Prescription Monitoring Program shall make a notation on the person's prescription record stating that the person is a registered qualifying patient who is entitled to the lawful medical use of cannabis. If the person no longer holds a valid registry card, the Department of Public Health shall notify the Prescription Monitoring Program and Department of Human Services to remove the notation from the person's record. The Department of Human Services and the Prescription Monitoring Program shall establish a system by which the information may be shared electronically.  This confidential list may not be combined or linked in any manner with any other list or database except as provided in this Section.(f) (Blank). (Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19; 101-593, eff. 12-4-19.) (410 ILCS 130/62)Sec. 62. Opioid Alternative Pilot Program.(a) The Department of Public Health shall establish the Opioid Alternative Pilot Program. Licensed dispensing organizations shall allow persons with a written certification from a certifying health care professional under Section 36 to purchase medical cannabis upon enrollment in the Opioid Alternative Pilot Program. The Department of Public Health shall adopt rules or establish procedures allowing qualified veterans to participate in the Opioid Alternative Pilot Program. For a person to receive medical cannabis under this Section, the person must present the written certification along with a valid driver's license or state identification card to the licensed dispensing organization specified in his or her application. The dispensing organization shall verify the person's status as an Opioid Alternative Pilot Program participant through the Department of Public Health's online verification system.(b)  The Opioid Alternative Pilot Program shall be limited to participation by Illinois residents age 21 and older.(c)  The Department of Financial and Professional Regulation shall specify that all licensed dispensing organizations participating in the Opioid Alternative Pilot Program use the Illinois Cannabis Tracking System. The Department of Public Health shall establish and maintain the Illinois Cannabis Tracking System. The Illinois Cannabis Tracking System shall be used to collect information about all persons participating in the Opioid Alternative Pilot Program and shall be used to track the sale of medical cannabis for verification purposes.Each dispensing organization shall retain a copy of the Opioid Alternative Pilot Program certification  and other identifying information as required by the Department of Financial and Professional Regulation, the Department of Public Health, and the Illinois State Police in the Illinois Cannabis Tracking System.The Illinois Cannabis Tracking System shall be accessible to the Department of Financial and Professional Regulation, Department of Public Health, Department of Agriculture, and the Illinois State Police.The Department of Financial and Professional Regulation in collaboration with the Department of Public Health shall specify the data requirements for the Opioid Alternative Pilot Program by licensed dispensing organizations; including, but not limited to, the participant's full legal name, address, and date of birth, date on which the Opioid Alternative Pilot Program certification was issued, length of the participation in the Program, including the start and end date to purchase medical cannabis, name of the issuing physician, copy of the participant's current driver's license or State identification card, and phone number.The Illinois Cannabis Tracking System shall provide verification of a person's participation in the Opioid Alternative Pilot Program for law enforcement at any time and on any day.(d)  The certification for Opioid Alternative Pilot Program participant must be issued by a certifying health care professional who is licensed to practice in Illinois under the Medical Practice Act of 1987, the Nurse Practice Act, or the Physician Assistant Practice Act of 1987 and who is in good standing and holds a controlled substances license under Article III of the Illinois Controlled Substances Act.The certification for an Opioid Alternative Pilot Program participant shall be written within 90  days before the participant submits his or her certification to the dispensing organization.The written certification uploaded to the Illinois Cannabis Tracking System shall be accessible to the Department of Public Health.(e) Upon verification of the individual's valid certification and enrollment in the Illinois Cannabis Tracking System, the dispensing organization may dispense the medical cannabis, in amounts not exceeding 2.5 ounces of medical cannabis per 14-day period to the participant at the participant's specified dispensary for no more than 90 days.An Opioid Alternative Pilot Program participant shall not be registered as a medical cannabis cardholder. The dispensing organization shall verify that the person is not an active registered qualifying patient prior to enrollment in the Opioid Alternative Pilot Program and each time medical cannabis is dispensed.Upon receipt of a written certification under the Opioid Alternative Pilot Program, the Department of Public Health shall electronically forward the patient's identification information to the Prescription Monitoring Program established under the Illinois Controlled Substances Act and certify that the individual is permitted to engage in the medical use of cannabis. For the purposes of patient care, the Prescription Monitoring Program shall make a notation on the person's prescription record stating that the person has a written certification under the Opioid Alternative Pilot Program and is a patient who is entitled to the lawful medical use of cannabis. If the person is no longer authorized to engage in the medical use of cannabis, the Department of Public Health shall notify the Prescription Monitoring Program and Department of Human Services to remove the notation from the person's record. The Department of Human Services and the Prescription Monitoring Program shall establish a system by which the information may be shared electronically. This confidential list may not be combined or linked in any manner with any other list or database except as provided in this Section.(f) An Opioid Alternative Pilot Program participant shall not be considered a qualifying patient with a debilitating medical condition under this Act and shall be provided access to medical cannabis solely for the duration of the participant's certification. Nothing in this Section shall be construed to limit or prohibit an Opioid Alternative Pilot Program participant who has a debilitating medical condition from applying to the Compassionate Use of Medical Cannabis Program.(g) A person with a provisional registration under Section 55 shall not be considered an Opioid Alternative Pilot Program participant.(h) The Department of Financial and Professional Regulation and the Department of Public Health shall submit emergency rulemaking to implement the changes made by this amendatory Act of the 100th General Assembly by December 1, 2018. The Department of Financial and Professional Regulation, the Department of Agriculture, the Department of Human Services, the Department of Public Health, and the Illinois State Police shall utilize emergency purchase authority for 12 months after the effective date of this amendatory Act of the 100th General Assembly for the purpose of implementing the changes made by this amendatory Act of the 100th General Assembly.(i) Dispensing organizations are not authorized to dispense medical cannabis to Opioid Alternative Pilot Program participants until administrative rules are approved by the Joint Committee on Administrative Rules and go into effect.(j) The provisions of this Section are inoperative on and after July 1, 2025. 
(Source: P.A. 101-363, eff. 8-9-19; 102-16, eff. 6-17-21.) (410 ILCS 130/65)Sec. 65. Denial of registry identification cards.(a) The Department of Public Health may deny an application or renewal of a qualifying patient's registry identification card only if the applicant:(1)   did not provide the required information and     materials;(2)   previously had a registry identification card     revoked;(3)   did not meet the requirements of this Act;(4)   provided false or falsified information; or(5) violated any requirement of this Act.(b) (Blank).(b-5) (Blank).(c) The Department of Public Health may deny an application or renewal for a designated caregiver chosen by a qualifying patient whose registry identification card was granted only if:(1)   the designated caregiver does not meet the     requirements of subsection (i) of Section 10;(2)   the applicant did not provide the information     required;(3)   the prospective patient's application was     denied;(4)   the designated caregiver previously had a     registry identification card revoked;(5)   the applicant or the designated caregiver     provided false or falsified information; or(6) violated any requirement of this Act.(d) (Blank).(e) The Department of Public Health shall notify the qualifying patient who has designated someone to serve as his or her designated caregiver if a registry identification card will not be issued to the designated caregiver.(f) Denial of an application or renewal is considered a final Department action, subject to judicial review. Jurisdiction and venue for judicial review are vested in the Circuit Court.

(Source: P.A. 99-697, eff. 7-29-16; 100-1114, eff. 8-28-18.) (410 ILCS 130/70)Sec. 70. Registry identification cards.(a) A registered qualifying patient or designated caregiver must keep their registry identification card in his or her  possession at all times when engaging in the medical use of cannabis.(b) Registry identification cards shall contain the following:(1) the name of the cardholder;(2) a designation of whether the cardholder is a     designated caregiver or qualifying patient;(3) the date of issuance and expiration date of the     registry identification card;(4) a random alphanumeric identification number that     is unique to the cardholder;(5) if the cardholder is a designated caregiver, the     random alphanumeric identification number of the registered qualifying patient the designated caregiver is receiving the registry identification card to assist; and(6) a photograph of the cardholder, if required by     Department of Public Health rules.(c) To maintain a valid registration identification card, a registered qualifying patient and caregiver must annually resubmit, at least 45 days prior to the expiration date stated on the registry identification card, a completed renewal application, renewal fee, and accompanying documentation as described in Department of Public Health rules.  The Department of Public Health shall send a notification to a registered qualifying patient or registered designated caregiver 90 days prior to the expiration of the registered qualifying patient's or registered designated caregiver's identification card.  If the Department of Public Health fails to grant or deny a renewal application received in accordance with this Section, then the renewal is deemed granted and the registered qualifying patient or registered designated caregiver may continue to use the expired identification card until the Department of Public Health denies the renewal or issues a new identification card.(d) Except as otherwise provided in this Section, the expiration date is 3 years after the date of issuance.(e) The Department of Public Health may electronically store in the card any or all of the information listed in subsection (b), along with the address and date of birth of the cardholder and the qualifying patient's designated dispensary organization, to allow it to be read by law enforcement agents.

(Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16.) (410 ILCS 130/75)Sec. 75. Notifications to Department of Public Health and responses; civil penalty.(a) The following notifications and Department of Public Health responses are required:(1) A registered qualifying patient shall notify the     Department of Public Health of any change in his or her name or address, or if the registered qualifying patient ceases to have his or her debilitating medical condition, within 10 days of the change.(2) A registered designated caregiver shall notify     the Department of Public Health of any change in his or her name or address, or if the designated caregiver becomes aware the registered qualifying patient passed away, within 10 days of the change.(3) Before a registered qualifying patient changes     his or her designated caregiver, the qualifying patient must notify the Department of Public Health.(4) If a cardholder loses his or her registry     identification card, he or she shall notify the Department within 10 days of becoming aware the card has been lost.(b) When a cardholder notifies the Department of Public Health of items listed in subsection (a), but remains eligible under this Act, the Department of Public Health shall issue the cardholder a new registry identification card with a new random alphanumeric identification number within 15 business days of receiving the updated information and a fee as specified in Department of Public Health rules. If the person notifying the Department of Public Health is a registered qualifying patient, the Department shall also issue his or her registered designated caregiver, if any, a new registry identification card within 15 business days of receiving the updated information.(c) If a registered qualifying patient ceases to be a registered qualifying patient or changes his or her registered designated caregiver, the Department of Public Health shall promptly notify the designated caregiver. The registered designated caregiver's protections under this Act as to that qualifying patient shall expire 15 days after notification by the Department.(d) A cardholder who fails to make a notification to the Department of Public Health that is required by this Section is subject to a civil infraction, punishable by a penalty of no more than $150.(e) A registered qualifying patient shall notify the Department of Public Health of any change to his or her designated registered dispensing organization. The Department of Public Health shall provide for immediate changes of a registered qualifying patient's designated registered dispensing organization.  Registered dispensing organizations must comply with all requirements of this Act.(f) If the registered qualifying patient's certifying health care professional notifies the Department in writing that either the registered qualifying patient has ceased to suffer from a debilitating medical condition, that the bona fide health care professional-patient relationship has terminated, or that continued use of medical
cannabis would result in contraindication with the patient's
other medication, the card shall become null and void. However, the registered qualifying patient shall have 15 days to destroy his or her remaining medical cannabis and related paraphernalia.

(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.) (410 ILCS 130/80)Sec. 80. Preparation of cannabis infused products.(a) Notwithstanding any other provision of law, neither the Department of Public Health nor the Department of Agriculture nor the health department of a unit of local government may regulate the service of food by a registered cultivation center or registered dispensing organization provided that all of the following conditions are met:(1) No cannabis infused products requiring     refrigeration or hot-holding shall be manufactured at a cultivation center for sale or distribution at a dispensing organization due to the potential for food-borne illness.(2) Baked products infused with medical cannabis     (such as brownies, bars, cookies, cakes), tinctures, and other non-refrigerated items are acceptable for sale at dispensing organizations. The products are allowable for sale only at registered dispensing organizations.(3) All items shall be individually wrapped at the     original point of preparation. The packaging of the medical cannabis infused product shall conform to the labeling requirements of the Illinois Food, Drug and Cosmetic Act and shall include the following information on each product offered for sale or distribution:(A) the name and address of the registered         cultivation center where the item was manufactured;(B) the common or usual name of the item;(C) all ingredients of the item, including any         colors, artificial flavors, and preservatives, listed in descending order by predominance of weight shown with common or usual names;(D) the following phrase: "This product was         produced in a medical cannabis cultivation center not subject to public health inspection that may also process common food allergens.";(E) allergen labeling as specified in the Federal         Food, Drug and Cosmetics Act, Federal Fair Packaging and Labeling Act, and the Illinois Food, Drug and Cosmetic Act;(F) the pre-mixed total weight (in ounces or         grams) of usable cannabis in the package;(G) a warning that the item is a medical cannabis         infused product and not a food must be distinctly and clearly legible on the front of the package;(H) a clearly legible warning emphasizing that         the product contains medical cannabis and is intended for consumption by registered qualifying patients only;  and(I) date of manufacture and "use by date".(4) Any dispensing organization that sells edible     cannabis infused products must display a placard that states the following: "Edible cannabis infused products were produced in a kitchen not subject to public health inspections that may also process common food allergens." The placard shall be no smaller than 24" tall by 36" wide, with typed letters no smaller than 2". The placard shall be clearly visible and readable by customers and shall be written in English.(5) Cannabis infused products for sale or     distribution at a dispensing organization must be prepared by an approved staff member of a registered cultivation center.(6) A cultivation center that prepares cannabis     infused products for sale or distribution at a dispensing organization shall be under the operational supervision of a Department of Public Health certified food service sanitation manager.(b) The Department of Public Health shall adopt rules for the manufacture of medical cannabis-infused products and shall enforce these provisions, and for that purpose it may at all times enter every building, room, basement, enclosure, or premises occupied or used or suspected of being occupied or used for the production, preparation, manufacture for sale, storage, sale, distribution or transportation of  medical cannabis edible products, to inspect the premises and all utensils, fixtures, furniture, and machinery used for the preparation of these products.(c) If a local health organization has a reasonable belief that a cultivation center's cannabis-infused product poses a public health hazard, it may refer the cultivation center to the Department of Public Health.  If the Department of Public Health finds that a cannabis-infused product poses a health hazard, it may without administrative procedure to bond, bring an action for immediate injunctive relief to require that action be taken as the court may deem necessary to meet the hazard of the cultivation center.

(Source: P.A. 98-122, eff. 1-1-14.) (410 ILCS 130/85)Sec. 85. Issuance and denial of medical cannabis cultivation permit.(a) The Department of Agriculture may register up to 22 cultivation center registrations for operation.   The Department of Agriculture may not issue more than one registration per each Illinois State Police District boundary as specified on the date of January 1, 2013. The Department of Agriculture may not issue less than the 22 registrations if there are qualified applicants who have applied with the Department.(b) The registrations shall be issued and renewed annually as determined by administrative rule.(c) The Department of Agriculture shall determine a registration fee by rule.(d) A cultivation center may only operate if it has been issued a valid registration from the Department of Agriculture.  When applying for a cultivation center registration, the applicant shall submit the following in accordance with Department of Agriculture rules:(1) the proposed legal name of the cultivation     center;(2) the proposed physical address of the cultivation     center and description of the enclosed, locked facility as it applies to cultivation centers where medical cannabis will be grown, harvested, manufactured, packaged, or otherwise prepared for distribution to a dispensing organization;(3) the name, address, and date of birth of each     principal officer and board member of the cultivation center, provided that all those individuals shall be at least 21 years of age;(4) any instance in which a business that any of the     prospective board members of the cultivation center had managed or served on the board  of the business and was convicted, fined, censured, or had a registration or license suspended or revoked in any administrative or judicial proceeding;(5) cultivation, inventory, and packaging plans;(6) proposed operating by-laws that include     procedures for the oversight of the cultivation center, development and implementation of a plant monitoring system, medical cannabis container tracking system, accurate record keeping, staffing plan, and security plan reviewed by the Illinois State Police that are in accordance with the rules issued by the Department of Agriculture under this Act.  A physical inventory shall be performed of all plants and medical cannabis containers on a weekly basis;(7) experience with agricultural cultivation     techniques and industry standards;(8) any academic degrees, certifications, or relevant     experience with related businesses;(9) the identity of every person, association, trust,     or corporation having any direct or indirect pecuniary interest in the cultivation center operation with respect to which the registration is sought.  If the disclosed entity is a trust, the application shall disclose the names and addresses of the beneficiaries; if a corporation, the names and addresses of all stockholders and directors; if a partnership, the names and addresses of all partners, both general and limited;(10) verification from the Illinois State Police that     all background checks of the principal officer, board members, and registered agents have been conducted and those individuals have not been convicted of an excluded offense;(11) provide a copy of the current local zoning     ordinance to the Department of Agriculture and verify that proposed cultivation center is in compliance with the local zoning rules issued in accordance with Section 140;(12) an application fee set by the Department of     Agriculture by rule; and(13) any other information required by Department of     Agriculture rules, including, but not limited to a cultivation center applicant's experience with the cultivation of agricultural or horticultural products, operating an agriculturally related business, or operating a horticultural business.(e) An application for a cultivation center permit must be denied if any of the following conditions are met:(1) the applicant failed to submit the materials     required by this Section, including if the applicant's plans do not satisfy the security, oversight, inventory, or recordkeeping rules issued by the Department of Agriculture;(2) the applicant would not be in compliance with     local zoning rules issued in accordance with Section 140;(3) one or more of the prospective principal officers     or board members has been convicted of an excluded offense;(4) one or more of the prospective principal officers     or board members has served as a principal officer or board member for a registered dispensing organization or cultivation center that has had its registration revoked;(5) one or more of the principal officers or board     members is under 21 years of age;(6) a principal officer or board member of the     cultivation center has been convicted of a felony under the laws of this State, any other state, or the United States;(7) a principal officer or board member of the     cultivation center has been convicted of any violation of Article 28 of the Criminal Code of 2012, or substantially similar laws of any other jurisdiction; or(8) the person has submitted an application for a     certificate under this Act which contains false information. (Source: P.A. 102-538, eff. 8-20-21.) (410 ILCS 130/90)Sec. 90. Renewal of cultivation center registrations.(a) Registrations shall be renewed annually.  The registered cultivation center shall receive written notice 90 days prior to the expiration of its current registration that the registration will expire. The Department of Agriculture shall grant a renewal application within 45 days of its submission if the following conditions are satisfied:(1) the registered cultivation center submits a     renewal application and the required renewal fee established by the Department of Agriculture by rule; and(2) the Department of Agriculture has not suspended     the registration of the cultivation center or suspended or revoked the registration for violation of this Act or rules adopted under this Act. (Source: P.A. 98-122, eff. 1-1-14.) (410 ILCS 130/95)Sec. 95. Background checks.(a) The Department of Agriculture through the Illinois State Police shall conduct a background check of the prospective cultivation center agents.   The Illinois State Police shall charge a fee for conducting the criminal history record check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the record check.  In order to carry out this provision, each person applying as a cultivation center agent shall submit a full set of fingerprints to the Illinois State Police for the purpose of obtaining a State and federal criminal records check.  These fingerprints shall be checked against the fingerprint records now and hereafter, to the extent allowed by law, filed in the Illinois State Police and Federal Bureau of Investigation criminal history records databases.   The Illinois State Police shall furnish, following positive identification, all Illinois conviction information to the Department of Agriculture.(b)   When applying for the initial permit, the background checks for the principal officer, board members, and registered agents shall be completed prior to submitting the application to the Department of Agriculture.

(Source: P.A. 102-538, eff. 8-20-21.) (410 ILCS 130/100)Sec. 100. Cultivation center agent identification card.(a) The Department of Agriculture shall:(1) verify the information contained in an     application or renewal for a cultivation center identification card submitted under this Act, and approve or deny an application or renewal, within 30 days of receiving a completed application or renewal application and all supporting documentation required by rule;(2) issue a cultivation center agent identification     card to a qualifying agent within 15 business days of approving the application or renewal;(3) enter the registry identification number of the     cultivation center where the agent works; and(4) allow for an electronic application process, and     provide a confirmation by electronic or other methods that an application has been submitted.(b) A cultivation center agent must keep his or her identification card visible at all times when on the property of a cultivation center and during the transportation of medical cannabis to a registered dispensary organization.(c) The cultivation center agent identification cards shall contain the following:(1) the name of the cardholder;(2) the date of issuance and expiration date of     cultivation center agent identification cards;(3) a random 10-digit alphanumeric identification     number containing at least 4 numbers and at least 4 letters that is unique to the holder; and(4) a photograph of the cardholder.(d) The cultivation center agent identification cards shall be immediately returned to the cultivation center upon termination of employment.(e) Any card lost by a cultivation center agent shall be reported to the Illinois State Police and the Department of Agriculture immediately upon discovery of the loss.(f) An applicant shall be denied a cultivation center agent identification card if he or she has been convicted of an excluded offense.(g) An agent applicant may begin employment at a cultivation center while the agent applicant's identification card application is pending. Upon approval, the Department shall issue the agent's identification card to the agent. If denied, the cultivation center and the agent applicant shall be notified and the agent applicant must cease all activity at the cultivation center immediately. 
(Source: P.A. 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) (410 ILCS 130/105)Sec. 105. Requirements; prohibitions; penalties for cultivation centers.(a) The operating documents of a  registered cultivation center shall include procedures for the oversight of the cultivation center, a cannabis plant monitoring system including a physical inventory recorded weekly, a cannabis container system including a physical inventory recorded weekly, accurate record keeping, and a staffing plan.(b) A registered cultivation center shall implement a security plan reviewed by the Illinois State Police and including but not limited to: facility access controls, perimeter intrusion detection systems, personnel identification systems, 24-hour surveillance system to monitor the interior and exterior of the registered cultivation center facility and accessible to authorized law enforcement and the Department of Agriculture in real-time.(c) A registered cultivation center may not be located within 2,500 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, or an area zoned for residential use.(d) All cultivation of cannabis for distribution to a registered dispensing organization must take place in an enclosed, locked facility as it applies to cultivation centers at the physical address provided to the Department of Agriculture during the registration process.  The cultivation center location shall only be accessed by the cultivation center  agents working for the registered cultivation center, Department of Agriculture staff performing inspections, Department of Public Health staff performing inspections, law enforcement or other emergency personnel, and contractors working on jobs unrelated to medical cannabis, such as installing or maintaining security devices or performing electrical wiring.(e) A cultivation center may not sell or distribute any cannabis to any individual or entity other than another cultivation center, a dispensing organization registered under this Act, or a laboratory licensed by the Department of Agriculture.(f) All harvested cannabis intended for distribution to a dispensing organization must be packaged in a labeled medical cannabis container and entered into a data collection system.(g) No person who has been convicted of an excluded offense may be a cultivation center agent.(h) Registered cultivation centers are subject to random inspection by the Illinois State Police.(i) Registered cultivation centers are subject to random inspections by the Department of Agriculture and the Department of Public Health.(j) A cultivation center agent shall notify local law enforcement, the Illinois State Police, and the Department of Agriculture within 24 hours of the discovery of any loss or theft.  Notification shall be made by phone or in-person, or by written or electronic communication.(k) A cultivation center shall comply with all State and federal rules and regulations regarding the use of pesticides.

(Source: P.A. 101-363, eff. 8-9-19; 102-538, eff. 8-20-21.) (410 ILCS 130/110)Sec. 110. Suspension; revocation; other penalties for cultivation centers and agents. Notwithstanding any other criminal penalties related to the unlawful possession of cannabis, the Department of Agriculture may revoke, suspend, place on probation, reprimand, issue cease and desist orders, refuse to issue or renew a registration, or take any other disciplinary or non-disciplinary action as the Department of Agriculture may deem proper with regard to a registered cultivation center or cultivation center agent, including imposing fines not to exceed $50,000 for each violation, for any violations of this Act and rules adopted under this Act. The procedures for disciplining a registered cultivation center or cultivation center agent and for administrative hearings shall be determined by rule. All final administrative decisions of the Department of Agriculture are subject to judicial review under the Administrative Review Law and its rules. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.


(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.) (410 ILCS 130/115)Sec. 115. Registration of dispensing organizations.(a) The Department of Financial and Professional Regulation may issue up to 60 dispensing organization registrations for operation.  The Department of Financial and Professional Regulation may not issue less than the 60 registrations if there are qualified applicants who have applied with the Department of Financial and Professional Regulation.  The organizations shall be geographically dispersed throughout the State to allow all registered qualifying patients reasonable proximity and access to a dispensing organization.(a-5)  The Department of Financial and Professional Regulation shall adopt rules to create a registration process for Social Equity Justice Involved Applicants and Qualifying Applicants, a streamlined application, and a Social Equity Justice Involved Medical Lottery under Section 115.5 to issue the remaining available 5 dispensing organization registrations for operation. For purposes of this Section:"Disproportionately Impacted Area" means a census tract or comparable geographic area that satisfies the following criteria as determined by the Department of Commerce and Economic Opportunity, that:(1) meets at least one of the following criteria:(A) the area has a poverty rate of at least 20%         according to the latest federal decennial census; or(B) 75% or more of the children in the area         participate in the federal free lunch program according to reported statistics from the State Board of Education; or(C) at least 20% of the households in the area         receive assistance under the Supplemental Nutrition Assistance Program; or(D) the area has an average unemployment rate, as         determined by the Illinois Department of Employment Security, that is more than 120% of the national unemployment average, as determined by the United States Department of Labor, for a period of at least 2 consecutive calendar years preceding the date of the application; and(2) has high rates of arrest, conviction, and     incarceration related to sale, possession, use, cultivation, manufacture, or transport of cannabis."Qualifying Applicant" means an applicant that: (i) submitted an application pursuant to Section 15-30 of the Cannabis Regulation and Tax Act that received at least 85% of 250 application points available under Section 15-30 of the Cannabis Regulation and Tax Act  as the applicant's final score;  (ii) received points at the conclusion of the scoring process  for meeting the definition of a "Social Equity Applicant" as set forth under the Cannabis Regulation and Tax Act; and (iii) is  an applicant that did not receive a Conditional Adult Use Dispensing Organization License through a Qualifying Applicant Lottery pursuant to Section 15-35 of the Cannabis Regulation and Tax Act or any Tied Applicant Lottery conducted under the Cannabis Regulation and Tax Act."Social Equity Justice Involved Applicant" means an applicant that is an Illinois resident and one of the following:(1) an applicant with at least 51% ownership and     control by one or more individuals who have resided for at least 5 of the preceding 10 years in a Disproportionately Impacted Area;(2) an applicant with at least 51% of ownership and     control by one or more individuals who have been arrested for, convicted of, or adjudicated delinquent for any offense that is eligible for expungement under subsection (i) of Section 5.2 of the Criminal Identification Act; or(3) an applicant with at least 51% ownership and     control by one or more members of an impacted family.(b) A dispensing organization may only operate if it has been issued a registration from the Department of Financial and Professional Regulation.  The Department of Financial and Professional Regulation shall adopt rules establishing the procedures for applicants for dispensing organizations.(c) When applying for a dispensing organization registration, the applicant shall submit, at a minimum, the following in accordance with Department of Financial and Professional Regulation rules:(1) a non-refundable application fee established by     rule;(2) the proposed legal name of the dispensing     organization;(3) the proposed physical address of the dispensing     organization;(4) the name, address, and date of birth of each     principal officer and board member of the dispensing organization, provided that all those individuals shall be at least 21 years of age;(5) (blank);(6) (blank); and(7) (blank).(d) The Department of Financial and Professional Regulation shall conduct a background check of the prospective dispensing organization agents in order to carry out this Section.  The Department of State Police shall charge a fee for conducting the criminal history record check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the record check.  Each person applying as a dispensing organization agent shall submit a full set of fingerprints to the Department of State Police for the purpose of obtaining a State and federal criminal records check.  These fingerprints shall be checked against the fingerprint records now and hereafter, to the extent allowed by law, filed in the Department of State Police and Federal Bureau of Investigation criminal history records databases.   The Department of State Police shall furnish, following positive identification, all Illinois conviction information to the Department of Financial and Professional Regulation.(e) A dispensing organization must pay a registration fee set by the Department of Financial and Professional Regulation.(f) An application for a medical cannabis dispensing organization registration must be denied if any of the following conditions are met:(1) the applicant failed to submit the materials     required by this Section, including if the applicant's plans do not satisfy the security, oversight, or recordkeeping rules issued by the Department of Financial and Professional Regulation;(2) the applicant would not be in compliance with     local zoning rules issued in accordance with Section 140;(3) the applicant does not meet the requirements of     Section 130;(4) one or more of the prospective principal officers     or board members has been convicted of an excluded offense;(5) one or more of the prospective principal officers     or board members has served as a principal officer or board member for a registered medical cannabis dispensing organization that has had its registration revoked; and(6) one or more of the principal officers or board     members is under 21 years of age.  (Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21.) (410 ILCS 130/115.5)Sec. 115.5. Social Equity Justice Involved Medical Lottery.(a) In this Section:"By lot" has the same meaning as defined in Section 1-10 of the Cannabis Regulation and Tax Act."Qualifying Applicant" has the same meaning as defined in subsection (a-5) of Section 115."Social Equity Justice Involved Applicant" has the same meaning as defined in subsection (a-5) of Section 115."Social Equity Justice Involved Medical Lottery" means the process of issuing 5 available medical cannabis dispensing organization registrations by lot, conducted by the Department of Financial and Professional Regulation, for applicants who are either: (i) Social Equity Justice Involved Applicants; or (ii) Qualifying Applicants.(b) The Department of Financial and Professional Regulation shall conduct a Social Equity Justice Involved Medical Lottery to award up to 5 medical cannabis dispensing organization registrations by lot in accordance with Section 115.(c) The Department of Financial and Professional Regulation shall adopt rules through emergency rulemaking in accordance with subsection (kk) of Section 5-45 of the Illinois Administrative Procedure Act to create a registration process, a streamlined application, an application fee not to exceed $5,000 for purposes of this Section, and limits on the number of entries into the Social Equity Justice Involved Medical Lottery, as well as any other measures to reduce barriers to enter the cannabis industry.  The General Assembly finds that the adoption of rules to regulate cannabis use is deemed an emergency and necessary for the public interest, safety, and welfare.(d) Social Equity Justice Involved Applicants awarded a registration under subsection (a-5) of Section 115 are eligible to serve purchasers at the same site and a secondary site under the Cannabis Regulation and Tax Act, subject to application and inspection processes established by the Department. The licenses issued under this Section shall be valid for 2 years after the date of issuance and shall renew in the manner proscribed by the Department.(e)    No applicant may be awarded more than one medical cannabis dispensing organization registration  at the conclusion of the  lottery conducted under this Section.(f) No individual may be listed as a principal officer of more than one medical cannabis dispensing organization registration awarded under this Section. 
(Source: P.A. 102-98, eff. 7-15-21.) (410 ILCS 130/120)Sec. 120. Dispensing organization agent identification card.(a) The Department of Financial and Professional Regulation shall:(1) verify the information contained in an     application or renewal for a dispensing organization agent identification card submitted under this Act, and approve or deny an application or renewal, within 30 days of receiving a completed application or renewal application and all supporting documentation required by rule;(2) issue a dispensing organization agent     identification card to a qualifying agent within 15 business days of approving the application or renewal;(3) enter the registry identification number of the     dispensing organization where the agent works; and(4) allow for an electronic application process, and     provide a confirmation by electronic or other methods that an application has been submitted.(b) A dispensing agent must keep his or her identification card visible at all times when on the property of a dispensing organization.(c) The dispensing organization agent identification cards shall contain the following:(1) the name of the cardholder;(2) the date of issuance and expiration date of the     dispensing organization agent identification cards;(3) a random 10 digit alphanumeric identification     number containing at least 4 numbers and at least 4 letters; that is unique to the holder; and(4) a photograph of the cardholder.(d) The dispensing organization agent identification cards shall be immediately returned to the dispensing organization upon termination of employment.(e) Any card lost by a dispensing organization agent shall be reported to the Illinois State Police and the Department of Financial and Professional Regulation immediately upon discovery of the loss.(f) An applicant shall be denied a dispensing organization agent identification card if he or she has been convicted of an excluded offense.

(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.) (410 ILCS 130/125)Sec. 125. Medical cannabis dispensing organization certification renewal.(a) The registered dispensing organization shall receive written notice 90 days prior to the expiration of its current registration that the registration will expire. The Department of Financial and Professional Regulation shall grant a renewal application within 45 days of its submission if the following conditions are satisfied:(1) the registered  dispensing organization submits a     renewal application and the required renewal fee established by the  Department of Financial and Professional Regulation rules;  and(2) the Department of Financial and Professional     Regulation has not suspended the registered dispensing organization or suspended or revoked the registration for violation of this Act or rules adopted under this Act.(b) If a dispensing organization fails to renew its registration prior to expiration, the dispensing organization shall cease operations until registration is renewed.(c) If a dispensing organization agent fails to renew his or her registration prior to its expiration, he or she shall cease to work or volunteer at a dispensing organization until his or her registration is renewed.(d) Any dispensing organization that continues to operate or dispensing agent that continues to work or volunteer at a dispensing organization that fails to renew its registration shall be subject to penalty as provided in Section 130.

(Source: P.A. 98-122, eff. 1-1-14.) (410 ILCS 130/130)Sec. 130. Requirements; prohibitions; penalties; dispensing organizations.(a) The Department of Financial and Professional Regulation shall implement the provisions of this Section by rule.(b) A dispensing organization shall maintain operating documents which shall include procedures for the oversight of the registered dispensing organization and procedures to ensure accurate recordkeeping.(c) A dispensing organization shall implement appropriate security measures, as provided by rule, to deter and prevent the theft of cannabis and unauthorized entrance into areas containing cannabis.(d) A dispensing organization may not be located within 1,000 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, or part day child care facility. A registered dispensing organization may not be located in a house, apartment, condominium, or an area zoned for residential use.

This subsection shall not apply to any dispensing organizations registered on or after July 1, 2019.(e) A dispensing organization is prohibited from acquiring cannabis from anyone other than a cultivation center, craft grower, processing organization, another dispensing organization, or transporting organization licensed or registered under this Act or the Cannabis Regulation and Tax Act. A dispensing organization is prohibited from obtaining cannabis from outside the State of Illinois.(f) A registered dispensing organization is prohibited from dispensing cannabis for any purpose except to assist registered qualifying patients with the medical use of cannabis directly or through the qualifying patients' designated caregivers.(g) The area in a dispensing organization where medical cannabis is stored can only be accessed by dispensing organization agents working for the dispensing organization, Department of Financial and Professional Regulation staff performing inspections, law enforcement or other emergency personnel, and contractors working on jobs unrelated to medical cannabis, such as installing or maintaining security devices or performing electrical wiring.(h) A dispensing organization may not dispense more than 2.5 ounces of cannabis to a registered qualifying patient, directly or via a designated caregiver, in any 14-day period unless the qualifying patient has a Department of Public Health-approved quantity waiver.

Any Department of Public Health-approved quantity waiver process must be made available to qualified veterans.(i) Except as provided in subsection (i-5), before medical cannabis may be dispensed to a designated caregiver or a registered qualifying patient, a dispensing organization agent must determine that the individual is a current cardholder in the verification system and must verify each of the following:(1) that the registry identification card presented     to the registered dispensing organization is valid;(2) that the person presenting the card is the person     identified on the registry identification card presented to the dispensing organization agent;(3) (blank); and(4) that the registered qualifying patient has not     exceeded his or her adequate supply.(i-5) A dispensing organization may dispense medical
cannabis to an Opioid Alternative Pilot    Program participant under Section 62 and to a person presenting proof of provisional registration under Section 55.  Before dispensing medical cannabis, the dispensing organization shall comply with the requirements of Section 62 or Section 55, whichever is applicable, and verify the following:(1) that the written certification presented to the     registered dispensing organization is valid and an original document;(2)   that the person presenting the written     certification is the person identified on the written certification; and(3) that the participant has not exceeded his or her     adequate supply.(j) Dispensing organizations shall ensure compliance with this limitation by maintaining internal, confidential records that include records specifying how much medical cannabis is dispensed to the registered qualifying patient and whether it was dispensed directly to the registered qualifying patient or to the designated caregiver. Each entry must include the date and time the cannabis was dispensed. Additional recordkeeping requirements may be set by rule.(k) The health care professional-patient privilege as set forth by Section 8-802 of the Code of Civil Procedure shall apply between a qualifying patient and a registered dispensing organization and its agents with respect to communications and records concerning qualifying patients' debilitating conditions.(l) A dispensing organization may not permit any person to consume cannabis on the property of a medical cannabis organization.(m) A dispensing organization may not share office space with or refer patients to a certifying health care professional.(n) Notwithstanding any other criminal penalties related to the unlawful possession of cannabis, the Department of Financial and Professional Regulation may revoke, suspend, place on probation, reprimand, refuse to issue or renew, or take any other disciplinary or non-disciplinary action as the Department of Financial and Professional Regulation may deem proper with regard to the registration of any person issued under this Act to operate a dispensing organization or act as a dispensing organization agent, including imposing fines not to exceed $10,000 for each violation, for any violations of this Act and rules adopted in accordance with this Act. The procedures for disciplining a registered dispensing organization shall be determined by rule.  All final administrative decisions of the Department of Financial and Professional Regulation are subject to judicial review under the Administrative Review Law and its rules. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.(o) Dispensing organizations are subject to random inspection and cannabis testing by the Department of Financial and Professional Regulation, the Illinois State Police, the Department of Revenue, the Department of Public Health, the Department of Agriculture, or as provided by rule.(p) The Department of Financial and Professional Regulation shall adopt rules permitting returns, and potential refunds, for damaged or inadequate products.(q) The Department of Financial and Professional Regulation may issue nondisciplinary citations for minor violations which may be accompanied by a civil penalty not to exceed $10,000 per violation. The penalty shall be a civil penalty or other condition as established by rule. The citation shall be issued to the licensee and shall contain the licensee's name, address, and license number, a brief factual statement, the Sections of the law or rule allegedly violated, and the civil penalty, if any, imposed. The citation must clearly state that the licensee may choose, in lieu of accepting the citation, to request a hearing. If the licensee does not dispute the matter in the citation with the Department of Financial and Professional Regulation within 30 days after the citation is served, then the citation shall become final and shall not be subject to appeal. (Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21.) (410 ILCS 130/135)Sec. 135. (Repealed).
	 
	 (Source: P.A. 98-122, eff. 1-1-14. Repealed by P.A. 101-363, eff. 8-9-19.) (410 ILCS 130/140)Sec. 140. Local ordinances. A unit of local government may enact reasonable zoning ordinances or resolutions, not in conflict with this Act or with Department of Agriculture or Department of Financial and Professional Regulation rules, regulating registered medical cannabis cultivation center or medical cannabis dispensing organizations. No unit of local government, including a home rule unit, or school district may regulate registered medical cannabis organizations other than as provided in this Act and may not unreasonably prohibit the cultivation, dispensing, and use of medical cannabis authorized by this Act.  This Section is a denial and limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.) (410 ILCS 130/145)Sec. 145. Confidentiality.(a) The following information received and records kept by the
Department of Public Health, Department of Financial and Professional Regulation, Department of Agriculture, or Illinois State Police for purposes of administering this Act are subject to all applicable federal privacy laws, confidential, and exempt from the Freedom of Information Act, and not subject to disclosure to any individual or public or private entity, except as necessary for authorized employees of those authorized agencies to perform official duties under this Act and the following information received and records kept by Department of Public Health, Department of  Agriculture, Department of Financial and Professional Regulation, and Illinois State Police, excluding any existing or non-existing Illinois or national criminal history record information as defined in subsection (d), may be disclosed to each other upon request:(1) Applications and renewals, their contents, and     supporting information submitted by qualifying patients and designated caregivers, including information regarding their designated caregivers and certifying health care professionals.(2) Applications and renewals, their contents, and     supporting information submitted by or on behalf of cultivation centers and dispensing organizations in compliance with this Act, including their physical addresses. This does not preclude the release of ownership information of cannabis business establishment licenses.(3) The individual names and other information     identifying persons to whom the Department of Public Health has issued registry identification cards.(4) Any dispensing information required to be kept     under Section 135, Section 150, or Department of Public Health, Department of Agriculture, or Department of Financial and Professional Regulation rules shall identify cardholders and registered cultivation centers by their registry identification numbers and medical cannabis dispensing organizations by their registration number and not contain names or other personally identifying information.(5) All medical records provided to the Department of     Public Health in connection with an application for a registry card.(b) Nothing in this Section precludes the following:(1) Department of Agriculture, Department of     Financial and Professional Regulation, or Public Health employees may notify law enforcement about falsified or fraudulent information submitted to the Departments if the employee who suspects that falsified or fraudulent information has been submitted conferred with his or her supervisor and both agree that circumstances exist that warrant reporting.(2) If the employee conferred with his or her     supervisor and both agree that circumstances exist that warrant reporting, Department of Public Health employees may notify the Department of Financial and Professional Regulation if there is reasonable cause to believe a certifying health care professional:(A) issued a written certification without a bona         fide health care professional-patient relationship under this Act;(B) issued a written certification to a person         who was not under the certifying health care professional's care for the debilitating medical condition; or(C) failed to abide by the acceptable and         prevailing standard of care when evaluating a patient's medical condition.(3) The Department of Public Health, Department of     Agriculture, and Department of Financial and Professional Regulation may notify State or local law enforcement about apparent criminal violations of this Act if the employee who suspects the offense has conferred with his or her supervisor and both agree that circumstances exist that warrant reporting.(4) Medical cannabis cultivation center agents and     medical cannabis dispensing organizations may notify the Department of Public Health, Department of Financial and Professional Regulation, or Department of Agriculture of a suspected violation or attempted violation of this Act or the rules issued under it.(5) Each Department may verify registry     identification cards under Section 150.(6) The submission of the report to the General     Assembly under Section 160.(b-5) Each Department responsible for licensure under this Act shall publish on the Department's website a list of the ownership information of cannabis business establishment licensees under the Department's jurisdiction. The list shall include, but shall not be limited to, the name of the person or entity holding each cannabis business establishment license and the address at which the entity is operating under this Act. This list shall be published and updated monthly.(c) Except for any ownership information released pursuant to subsection (b-5) or as otherwise authorized or required by law, it is a Class B misdemeanor with a $1,000 fine for any person, including an employee or official of the Department of Public Health, Department of Financial and Professional Regulation, or Department of Agriculture or another State agency or local government, to breach the confidentiality of information obtained under this Act.(d) The Department of Public Health, the Department of Agriculture, the Illinois State Police, and the Department of Financial and Professional Regulation shall not share or disclose any existing or non-existing Illinois or national criminal history record information. For the purposes of this Section, "any existing or non-existing Illinois or national criminal history record information" means any Illinois or national criminal history record information, including but not limited to the lack of or non-existence of these records. (Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) (410 ILCS 130/150)Sec. 150. Registry identification and registration certificate verification.(a) The Department of Public Health shall maintain a confidential list of the persons to whom the Department of Public Health has issued registry identification cards and their addresses, phone numbers, and registry identification numbers. This confidential list may not be combined or linked in any manner with any other list or database except as provided in this Section.(b) Within 180 days of the effective date of this Act, the Department of Public Health, Department of Financial and Professional Regulation, and Department of Agriculture shall together establish a computerized database or verification system. The database or verification system must allow law enforcement personnel and medical cannabis dispensary organization agents to determine whether or not the identification number corresponds with a current, valid registry identification card. The system shall only disclose whether the identification card is valid, whether the cardholder is a registered qualifying patient or a registered designated caregiver, the registry identification number of the registered medical cannabis dispensing organization designated to serve the registered qualifying patient who holds the card, and the registry identification number of the patient who is assisted by a registered designated caregiver who holds the card. The Department of Public Health, the Department of Agriculture, the Illinois State Police, and the Department of Financial and Professional Regulation shall not share or disclose any existing or non-existing Illinois or national criminal history record information. Notwithstanding any other requirements established by this subsection, the Department of Public Health shall issue registry cards to qualifying patients, the Department of Financial and Professional Regulation may issue registration to medical cannabis dispensing organizations for the period during which the database is being established, and the Department of Agriculture may issue registration to medical cannabis cultivation organizations for the period during which the database is being established.(c) For the purposes of this Section, "any existing or non-existing Illinois or national criminal history record information" means any Illinois or national criminal history record information, including but not limited to the lack of or non-existence of these records. (Source: P.A. 102-538, eff. 8-20-21.) (410 ILCS 130/155)Sec. 155. Review of administrative decisions. All final administrative decisions of the Departments of Public Health, Department of Agriculture, and Department of Financial and Professional Regulation are subject to direct judicial review under the provisions of the Administrative Review Law and the rules adopted under that Law. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 98-122, eff. 1-1-14.) (410 ILCS 130/160)Sec. 160. Annual reports. The Department of Public Health shall submit to the General Assembly a report, by September 30 of each year, that does not disclose any identifying information about registered qualifying patients, registered caregivers, or certifying health care professionals, but does contain, at a minimum, all of the following information based on the fiscal year for reporting purposes:(1) the number of applications and renewals filed for     registry identification cards or registrations;(2) the number of qualifying patients and designated     caregivers  served by each dispensary during the report year;(3) the nature of the debilitating medical conditions     of the qualifying patients;(4) the number of registry identification cards or     registrations revoked for misconduct;(5) the number of certifying health care     professionals providing written certifications for qualifying patients;(6) the number of registered medical cannabis     cultivation centers or registered dispensing organizations; and(7) the number of Opioid Alternative Pilot Program     participants. (Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.) (410 ILCS 130/162)Sec. 162. Market research study. The Illinois Cannabis Regulation Oversight Officer shall conduct a market research study on or before January 1, 2022. The study shall evaluate the ownership demographics of licensees and applicants for licenses under this Act.
(Source: P.A. 102-98, eff. 7-15-21.) (410 ILCS 130/165)Sec. 165. Administrative rulemaking.(a) Not later than 120 days after the effective date of this Act, the Department of Public Health, Department of Agriculture, and the Department of Financial and Professional Regulation shall develop rules in accordance to their responsibilities under this Act and file those rules with the Joint Committee on Administrative Rules.(b) The Department of Public Health rules shall address, but not be limited to, the following:(1) fees for applications for registration as a     qualified patient or caregiver;(2) establishing the form and content of registration     and renewal applications submitted under this Act, including a standard form for written certifications;(3) governing the manner in which it shall consider     applications for and renewals of registry identification cards;(4) the manufacture of medical cannabis-infused     products;(5) fees for the application and renewal of registry     identification cards. Fee revenue may be offset or supplemented by private donations;(6) any other matters as are necessary for the fair,     impartial, stringent, and comprehensive administration of this Act;  and(7) reasonable rules concerning the medical use of     cannabis at a nursing care institution, hospice, assisted living center, assisted living facility, assisted living home, residential care institution, or adult day health care facility.(c) The Department of Agriculture rules shall address, but not be limited to the following

related to registered cultivation centers, with the goal of protecting against diversion and theft, without imposing an undue burden on the registered cultivation centers:(1) oversight requirements for registered cultivation     centers;(2) recordkeeping requirements for registered     cultivation centers;(3) security requirements for registered cultivation     centers, which shall include that each registered cultivation center location must be protected by a fully operational security alarm system;(4) rules and standards for what constitutes an     enclosed, locked facility under this Act;(5) procedures for suspending or revoking the     registration certificates or registry identification cards of registered cultivation centers and their agents that commit violations of the provisions of this Act or the rules adopted under this Section;(6) rules concerning the intrastate transportation of     medical cannabis from a cultivation center to a dispensing organization;(7) standards concerning the testing, quality, and     cultivation of medical cannabis;(8) any other matters as are necessary for the fair,     impartial, stringent, and comprehensive administration of this Act;(9) application and renewal fees for cultivation     center agents; and(10) application, renewal, and registration fees for     cultivation centers.(d) The Department of Financial and Professional Regulation rules shall address, but not be limited to the following matters related to registered dispensing organizations, with the goal of protecting against diversion and theft, without imposing an undue burden on the registered dispensing organizations or compromising the confidentiality of cardholders:(1) application and renewal and registration fees for     dispensing organizations and dispensing organizations agents;(2) medical cannabis dispensing agent-in-charge     oversight requirements for dispensing organizations;(3) recordkeeping requirements for dispensing     organizations;(4) security requirements for medical cannabis     dispensing organizations, which shall include that each  registered dispensing organization location must be protected by a fully operational security alarm system;(5) procedures for suspending or revoking the     registrations of dispensing organizations and  dispensing organization agents that commit violations of the provisions of this Act or the rules adopted under this Act;(6) application and renewal fees for dispensing     organizations; and(7) application and renewal fees for dispensing     organization agents.(e) The Department of Public Health may establish a sliding scale of patient application and renewal fees based upon a qualifying patient's household income.  The Department of Public health may accept donations from private sources to reduce application and renewal fees, and registry identification card fees shall include an additional fee set by rule which shall be used to develop and disseminate educational information about the health risks associated with the abuse of cannabis and prescription medications.(f) During the rule-making process, each Department shall make a good faith effort to consult with stakeholders identified in the rule-making analysis as being impacted by the rules, including patients or a representative of an organization advocating on behalf of patients.(g) The Department of Public Health shall develop and disseminate educational information about the health risks associated with the abuse of cannabis and prescription medications.

(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.) (410 ILCS 130/170)Sec. 170. Enforcement of this Act.(a) If a Department fails to adopt rules to implement this Act within the times provided for in this Act, any citizen may commence a mandamus action in the Circuit Court to compel the Departments to perform the actions mandated under the provisions of this Act.(b) If the Department of Public Health, Department of Agriculture, or Department of Financial and Professional Regulation fails to issue a valid identification card in response to a valid application or renewal submitted under this Act or fails to issue a verbal or written notice of denial of the application within 30 days of its submission, the identification card is deemed granted, and a copy of the registry identification application, including a valid written certification in the case of patients, or renewal shall be deemed a valid registry identification card.(c) Authorized employees of State or local law enforcement agencies shall immediately notify the Department of Public Health when any person in possession of a registry identification card has been determined by a court of law to have willfully violated the provisions of this Act or has pled guilty to the offense.

(Source: P.A. 98-122, eff. 1-1-14.) (410 ILCS 130/173)Sec. 173. Conflicts of law. To the extent that any provision of this Act conflicts with any Act that allows the recreational use of cannabis, the provisions of that Act shall control.
(Source: P.A. 101-363, eff. 8-9-19.) (410 ILCS 130/175)Sec. 175. Administrative hearings.(a) Administrative hearings involving the Department of Public Health, a qualifying patient, or a designated caregiver shall be conducted under the Department of Public Health's rules governing administrative hearings.(b) Administrative hearings involving the Department of Financial and Professional Regulation, dispensing organizations, or dispensing organization agents shall be conducted under the Department of Financial and Professional Regulation's rules governing administrative hearings.(c) Administrative hearings involving the Department of Agriculture, registered cultivation centers, or cultivation center agents shall be conducted under the Department of Agriculture's rules governing administrative hearings.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.) (410 ILCS 130/180)Sec. 180. Destruction of medical cannabis.(a) All cannabis byproduct, scrap, and harvested cannabis not intended for distribution to a medical cannabis organization must be destroyed and disposed of pursuant to State law.  Documentation of destruction and disposal shall be retained at the cultivation center for a period of not less than 5 years.(b) A cultivation center shall prior to the destruction, notify the Department of Agriculture and the Illinois State Police.(c) The cultivation center shall keep record of the date of destruction and how much was
destroyed.(d) A dispensary organization shall destroy all cannabis, including cannabis-infused products, that are not sold to registered qualifying patients.  Documentation of destruction and disposal shall be retained at the dispensary organization for a period of not less than 5 years.(e) A dispensary organization shall prior to the destruction, notify the Department of Financial and Professional Regulation and the Illinois State Police.

(Source: P.A. 102-538, eff. 8-20-21.) (410 ILCS 130/185)Sec. 185. Suspension revocation of a registration.(a) The Department of Agriculture, the Department of Financial and Professional Regulation, and the Department of Public Health may suspend or revoke a registration for violations of this Act and rules issued in accordance with this Section.(b) The suspension or revocation of a registration is a final Department action, subject to judicial review.  Jurisdiction and venue for judicial review are vested in the Circuit Court.

(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.) (410 ILCS 130/190)Sec. 190. Medical Cannabis Cultivation Privilege Tax Law.  Sections 190 through 215 may be cited as the Medical Cannabis Cultivation Privilege Tax Law.
(Source: P.A. 98-122, eff. 1-1-14.) (410 ILCS 130/195)Sec. 195. Definitions. For the purposes of this Law:"Cultivation center"  has the meaning ascribed to that term in the Compassionate Use of Medical Cannabis Program Act."Department" means the Department of Revenue."Dispensing organization" has the meaning ascribed to that term in the Compassionate Use of Medical Cannabis Program Act."Person" means an individual, partnership, corporation, or public or private organization."Qualifying patient" means a qualifying patient registered under the Compassionate Use of Medical Cannabis Program Act.
(Source: P.A. 101-363, eff. 8-9-19.) (410 ILCS 130/200)Sec. 200. Tax imposed.(a)  Beginning on the effective date of this Act, a tax is imposed upon the privilege of cultivating medical cannabis at a rate of 7% of the sales price per ounce.  The proceeds from this  tax shall be deposited into the Compassionate Use of Medical Cannabis Fund created under the  Compassionate Use of Medical Cannabis Program Act.  This tax shall be paid by a cultivation center and is not the responsibility of a dispensing organization or a qualifying patient.(b)  The tax imposed under this Act shall be in addition to all other occupation or privilege taxes imposed by the State of Illinois or by any municipal corporation or political subdivision thereof.
(Source: P.A. 101-363, eff. 8-9-19.) (410 ILCS 130/205)Sec. 205. Department enforcement.(a)  Every person subject to the tax under this Law shall apply to the Department (upon a form prescribed and furnished by the Department) for a certificate of registration under this Law. Application for a certificate of registration shall be made to the Department upon forms furnished by  the Department.  The certificate of registration which is issued by the Department to a retailer under the Retailers' Occupation Tax Act shall permit the taxpayer to engage in a business which is taxable under this Law without registering separately with the Department.(b)  The Department shall have full power to administer and enforce this Law, to collect all taxes and penalties due hereunder, to dispose of taxes and penalties so collected in the manner hereinafter provided, and to determine all rights to credit memoranda, arising on account of the erroneous payment of tax or penalty hereunder. In the administration of, and compliance with, this Law, the Department and persons who are subject to this Law shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1, 1a, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 2a, 2b, 2c, 3 (except provisions relating to transaction returns and quarter monthly payments, and except for provisions that are inconsistent with this Law), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12 and 13 of the Retailers' Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act as fully as if those provisions were set forth herein.
(Source: P.A. 98-122, eff. 1-1-14.) (410 ILCS 130/210)Sec. 210. Returns.(a) This subsection (a) applies to returns due on or before the effective date of this amendatory Act of the 101st General Assembly. On or before the twentieth day of each calendar month, every person subject to the tax imposed under this Law during the preceding calendar month shall file a return with the Department, stating:(1)  The name of the taxpayer;(2)  The number of ounces of medical cannabis sold to     a dispensing organization or a registered qualifying patient during the preceding calendar month;(3)  The amount of tax due;(4)  The signature of the taxpayer; and(5) Such other reasonable information as the      Department may require.If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed.The taxpayer shall remit the amount of the tax due to the Department at the time the taxpayer files his or her return.(b) Beginning on the effective date of this amendatory Act of the 101st General Assembly, Section 65-20 of the Cannabis Regulation and Tax Act shall apply to returns filed and taxes paid under this Act to the same extent as if those provisions were set forth in full in this Section. (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 130/215)Sec. 215. Rules. The Department may adopt rules related to the enforcement of this Law.
(Source: P.A. 98-122, eff. 1-1-14.) (410 ILCS 130/220)Sec. 220. (Repealed).
	 
	 (Source: P.A. 99-519, eff. 6-30-16. Repealed by P.A. 101-363, eff. 8-9-19.) (410 ILCS 130/900)Sec. 900. (Amendatory provisions; text omitted).
(Source: P.A. 98-122, eff. 1-1-14; text omitted.) (410 ILCS 130/905)Sec. 905. (Amendatory provisions; text omitted).
(Source: P.A. 98-122, eff. 1-1-14; text omitted.) (410 ILCS 130/910)Sec. 910. (Amendatory provisions; text omitted).
(Source: P.A. 98-122, eff. 1-1-14; text omitted.) (410 ILCS 130/915)Sec. 915. (Amendatory provisions; text omitted).
(Source: P.A. 98-122, eff. 1-1-14; text omitted.) (410 ILCS 130/920)Sec. 920. (Amendatory provisions; text omitted).
(Source: P.A. 98-122, eff. 1-1-14; text omitted.) (410 ILCS 130/925)Sec. 925. (Amendatory provisions; text omitted).
(Source: P.A. 98-122, eff. 1-1-14; text omitted.) (410 ILCS 130/930)Sec. 930. (Amendatory provisions; text omitted).
(Source: P.A. 98-122, eff. 1-1-14; text omitted.) (410 ILCS 130/935)Sec. 935. (Amendatory provisions; text omitted).
(Source: P.A. 98-122, eff. 1-1-14; text omitted.) (410 ILCS 130/997)Sec. 997. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 98-122, eff. 1-1-14.) (410 ILCS 130/999)Sec. 999. Effective date. This Act takes effect on January 1, 2014.
(Source: P.A. 98-122, eff. 1-1-14.)
(410 ILCS 135/1)Sec. 1. Short title. This Act may be cited as the Public Self-Care of Diabetes Act.
(Source: P.A. 98-844, eff. 8-1-14.) (410 ILCS 135/5)Sec. 5. Purpose. The General Assembly finds that insulin injection is necessary for diabetics and their continued health and longevity.  The General Assembly finds that forcing diabetics to administer their personal insulin injections out of public view is unnecessarily restrictive.
(Source: P.A. 98-844, eff. 8-1-14.) (410 ILCS 135/10)Sec. 10. Public self-care of diabetes location. A person with diabetes, or parent or legal guardian of a person with diabetes, may self-administer insulin or administer insulin for his or her child in any location, public or private, where the person, or the person's parent or legal guardian, is authorized to be, irrespective of whether the injection site is uncovered during or incidental to the administration of insulin.
(Source: P.A. 98-844, eff. 8-1-14.) (410 ILCS 135/15)Sec. 15. Illegal drugs.   Nothing in this Act shall be construed to authorize the use of any illegal drug.
(Source: P.A. 98-844, eff. 8-1-14.) (410 ILCS 135/99)Sec. 99. Effective date. This Act takes effect upon becoming law. 
(Source: P.A. 98-844, eff. 8-1-14.)
(410 ILCS 140/1)Sec. 1. Short title. This Act may be cited as the Lactation Accommodation in
Airports Act.
(Source: P.A. 99-228, eff. 1-1-16.) (410 ILCS 140/5)Sec. 5. Private place for nursing mothers.(a) On or before January 1, 2017, the airport manager of an airport operated by a city, county, city and county, or airport district that conducts commercial operations and that has more than 1,000,000 enplanements a year shall provide a room or other location at each airport terminal behind the airport security screening area for members of the public to express breast milk in private that:(1) includes, at a minimum, a chair and an electrical     outlet; and(2) is located outside of the confines of a public     restroom.(b) An airport that conducts commercial operations with fewer than 1,000,000 enplanements a year shall comply with subsections (a) and (c) of this Section upon new terminal construction or the replacement, expansion, or renovation of an existing terminal.(c) Upon construction of a new terminal or the replacement, expansion, or renovation of an existing terminal, an airport shall provide a sink in any room or other location designated to comply with this Section.(d) As used in this Section, "renovation of an existing terminal" means the repurposing of more than 25% of the space in the terminal.
(Source: P.A. 99-228, eff. 1-1-16.) (410 ILCS 140/90)Sec. 90. (Amendatory provisions; text omitted).
(Source: P.A. 99-228, eff. 1-1-16; text omitted.)
(410 ILCS 145/1)Sec. 1. Short title. This Act may be cited as the Youth Sports Concussion Safety Act.
(Source: P.A. 99-245, eff. 8-3-15.) (410 ILCS 145/5)Sec. 5. Definitions.   In this Section:"Coach" means any volunteer or employee of a youth sports league who is responsible for organizing and supervising players and teaching them or training them in  the fundamental skills of extracurricular athletic activities provided by the youth sports league. "Coach" refers to both head coaches and assistant coaches."Concussion" means a complex pathophysiological process affecting the brain caused by a traumatic physical force or impact to the head or body, which may include temporary or prolonged altered brain function resulting in physical, cognitive, or emotional symptoms or altered sleep patterns and which may or may not involve a loss of consciousness."Game official" means a person who officiates at a sponsored youth sports activity, such as a referee or umpire, including, but not limited to, persons enrolled as game officials by the Illinois High School Association, the Illinois Elementary School Association, or a youth sports league."Player" means an adolescent or child participating in any sponsored youth sports activity of a youth sports league."Sponsored youth sports activity" means any athletic activity, including practice or competition, for players under the direction of a coach, athletic director, or band leader of a youth sports league, including, but not limited to, baseball, basketball, cheerleading, cross country track, fencing, field hockey, football, golf, gymnastics, ice hockey, lacrosse, marching band, rugby, soccer, skating, softball, swimming and diving, tennis, track (indoor and outdoor), ultimate Frisbee, volleyball, water polo, wrestling, and any other sport offered by a youth sports league.  A sponsored youth sports activity does not include an interscholastic athletic activity as that term is defined in Section 22-80 of the School Code."Youth sports league" means any incorporated or unincorporated, for-profit or not-for-profit entity that organizes and provides sponsored youth sports activities, including, but not limited to, any athletic association, organization, or federation in this State that is owned, operated, sanctioned, or sponsored by a unit of local government or that is owned, operated, sanctioned, or sponsored by a private person or entity, as well as any amateur athletic organization or qualified amateur sports organization in this State under the U.S. Internal Revenue Code (26 U.S.C. Sec. 501(c)(3) or Sec. 501(j)).

(Source: P.A. 99-245, eff. 8-3-15.) (410 ILCS 145/10)Sec. 10. Scope of Act.  This Act applies to any sponsored youth sports activity sponsored or sanctioned by a youth sports league.  This Act does not apply to an interscholastic athletic activity as that term is defined in Section 22-80 of the School Code.  This Act applies to sponsored youth sports activities beginning or continuing after January 1, 2016.
(Source: P.A. 99-245, eff. 8-3-15.) (410 ILCS 145/15)Sec. 15. Concussion and head injury educational materials. Each youth sports league with players who participate in any youth-sponsored sports activity sponsored or sanctioned by the youth sports league is encouraged to make available, electronically or in writing, to coaches, game officials, and players, as well as the parents, guardians, and other persons with legal authority to make medical decisions, educational materials that describe the nature and risk of concussions and head injuries, including the advisability of removal of players that exhibit signs, symptoms, or behaviors consistent with a concussion, such as a loss of consciousness, a headache, dizziness, confusion, or balance problems, from participating in a youth-sponsored sports activity sponsored or sanctioned by the youth sports league.These educational materials may include materials produced or distributed by the Illinois High School Association, those produced by the U.S. Centers for Disease Control and Prevention, or other comparable materials.  The intent of these materials is to assist in educating coaches, game officials, and  players and parents, guardians, and other persons with legal authority to make medical decisions for players about the nature and risks of head injuries.

(Source: P.A. 99-245, eff. 8-3-15.) (410 ILCS 145/75)Sec. 75. (Amendatory provisions; text omitted).
(Source: P.A. 99-245, eff. 8-3-15; text omitted.) (410 ILCS 145/80)Sec. 80. (Amendatory provisions; text omitted).
(Source: P.A. 99-245, eff. 8-3-15; text omitted.) (410 ILCS 145/85)Sec. 85. The School Code is amended by repealing Sections 10-20.54 and 34-18.46.
(Source: P.A. 99-245, eff. 8-3-15.) (410 ILCS 145/99)Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 99-245, eff. 8-3-15.)
(410 ILCS 15/1) (from Ch. 96 1/2, par. 3951)Sec. 1. 
		
		This Act shall be known and may be cited as the "Coal Mine Medical
Emergencies Act".
		(Source: P.A. 80-294.) (410 ILCS 15/2) (from Ch. 96 1/2, par. 3952)Sec. 2.  As used in this Act, unless the context clearly otherwise requires:(a) "Emergency medical technician" means a person who has successfully
completed the course on emergency first-aid care and transportation of the
sick and injured recommended by the American Academy of Orthopedic Surgeons,
or the equivalent thereof, and has been licensed by the Department of Public
Health to provide emergency care.(b) "Mine" means any surface coal mine or underground coal mine, as defined
in Section 1.03 of the Coal Mining Act.
(Source: P.A. 100-201, eff. 8-18-17.) (410 ILCS 15/3) (from Ch. 96 1/2, par. 3953)Sec. 3. 
		
		(a) Within 2 years from the effective date of this Act, a person
or persons trained and certified as emergency medical technicians shall
be made available at all mines by the operator thereof as follows:(1) At least one person trained and certified as an     emergency medical technician shall be on duty at a mine at any time 30 or more persons are working at the mine.  Such person or persons may be assigned to their regular mining duties and shall have available to them at the mine at all times the necessary equipment to be in compliance with applicable federal regulations.(2) Telephone service or equivalent facilities shall     be available which will provide 2-way voice communication from the emergency medical technician in the mine to medical personnel outside the mine who provide emergency medical services on a regular basis.(b) Notwithstanding any other provision of this Act, a person or persons
trained and certified as an emergency medical technician shall be employed
in all surface coal mines as follows:(1) If a mine has employees working at different     locations within a radius of not more than 15 miles or a lesser number of miles as may be determined by the Department of Natural Resources and said locations are connected by telephone service or equivalent facilities, a person trained and certified as an emergency medical technician or the equivalent at any location on the shift shall be deemed to be compliance with the provisions of this Act.(2) If fewer than 20 persons are employed on a shift,     an ambulance service with 1 member certified as an emergency medical technician or the equivalent, not necessarily coal mine employees, located within a radius of 15 miles, or such other distance as may be approved by the Department of Natural Resources upon request for and approval of a variance thereto, shall be deemed to be in compliance with the provisions of this Act.A shift shall include all persons working at the different locations of a
mine.
		(Source: P.A. 89-445, eff. 2-7-96.) (410 ILCS 15/4) (from Ch. 96 1/2, par. 3954)Sec. 4. 
		
		The Department of Public Health shall make rules and regulations
as may be necessary to train and certify emergency medical technicians.
		(Source: P.A. 80-294.) (410 ILCS 15/5) (from Ch. 96 1/2, par. 3955)Sec. 5. 
		
		Each coal mine operator shall provide every new employee with
the opportunity for 8 hours of first-aid training as prescribed by the
Department of Natural Resources within 6 months of
the date of his employment.  Each coal mine employee shall be provided with an
opportunity for refresher first-aid training of not less than 4 hours within
each 24 months of employment.
The employee shall be paid regular wages, or overtime pay if applicable,
for all periods of first-aid training.
		(Source: P.A. 89-445, eff. 2-7-96.) (410 ILCS 15/6) (from Ch. 96 1/2, par. 3956)Sec. 6. 
		
		The Department of Natural Resources, after
consultation with
the Department of Public Health regarding the content of instruction
courses, shall provide for necessary training on a continuing basis of
emergency medical technicians in sufficient numbers to satisfy the
requirements of this Act and shall propose rules and regulations to
implement the operational provisions of this Act to the Mining Board.
		(Source: P.A. 89-445, eff. 2-7-96.) (410 ILCS 15/7) (from Ch. 96 1/2, par. 3957)Sec. 7. 
		
		The Department of Public Health shall prescribe procedures for
the certification of emergency medical technicians and shall consult with
the Department of Natural Resources as may be
required hereunder.
		(Source: P.A. 89-445, eff. 2-7-96.) (410 ILCS 15/8) (from Ch. 96 1/2, par. 3958)Sec. 8. 
		
		(a) No physician, who in good faith gives instructions to
a certified emergency medical technician or certified mobile intensive
care personnel, a registered nurse, or a physician's assistant shall be
liable for any civil damages as a result of issuing the instructions,
unless guilty of gross or willful negligence.(b) No certified emergency medical technician or certified mobile
intensive care personnel, registered nurse, or physician's assistant who
in good faith attempts to render emergency care to any sick or injured
person in or about a coal mine, or his employer, shall be liable for
civil damages as a result of any acts or omissions, unless guilty of
gross or willful negligence.  This section shall not affect any
employer's liability under the Workers' Compensation Act.
		(Source: P.A. 81-992.) (410 ILCS 15/9) (from Ch. 96 1/2, par. 3959)Sec. 9. 
		
		The Department of Natural Resources
may determine that a coal
mine operator is presently providing emergency medical care for its employees
which is equivalent to or superior to the emergency medical care provided
for under this Act; and, in that event, it shall make a finding that such
operator is in compliance with this Act.
		(Source: P.A. 89-445, eff. 2-7-96.) (410 ILCS 15/10) (from Ch. 96 1/2, par. 3960)Sec. 10. 
		
		The Mining Board shall make rules and regulations, after
consideration of those proposed by the Department of Natural Resources, to
implement the operational provisions of this Act.
		(Source: P.A. 89-445, eff. 2-7-96.)
(410 ILCS 150/1)(Section scheduled to be repealed on January 1, 2027)Sec. 1. Short title. This Act may be cited as the Autism and Co-Occurring Medical Conditions Awareness Act.
(Source: P.A. 99-788, eff. 8-12-16.) (410 ILCS 150/5)(Section scheduled to be repealed on January 1, 2027)Sec. 5. Findings. The General Assembly finds the following:(1) The medical consensus is that autism is an     idiopathic disorder that has complex and multiple etiologies. The development of autism appears to be a complex interaction of multiple genetic and environmental factors. Both the prevalence and incidence of autism has risen in recent decades.(2) The   Centers for Disease Control estimates that     one   in 68 children born in 2002 and one in 42 boys   have been identified as living with autism.(3) A 2012 survey conducted by the Centers for       Disease Control of U.S. households estimated   one in 50 children ages 6 to 17 has an autism    spectrum disorder.(4) Autism spectrum disorders occur among   all     racial, ethnic, and socioeconomic groups.(5) Autism spectrum disorders are almost 5 times more     common among     boys than among girls.(6) According to the Centers for Disease Control,          autism rates increased 78% between 2002 and   2008. The most recent estimate is roughly 30%   higher than the estimate for 2008 (one in 88),   60% higher than the estimate for 2006 (one in   110), and 120% higher than the estimates for   2000 and 2002 (one in 150).(7) While autism spectrum disorders have primarily     been diagnosed in measuring deficits in the areas of communication, socialization, and behavior, recent clinical and scientific investigations have determined that co-occurring pathophysiological conditions may occur more commonly in persons also diagnosed with autism. These pathologies include, but are not limited to, allergies, autoimmune conditions, gastrointestinal diseases, immune dysregulation, metabolic disturbances, mitochondrial abnormalities, oxidative stress, neuroinflammation, and seizure disorders.(8) Scientific inquiry is providing evidence of     biological markers, including, but not limited to, single nucleotide polymorphisms, indications of cellular inflammation, increased cellular oxidation and damage, and abnormal DNA methylation, that may be clinically significant in the provision of appropriate medical care for persons also diagnosed with an autism spectrum disorder.Therefore, it is the intention of the General Assembly to promote a greater awareness and the detection, diagnosis, and treatment of underlying and co-occurring medical conditions that occur more commonly in persons with autism to further awareness, scientific understanding, and health outcomes for persons living with autism.
(Source: P.A. 99-788, eff. 8-12-16.) (410 ILCS 150/10)(Section scheduled to be repealed on January 1, 2027)Sec. 10. Definitions. In this Act:"Autism spectrum disorder" means a neurobiological disorder, including autism, regressive autism, Asperger Syndrome, and pervasive developmental disorders not otherwise specified."Clinical symptomatology" means any indication of disorder or disease when experienced by an individual as a change from normal function, sensation, or appearance."Co-occurring or otherwise diagnosed medical condition" means a simultaneous illness, condition, injury, disease, pathology, or disability that is not primarily diagnosed as an autism spectrum disorder."Department" means the Department of Financial and Professional Regulation."Pathophysiological" means the functional alterations in the body related to a disease or syndrome."Provider" means any provider of healthcare services in this State.
(Source: P.A. 99-788, eff. 8-12-16.) (410 ILCS 150/15)(Section scheduled to be repealed on January 1, 2027)Sec. 15. Study and education. Public partnerships and private partnerships supporting the discovery of biomarkers and their implications in pathophysiological conditions shall be encouraged and information derived from such discoveries shall be disseminated to providers and made available to the general public through research initiatives that may be promoted by universities, medical clinics, health care providers, consortiums, State agencies, private organizations, public organizations, and any party that may contribute to the scientific understanding of medical conditions associated or occurring more often in persons also diagnosed with an autism spectrum disorder than in the general population.Universities, private organizations, public organizations, and associations are encouraged to develop  for providers who treat persons with autism spectrum disorders continuing education courses which address training in evaluation, diagnosis, and treatments for co-occurring and otherwise diagnosed pathophysiological conditions in autism spectrum disorders to promote and align standard of care practices to reflect emerging clinical findings and promising practices derived from improved patient outcomes.
(Source: P.A. 99-788, eff. 8-12-16.) (410 ILCS 150/20)(Section scheduled to be repealed on January 1, 2027)Sec. 20. Treatment or service of persons with an autism spectrum disorder. Providers are strongly encouraged to evaluate persons diagnosed with an autism spectrum disorder for co-occurring or otherwise diagnosed medical conditions when clinical symptomatology is present or suspected and prescribe appropriate treatments or services in alignment with care practices for the condition, illness, injury, disease, or disability.  Providers may consider, without limitation, whether or not a medication or any ingredient, allergen, potential toxicant, or artificial agent may exacerbate clinical symptomatology of autism spectrum disorder or a related or co-occurring or otherwise diagnosed medical condition and, if so, may consider adopting measures that would result in the reduction or elimination of risk to the patient.
(Source: P.A. 99-788, eff. 8-12-16.) (410 ILCS 150/25)(Section scheduled to be repealed on January 1, 2027)Sec. 25. Complaints. Any person with an autism spectrum disorder, or the person's parent or legal guardian on his or her behalf, who believes they have not received an appropriate  medical assessment, evaluation, diagnosis, service or treatment from a provider because he or she is also diagnosed with an autism spectrum disorder may report the incident to the Department.
(Source: P.A. 99-788, eff. 8-12-16.) (410 ILCS 150/30)(Section scheduled to be repealed on January 1, 2027)Sec. 30. Right to seek new care. A person with an autism spectrum disorder, or the person's parent or legal guardian on his or her behalf, retains the right to seek further medical opinions or care from other providers.A parent or legal guardian shall not be threatened with loss of parental or legal guardianship rights for a person with autism spectrum disorder for pursuing additional medical expertise, especially in the case of trying to ascertain appropriate identification and diagnosis of underlying or co-occurring medical conditions that may or may not be exacerbating symptoms primarily associated with an autism spectrum disorder.  This Section does not abrogate or restrict any responsibilities set forth under the Abused and Neglected Child Reporting Act.Any person diagnosed as having an autism spectrum disorder or his or her parent or legal guardian shall not be denied the right to pursue appropriate and available medical interventions or treatments that may help to ameliorate or improve the symptoms primarily associated with an autism spectrum disorder or co-occurring or otherwise diagnosed medical condition.Any person diagnosed as having an autism spectrum disorder or his or her parent or legal guardian shall not be denied the right to decline a medical treatment or intervention.
(Source: P.A. 99-788, eff. 8-12-16.) (410 ILCS 150/35)(Section scheduled to be repealed on January 1, 2027)Sec. 35. Repeal. In order to consider the most innovative medical study and research involving autism and co-occurring medical conditions, this Act is repealed on January 1, 2027.
(Source: P.A. 102-305, eff. 8-6-21.) (410 ILCS 150/90)Sec. 90. (Amendatory provisions; text omitted).
(Source: P.A. 99-788, eff. 8-12-16; text omitted.) (410 ILCS 150/99)(Section scheduled to be repealed on January 1, 2027)Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 99-788, eff. 8-12-16.)
(410 ILCS 155/1)Sec. 1. Short title. This Act may be cited as the Health in All Policies Act.

(Source: P.A. 101-250, eff. 1-1-20.) (410 ILCS 155/5)Sec. 5. Definition.  In this Act, "health in all policies framework" means a public health framework through which policymakers and stakeholders in the public and private sectors use a collaborative approach to improve health outcomes and reduce health inequities in the State by incorporating health considerations into decision-making across sectors and policy areas. 
(Source: P.A. 101-250, eff. 1-1-20.) (410 ILCS 155/10)Sec. 10. Workgroup.(a)  The University of Illinois at Chicago School of Public Health, in consultation with the Department of Public Health, shall convene a workgroup to review legislation and make new policy recommendations relating to the health of residents of the State.(b) The workgroup shall examine the following:(1) The health of residents of the State, to the     extent necessary to carry out the  requirements of this Act.(2) Ways for units of local government and State     agencies to collaborate in implementing policies that  will positively impact the health of residents of the State.(3) The impact of the following on the health of     residents of the State:(A) Access to safe and affordable housing.(B) Educational attainment.(C) Opportunities for employment.(D) Economic stability.(E) Inclusion, diversity, and equity in the         workplace.(F) Barriers to career success and promotion in         the workplace.(G) Access to transportation and mobility.(H) Social justice.(I) Environmental factors.(J) Public safety, including the impact of crime,         citizen unrest, the criminal justice   system, and governmental policies that affect individuals who are in prison or    released from prison.(c) The workgroup, using a health in all policies framework, shall perform the following:(1) Review and make recommendations regarding how     health considerations may be  incorporated into the decision-making processes of government agencies and private  stakeholders who interact with government agencies.(2) Foster collaboration among units of local     government and State agencies.(3) Develop laws and  policies to improve health and     reduce health inequities.(4) Make recommendations regarding how to implement     laws and policies to improve health and reduce health  inequities.(d) The workgroup shall consist of the following members:(1) The Secretary of Human Services, or the     Secretary's    designee.(2) The Secretary of Transportation, or the     Secretary's designee.(3) The Director of the Illinois Environmental     Protection Agency, or the Director's  designee.(4) The Director of Agriculture, or the Director's     designee.(5) The Director of Labor, or the Director's     designee.(6) The Director of Public Health, or the Director's     designee.(7) One representative of a statewide public health     association.(8) One administrator of a Federally Qualified Health     Center.(9) One administrator of a public health department     local to the University of Illinois at Chicago.(10) One representative of an association     representing hospitals and health systems.(11) The Director of Healthcare and Family Services,     or the Director's designee.(12) The State Superintendent of Education, or the     Superintendent's designee.(13) The Director of Corrections, or the Director's     designee.(14) The Chair of the Criminal Justice Information     Authority, or the Chair's designee.(15) The Director of Commerce and Economic     Opportunity, or the Director's designee.(16) The Director of Aging, or the Director's     designee.(17) One representative of the Office of the Governor     appointed by the Governor.(18) One representative of a local health department     located in a county with a population of less than 3,000,000.(19) One representative of a statewide public health     institute representing multisector public health system stakeholders.(20) Two representatives of organizations that     represent minority populations in public health.(21) One representative of a statewide organization     representing physicians licensed to practice medicine in all its branches.(e) To the extent practicable, the members of the workgroup shall reflect the    geographic, racial, ethnic, cultural, and gender diversity of the State.(f) Workgroup members shall serve without compensation.(g) A State agency or entity shall, in a timely manner, provide information in response to requests for information submitted by the workgroup, except where that information is otherwise prohibited from disclosure or dissemination by federal or State law, rules or regulations implementing federal or State law, or a court order.(h) The Department of Public Health shall provide administrative and other support to the workgroup.(i) The workgroup shall meet at least twice a year and at other times as it deems appropriate. The workgroup shall prepare a report that summarizes its work and makes recommendations resulting from its study. On an annual basis, the University of Illinois at Chicago School of Public Health, in consultation with the Department of Public Health and members of the workgroup, shall determine a focus area for the report. Focus areas may include, but are not limited to, the areas designated in subsection (b) of Section 10. The workgroup shall submit the report of its findings and recommendations to the General Assembly by December 31, 2022 and by December 31 of each year thereafter. The annual report and recommendations shall be shared with the Department of Public Health and the State Board of Health and shall be considered in the development of the State Health Improvement Plan every 5 years.
(Source: P.A. 101-250, eff. 1-1-20; 102-1071, eff. 6-10-22.) (410 ILCS 155/99)Sec. 99. Effective date. This Act takes effect January 1, 2020.
(Source: P.A. 101-250, eff. 1-1-20.)
(410 ILCS 160/1)Sec. 1. Short title; references to Act.(a) Short title. This Act may be cited as the Dense Breast Tissue Act.(b) References to Act. This Act may be referred to as the Patti Beyer Act of Illinois.
(Source: P.A. 101-555, eff. 1-1-20.) (410 ILCS 160/5)Sec. 5. Applicability.  This Act applies to a facility that provides mammography services in the State of Illinois.
(Source: P.A. 101-555, eff. 1-1-20.) (410 ILCS 160/10)Sec. 10. Breast cancer; duty of providers of mammography services to notify and inform.(a) As used in this Section, "dense breast tissue" means heterogeneously dense or extremely dense tissue as defined in nationally recognized guidelines or systems for breast imaging reporting of mammography screening, including, but not limited to, the Breast Imaging Reporting and Data System of the American College of Radiology, and any equivalent new terms, as such guidelines or systems are updated.(b) If a patient's mammogram demonstrates dense breast tissue, the provider of mammography services shall provide in a summary of the mammography report sent to the patient in accordance with the federal Mammography Quality Standards Act a notice substantially similar to the following:"Your mammogram indicates you have dense breast     tissue. Dense breast tissue is normal and identified on mammograms in about 50% of women. Dense breast tissue can make it more difficult to detect cancer on a mammogram and may be associated with an increased risk for breast cancer. Despite these limitations, screening mammograms have been proven to save lives. Continue to have routine screening mammography whether or not additional exams are suggested for you. This information is provided to raise your awareness of the impact of breast density on cancer detection. For further information about dense breast tissue, as well as other breast cancer risk factors, contact your breast imaging health care provider.".(c) A facility that performs mammography may update the language in the notice under subsection (b) to reflect advances in science and technology as long as it continues to notify patients about dense breast tissue and its effect on the accuracy of mammograms and encourages patients to discuss the issue with their health care provider.(d) This Section does not create a duty of care or other legal obligation beyond the duty to provide notice as set forth in this Section.
(Source: P.A. 101-555, eff. 1-1-20.) (410 ILCS 160/90)Sec. 90. The Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois is amended by repealing Section 2310-697.
(Source: P.A. 101-555, eff. 1-1-20.)
(410 ILCS 170/1)Sec. 1. Short title. This Act may be cited as the Coal Tar Sealant Disclosure Act.
(Source: P.A. 102-242, eff. 1-1-23.) (410 ILCS 170/5)Sec. 5. Definitions. In this Act:"Coal tar-based sealant or high polycyclic aromatic hydrocarbon sealant product" means a pavement sealant material containing coal tar or a high polycyclic aromatic hydrocarbon content greater than 0.1% by weight."Department" means the Department of Public Health."Safety data sheet" means a document describing the properties and methods of the handling and use of a substance, compound, or mixture and containing the following information with respect to the substance, compound, or mixture:(1) The chemical name, common name, trade name, and     the identity used on the label.(2) Physical and chemical characteristics, including,     but not limited to, vapor pressure and flash point.(3) Physical hazards, including the potential for     fire, explosion, or reactivity.(4) Known acute and chronic health effects of     exposure, including, but not limited to, signs and symptoms of exposure, based on substantial scientific evidence.(5) The known primary route of exposure.(6) The permissible exposure limit for those toxic     substances for which the federal Occupational Safety and Health Administration has adopted a permissible exposure limit.(7) Precautions for safe handling and use.(8) Recommended engineering controls.(9) Recommended work practices.(10) Recommended personal protective equipment.(11) Procedures for emergencies, first aid, and     cleanup of leaks and spills.(12) The date of preparation of the safety data sheet     and any changes to it.(13) The name, address, and telephone number of the     employer, manufacturer, importer, or supplier who prepares the safety data sheet. (Source: P.A. 102-242, eff. 1-1-23.) (410 ILCS 170/10)Sec. 10. Coal tar sealant disclosure; public schools.(a) A public school, public school district, or day care shall provide written or telephonic notification to parents and guardians of students and employees prior to any application of a coal-tar based sealant product or a high polycyclic aromatic hydrocarbon sealant product. The written notification:(1) may be included in newsletters, bulletins,     calendars, or other correspondence currently published by the school district or day care center;(2) must be given at least 10 business days before     the application and should identify the intended date and location of the application of the coal-tar based sealant product or high polycyclic aromatic hydrocarbon sealant;(3) must include the name and telephone contact     number for the school or day care center personnel responsible for the application; and(4) must include any health hazards associated with     coal tar-based sealant product or high polycyclic aromatic hydrocarbon sealant product, as provided by a corresponding safety data sheet.(b) Notwithstanding any provision of this Act or any other law to the contrary, a public school or public school district that bids a pavement engineering project using a coal tar-based sealant product or high polycyclic aromatic hydrocarbon sealant product for pavement engineering-related use shall request a bid with an alternative for asphalt-based or latex-based sealant product as a part of the engineering project. The public school or public school district shall consider whether asphalt-based or latex-based sealant product should be used for the project based upon costs and life cycle costs that regard preserving pavements, product warranties, and the benefits to public health and safety.(c) The Department, in consultation with the State Board of Education, shall conduct outreach to public schools and public school districts to provide guidance for compliance with the provisions of this Act.(d) On or before May 1, 2023, the Department and the State Board of Education shall post on their websites guidance on screening for coal tar-based sealant product or high polycyclic aromatic hydrocarbon sealant product, requirements for a request for proposals, and requirements for disclosure.
(Source: P.A. 102-242, eff. 1-1-23.) (410 ILCS 170/15)Sec. 15. Coal tar sealant disclosure; State property.(a) Notwithstanding any provision of this Act or any other law to the contrary, a State agency that undertakes a pavement engineering project requiring the use of a coal tar-based sealant or high polycyclic aromatic hydrocarbon sealant product for pavement engineering-related use shall request a base bid with an alternative for asphalt-based or latex-based sealant product as a part of the project. The State agency shall consider whether asphalt-based or latex-based sealant product should be used for the project based upon the costs involved and shall incorporate asphalt-based or latex-based sealant product into a pavement engineering project if the cost of using asphalt-based or latex-based sealant product is equal to or less than the coal tar-based sealant or high polycyclic aromatic hydrocarbon sealant product.(b) On or before May 1, 2023, the Department shall adopt rules for the procedures and standards to be used in assessing acceptable levels of high polycyclic aromatic hydrocarbon content of a pavement seal applied to any State agency property. The rules shall, at a minimum, include provisions regarding testing parameters and the notification of screening results.(c) This Section does not apply to a pavement engineering project requiring the use of a coal tar-based sealant or high polycyclic aromatic hydrocarbon sealant product for pavement engineering-related use on a highway structure conducted by or under the authority of the Department of Transportation.
(Source: P.A. 102-242, eff. 1-1-23.) (410 ILCS 170/20)Sec. 20. Exemptions. Nothing in this Act applies to a construction project or sale in which coal tar-based sealant or high polycyclic aromatic hydrocarbon sealant product is used for roofing application.
(Source: P.A. 102-242, eff. 1-1-23.) (410 ILCS 170/99)Sec. 99. Effective date. This Act takes effect January 1, 2023.
(Source: P.A. 102-242, eff. 1-1-23.)
(410 ILCS 175/1)Sec. 1. Short title. This Act may be cited as the Feminine Hygiene Products for the Homeless Act.
(Source: P.A. 102-249, eff. 1-1-22.) (410 ILCS 175/5)Sec. 5. Access to feminine hygiene products. Feminine hygiene products, including, but not limited to, sanitary napkins, tampons, and panty liners, shall be available free of charge at all homeless shelters that provide temporary housing assistance to women or youth. A homeless shelter's
obligation to satisfy the requirement of this Section is
subject to the availability of funds in the homeless shelter's
general budget. As used in this Act, "homeless shelter" means a supervised publicly or privately operated shelter designed to provide temporary living accommodations to individuals who lack a fixed, regular, and adequate residence.
(Source: P.A. 102-249, eff. 1-1-22.)
(410 ILCS 18/1)(Section scheduled to be repealed on January 1, 2024)Sec. 1. 
		Short title. 
		This Act may be cited as the Crematory Regulation Act.
		(Source: P.A. 87-1187.) (410 ILCS 18/5)(Section scheduled to be repealed on January 1, 2024)Sec. 5. Definitions. As used in this Act:"Address of record" means the designated address recorded by the Comptroller in the applicant's or licensee's application file or license file. It is the duty of the applicant or licensee to inform the Comptroller of any change of address within 14 days, and such changes must be made either through the Comptroller's website or by contacting the Comptroller. The address of record shall be the permanent street address of the crematory."Alternative container" means a receptacle, other than a casket, in
which human remains are transported to the crematory and placed in the
cremation chamber for cremation.  An alternative container shall be
(i) composed of readily combustible or consumable materials suitable for cremation, (ii) able
to be closed in order to provide a complete covering for the human remains,
(iii) resistant to leakage or spillage, (iv) rigid enough for handling with
ease, and (v) able to provide protection for the health, safety, and personal
integrity of crematory personnel."Authorizing agent" means a person legally entitled to order the cremation and final
disposition of specific human remains. "Authorizing agent" includes an institution of medical, mortuary, or other sciences as provided in Section 20 of the Disposition of Remains of the Indigent Act."Body parts" means limbs or other portions of the anatomy that are
removed from a person or human remains for medical purposes during treatment,
surgery, biopsy, autopsy, or medical research; or human bodies or any portion
of bodies that have been donated to science for medical research purposes."Burial transit permit" means a permit for disposition of a dead human
body as required by Illinois law."Casket" means a rigid container that is designed for the encasement of human
remains, is usually constructed of wood, metal, or like material and ornamented
and lined with fabric, and may or may not be combustible."Comptroller" means the Comptroller of the State of Illinois."Cremated remains" means all human remains recovered after the completion
of the cremation, which may possibly include the residue of any foreign matter
including casket material, bridgework, or eyeglasses, that  was cremated with
the human remains."Cremation" means the technical process, using heat and flame, or alkaline hydrolysis that
reduces human remains to bone fragments.  The reduction takes place through
heat and evaporation or through hydrolysis. Cremation shall include the processing, and  may include
the pulverization, of the bone fragments."Cremation chamber" means the enclosed space within which the  cremation
takes place."Cremation interment container" means a rigid outer container that,
subject to a cemetery's rules and regulations, is composed of concrete, steel,
fiberglass, or some similar material in which an urn is placed prior to being
interred in the ground, and which is designed to withstand prolonged exposure
to the elements and to support  the earth above the urn."Cremation room" means the room in which the cremation chamber is located."Crematory" means the building or portion of a building that houses the
cremation room and the holding facility."Crematory authority" means the legal entity which is licensed by
the Comptroller to
operate a crematory and to perform cremations."Final disposition" means the burial, cremation, or other disposition of
a dead human body or parts of a dead human body."Funeral director" means a person known by the title of "funeral
director", "funeral director and embalmer", or other similar words or
titles, licensed by the State to practice funeral directing or funeral
directing and embalming."Funeral establishment" means a building or separate portion of a building
having a specific street address and location and devoted to activities
relating to the shelter, care, custody, and preparation of a deceased human
body and may contain facilities for funeral or wake  services."Holding facility" means an area that (i) is designated for the retention of
human remains prior to cremation, (ii) complies with all applicable public
health law, (iii) preserves the  health and safety of the crematory authority
personnel, and (iv) is secure from access by anyone other than authorized
persons.  A holding facility may be located in a cremation room."Human remains" means the body of a deceased person, including
any form of body prosthesis that has been permanently attached or
implanted in the body."Licensee" means an entity licensed under this Act.  An entity that holds itself as a licensee or that is accused of unlicensed practice is considered a licensee for purposes of enforcement, investigation, hearings, and the Illinois Administrative Procedure Act."Niche" means a compartment or cubicle for the memorialization and permanent
placement of an urn containing cremated remains."Person" means any person, partnership, association, corporation, limited liability company, or other entity, and in the case of any such business organization, its officers, partners, members, or shareholders possessing 25% or more of ownership of the entity."Processing" means the reduction of identifiable bone fragments after the
completion of the cremation process to unidentifiable bone fragments by manual
or mechanical means."Pulverization" means the reduction of identifiable bone fragments after the
completion of the cremation process to granulated particles by  manual or
mechanical means."Scattering area" means an area which may be designated by a cemetery and
located on dedicated cemetery property or property used for outdoor recreation or natural resource conservation owned by the Department of Natural Resources and designated as a scattering area, where cremated remains, which have been
removed
from their container, can be mixed with, or placed on top of, the soil or
ground cover."Temporary container" means a receptacle for cremated
remains, usually composed of cardboard, plastic or similar material, that
can be closed in a manner that prevents the leakage or spillage of the
cremated remains or the entrance of foreign material, and is a single
container of sufficient size to hold the cremated remains until an urn is
acquired or the cremated remains are scattered."Urn" means a receptacle
designed to encase the  cremated remains.
(Source: P.A. 100-97, eff. 1-1-18; 100-526, eff. 6-1-18; 100-863, eff. 8-14-18.) (410 ILCS 18/7)(Section scheduled to be repealed on January 1, 2024)Sec. 7. Powers and duties of the Comptroller. Subject to the provisions of this Act, the Comptroller may exercise any of the following powers and duties:(1) Authorize standards to ascertain the     qualifications and fitness of applicants for licensing as licensed crematory authorities and pass upon the qualifications of applicants for licensure.(2) Examine and audit a licensed crematory     authority's records, crematory, or any other aspects of crematory operation as the Comptroller deems appropriate.(3) Investigate any and all unlicensed activity.(4) Conduct hearings on proceedings to refuse to     issue licenses or to revoke, suspend, place on probation, reprimand, or otherwise discipline licensees and to refuse to issue licenses or to revoke, suspend, place on probation, reprimand, or otherwise discipline licensees.(5) Formulate rules required for the administration     of this Act.(6) Maintain rosters of the names and addresses of     all licensees, and all entities whose licenses have been suspended, revoked, or otherwise disciplined. These rosters shall be available upon written request and payment of the required fee.(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) (410 ILCS 18/10)(Section scheduled to be repealed on January 1, 2024)Sec. 10. Establishment of crematory and licensing of
crematory authority.(a) Any person doing business in this State, or any cemetery,
funeral establishment, corporation, partnership, joint venture, voluntary
organization or any other entity, may erect, maintain, and operate a
crematory in this State and provide the necessary appliances and
facilities for the cremation of human remains in accordance with this Act.(b) A crematory shall be subject to all local, State, and federal health and
environmental protection requirements and shall obtain all necessary licenses
and permits from the Department of Financial and Professional Regulation, the Department of Public Health, the federal Department of Health and Human
Services, and the Illinois and federal Environmental Protection Agencies, or
such other appropriate local, State, or federal agencies.(c) A crematory may be constructed on or adjacent to any cemetery, on or
adjacent to any funeral establishment, or at any other location consistent with
local zoning regulations.(d) An application for licensure as a crematory
authority shall be in
writing on forms furnished by the Comptroller. Applications shall be
accompanied by a fee of $50 and shall contain all of the following:(1) The full name and address, both residence and     business, of the applicant if the applicant is an individual; the full name and address of every member if the applicant is a partnership; the full name and address of every member of the board of directors if the applicant is an association; and the name and address of every officer, director, and shareholder holding more than 25% of the corporate stock if the applicant is a corporation.(2) The address and location of the crematory.(3) A description of the type of structure and     equipment to be used in the operation of the crematory, including the operating permit number issued to the cremation device by the Illinois Environmental Protection Agency.(4) Any further information that the Comptroller      reasonably may require.(e) Each crematory authority shall file an annual report with the Comptroller, accompanied with a $25 fee, providing
(i) an affidavit signed by the owner of the crematory authority that at the
time
of the report the cremation device was in proper operating condition,
(ii) the total number of all cremations performed at the crematory
during the past
year, (iii) attestation by the licensee that all applicable permits and
certifications are
valid, (iv) either (A)
any changes required in the
information provided under subsection (d) or (B) an indication that no changes have
occurred, and (v) any other information that the Comptroller may require. The annual report shall be filed by a crematory authority on or
before March 15 of each calendar year. If the fiscal year of a crematory authority is other than on a calendar year basis, then the crematory authority shall file the report required by this Section within 75 days after the end of its fiscal year. If a crematory authority fails to
submit an annual report to the Comptroller within the time specified in
this Section, the Comptroller shall impose upon the crematory authority a
penalty of $5 for each and every day the crematory authority remains
delinquent in submitting the annual report.  The Comptroller may abate all or
part of the $5 daily penalty for good cause shown.(f) All records required to be maintained under this Act, including but
not limited to those relating to the license and annual
report of the
crematory authority required to be filed under this Section, shall be
subject to inspection by the Comptroller upon reasonable notice.(g) The Comptroller may inspect crematory records at the crematory
authority's place of business to review
the
licensee's compliance with this Act.  The inspection must include
verification that:(1) the crematory authority has complied with     record-keeping requirements of this Act;(2) a crematory device operator's certification of     training is conspicuously displayed at the crematory;(3) the cremation device has a current operating     permit issued by the Illinois Environmental Protection Agency and the permit is conspicuously displayed in the crematory;(4) the crematory authority is in compliance with     local zoning requirements;(5) the crematory authority license issued by the     Comptroller is conspicuously displayed at the crematory; and(6) other details as determined by rule.(h) The Comptroller shall issue licenses under this Act to the crematories
that are
registered
with
the Comptroller as of on March 1, 2012 without requiring the previously registered
crematories
to complete license applications.
(Source: P.A. 97-679, eff. 2-6-12; 97-813, eff. 7-13-12; 98-463, eff. 8-16-13.) (410 ILCS 18/11)(Section scheduled to be repealed on January 1, 2024)Sec. 11. Grounds for denial or discipline.(a) In this Section, "applicant" means a person who has applied for a
license
under
this Act including those persons whose names are listed on a license application in Section 10 of this Act.(b) The Comptroller may refuse to issue a license, place on probation, reprimand, or take other disciplinary action that the Comptroller may deem appropriate, including imposing fines not to exceed $5,000 for each violation, with regard to any license under this Act, or may
suspend
or revoke a license issued under this Act, on any of the following grounds:(1) The applicant or licensee has made any     misrepresentation or false statement or concealed any material fact in furnishing information to the Comptroller.(2) The applicant or licensee has been engaged in     business practices that work a fraud.(3) The applicant or licensee has refused to give     information required under this Act to be disclosed to the Comptroller  or failing, within 30 days, to provide information in response to a written request made by the Comptroller.(4) Engaging in dishonorable, unethical, or     unprofessional conduct of a character likely to deceive, defraud, or harm the public.(5) As to any individual listed in the license     application as required under Section 10, that individual has conducted or is about to conduct any cremation business on behalf of the applicant in a fraudulent manner or has been convicted of any felony or misdemeanor an essential element of which is fraud.(6) The applicant or licensee has failed to make the     annual report required by this Act or to comply with a final order, decision, or finding of the Comptroller  made under this Act.(7) The applicant or licensee, including any member,     officer, or director of the applicant or licensee if the applicant or licensee is a firm, partnership, association, or corporation and including any shareholder holding more than 25% of the corporate stock of the applicant or licensee, has violated any provision of this Act or any regulation or order made by the Comptroller under this Act.(8) The Comptroller finds any fact or condition     existing that, if it had existed at the time of the original application for a license under this Act, would have warranted the Comptroller in refusing the issuance of the license.(9) Any violation of this Act or of the rules adopted     under this Act.(10) Incompetence.(11) Gross malpractice.(12) Discipline by another state, District of     Columbia, territory, or foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section.(13) Directly or indirectly giving to or receiving     from any person, firm, corporation, partnership, or association any fee, commission, rebate, or other form of compensation for professional services not actually or personally rendered.(14) A finding by the Comptroller that the licensee,     after having its license placed on probationary status, has violated the terms of probation.(15) Willfully making or filing false records or     reports, including, but not limited to, false records filed with State agencies or departments.(16) Gross, willful, or continued overcharging for     professional services, including filing false statements for collection of fees for which services are not rendered.(17) Practicing under a false or, except as provided     by law, an assumed name.(18) Cheating on or attempting to subvert this Act's     licensing application process.(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) (410 ILCS 18/11.5)(Section scheduled to be repealed on January 1, 2024)Sec. 11.5. License revocation or suspension; surrender of license.(a) (Blank).(b) Upon the revocation or suspension of a license issued under this Act,
the
licensee must immediately surrender the license to the Comptroller. If the
licensee fails to
do so, the Comptroller may seize the license.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) (410 ILCS 18/12)(Section scheduled to be repealed on January 1, 2024)Sec. 12. 
		Surrender of license; effect on licensee's liability. 
		A licensee
may
surrender a license issued under this Act by delivering to the Comptroller a
written notice
stating that the licensee thereby surrenders the license, but such a surrender
does not
affect the licensee's civil or criminal liability for acts committed before the
surrender.
		(Source: P.A. 92-675, eff. 7-1-03.) (410 ILCS 18/13)(Section scheduled to be repealed on January 1, 2024)Sec. 13. License; display; transfer; duration.(a) Every license issued under this Act must state the number of the
license, the
business name and address of the licensee's principal place of business, and
the licensee's
parent company, if any. The license must be conspicuously posted in the place
of business
operating under the license.(b) After initial licensure, if any person comes to obtain at least 51% of the ownership over the licensed crematory authority, then the crematory authority shall apply for a new license in the required time as set out by rule.(c) Every license issued under this Act shall remain in force until it has
been
surrendered, suspended, or revoked in accordance with this Act.
Upon
the request of an interested person or on the Comptroller's own motion, the Comptroller
 may
issue a new
license to a licensee whose license has been revoked under this Act if no
factor or
condition then exists which would have warranted the Comptroller in
originally refusing
the issuance of the license.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) (410 ILCS 18/14)(Section scheduled to be repealed on January 1, 2024)Sec. 14. Display of cremation device permit. A crematory authority must
conspicuously display in its place of business the operating permit issued to
its cremation
device by the Illinois Environmental Protection Agency and the license issued by the Comptroller under this Act.  All rulemaking
authority in connection with operating permits issued by the Illinois Environmental Protection Agency shall be vested with the
Illinois Environmental Protection Agency and all rulemaking authority in connection with licenses issued by the Comptroller under this Act shall be vested with the Comptroller.
(Source: P.A. 97-679, eff. 2-6-12.) (410 ILCS 18/15)(Section scheduled to be repealed on January 1, 2024)Sec. 15. Authorizing agent. The priority of the person or persons who have the right to serve as the authorizing agent for cremation is in the same priority as provided for  in Section 5 of the Disposition of Remains Act.(Source: P.A. 94-561, eff. 1-1-06.) (410 ILCS 18/19)(Section scheduled to be repealed on January 1, 2024)Sec. 19. 
		Cremation only in crematory. 
		An individual or a person, cemetery,
funeral
establishment,
corporation, partnership, joint venture, voluntary organization, or other
entity may
cremate human remains only in a crematory operated by a crematory authority
licensed for this purpose
and only
under the
limitations provided in this Act.
		(Source: P.A. 92-675, eff. 7-1-03.) (410 ILCS 18/20)(Section scheduled to be repealed on January 1, 2024)Sec. 20. Authorization to cremate.(a) A crematory authority shall not cremate human remains until  it
has received all of the following:(1) A cremation authorization form signed, in either     paper or electronic format, by an authorizing agent.  The cremation authorization form shall be provided by the crematory authority and shall contain, at a minimum, the following information:(A) The identity of the human remains and the         time and date of death.(B) The name of the funeral director and funeral         establishment, if applicable, that obtained the cremation authorization.(C) Notification as to whether  the death          occurred from a disease declared by the Department of Health to be infectious, contagious, communicable, or dangerous to the public health.(D) The name of the authorizing agent and the         relationship between the authorizing agent and the decedent.(E) A representation that the authorizing agent         does in fact have the right to authorize the cremation of the decedent, and that the authorizing agent is not aware of any  living person who has a superior priority right to that of the authorizing agent, as set forth in Section 15.  In the event there is another living person who has a superior priority right to that of the authorizing agent, the form shall contain a representation that the authorizing agent has made all reasonable efforts to contact that person, has been unable to do so, and has no reason to believe that the person would object to the cremation of the decedent.(F) Authorization for the crematory authority to         cremate the human remains.(G) A representation that the human remains do         not contain a pacemaker or any other material or implant that may be potentially hazardous or cause damage to the cremation chamber or the person performing the cremation.(H) The name of the person authorized to receive         the cremated remains from the crematory authority.(I) The manner in which final disposition of the         cremated remains is to take place, if known.  If the  cremation authorization form does not specify final disposition in a grave, crypt, niche, or scattering area, then the form may indicate that the cremated remains will be held by the crematory authority for 30 days before they are released, unless they are picked up from the crematory authority prior to that time, in person, by the authorizing agent. At the end of the 30 days the crematory authority may return the cremated remains to the authorizing agent if no final disposition arrangements are made; or at the end of 60 days the crematory authority may dispose of the cremated remains in accordance with subsection (d) of Section 40.(J) A listing of any items of value to be         delivered to the crematory authority along with the human remains, and instructions as to how the items should be handled.(K) A specific statement as to whether the         authorizing agent has made arrangements for any type of viewing  of the decedent before cremation, or for a service with the decedent present before cremation in connection with the cremation, and if so, the date and time of the viewing or service and whether the crematory authority is authorized to proceed with the cremation upon receipt of the human  remains.(L) The signature, in either paper or electronic         format, of the authorizing agent, attesting to the accuracy of all representations contained on the cremation authorization form, except as set forth in paragraph (M) of this subsection.(M) If a cremation authorization form is being         executed on a pre-need basis, the cremation authorization form shall contain the  disclosure required by subsection (b) of Section 140.(N) The cremation authorization form, other than         pre-need cremation forms, shall also be signed, in either paper or electronic format, by a funeral director or other representative of the funeral establishment that obtained the cremation authorization.  That individual shall merely execute the cremation authorization form as a witness and shall not be responsible for any of the representations made by the authorizing agent, unless the individual has actual knowledge to the contrary. The information requested by items (A), (B), (C) and (G) of this subsection, however, shall be considered to be representations of the authorizing agent. In addition, the funeral director or funeral establishment shall warrant to the crematory that the human remains delivered to the crematory authority are the human remains identified on the cremation authorization form.(2) A completed and executed burial transit permit     indicating that the human remains are to be cremated.(3) Any other documentation required by this State.(b) If an authorizing agent is not available to execute a cremation
authorization form in person, that person may delegate that authority to
another person in writing, or by sending the crematory authority a facsimile
transmission that contains the name, address, and relationship of the sender to
the decedent and the name and address of the individual to whom authority is
delegated.  Upon receipt of the written document, or facsimile
transmission, telegram, or other electronic telecommunications transmission
which specifies the individual to whom authority has been delegated, the
crematory authority shall allow this individual to serve as the authorizing
agent and to execute the cremation authorization form.  The crematory
authority shall be entitled to rely upon the cremation authorization form
without liability.(c) An authorizing agent who signs, in either paper or electronic format, a cremation authorization form shall be
deemed to warrant the truthfulness of any facts set forth on the cremation
authorization form, including that person's authority to order the cremation;
except for the information required by items (C) and (G) of paragraph (1) of
subsection (a) of this Section, unless the authorizing agent has actual
knowledge to the contrary.  An authorizing agent signing, in either paper or electronic format, a cremation
authorization form shall be personally and individually liable for all damages
occasioned by and resulting from authorizing the cremation.(d) A crematory authority shall have authority to cremate human remains upon
the receipt of a cremation authorization form signed, in either paper or electronic format, by an authorizing agent.
There shall be no liability for a crematory authority  that cremates human
remains according to an authorization, or that releases or disposes of the
cremated remains according to an authorization, except for a crematory
authority's gross negligence, provided that the crematory authority performs
its functions in compliance with this Act.(e) After an authorizing agent has executed a cremation authorization form,
the authorizing agent may revoke the authorization and instruct the crematory
authority to cancel the cremation and to release or deliver the human remains
to another crematory authority or funeral establishment.  The instructions
shall be provided to the crematory authority in writing. A crematory authority
shall honor any instructions given to it by an authorizing agent under this
Section if it receives the instructions prior to beginning the cremation of the
human remains.
(Source: P.A. 102-824, eff. 1-1-23.) (410 ILCS 18/22)(Section scheduled to be repealed on January 1, 2024)Sec. 22. Performance of cremation service; training. A person may not
perform a cremation service in this State unless he or she has completed
training in performing cremation services and received certification by a
program recognized by the Comptroller.  The crematory authority must
conspicuously display the certification at the crematory authority's place of
business.  Any new employee shall have a reasonable time period, not to exceed one year, to attend a recognized training program.  In the interim,
the new employee may perform a cremation service if he or she has received
training from another person who has received certification by a program
recognized by the Comptroller and is under the supervision of the trained person.  For purposes of this Act, the Comptroller may
recognize any training program that provides training in the operation of a
cremation device, in the maintenance of a clean facility, and in the proper
handling of human remains.  The Comptroller may recognize any course that is
conducted by a death care trade association in Illinois or the United States or
by a manufacturer of a cremation unit that is consistent with the standards
provided in this Act or as otherwise determined by rule.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) (410 ILCS 18/25)(Section scheduled to be repealed on January 1, 2024)Sec. 25. Recordkeeping.(a) The crematory authority shall furnish to the person who delivers
human remains to the crematory authority a receipt signed, in either paper or electronic format, at the time of delivery by both the
crematory authority and the person who delivers the human remains, showing
the date and time of the delivery,  the type of casket or alternative
container that was delivered, the name of the person from whom the human
remains were received and  the name of the funeral establishment or other
entity with whom the person is affiliated, the name of the person who
received the human remains on behalf of the crematory authority, and the
name of the decedent.  The crematory shall retain a copy of this receipt in
its permanent records.(b) Upon its release of cremated remains,
the crematory authority shall furnish to the person who receives the
cremated remains from the crematory authority a receipt signed, in either paper or electronic format, by both the
crematory authority and the person who receives the cremated remains,
showing the date and time of the release, the name of the person to whom the
cremated remains were released and the name of the funeral establishment,
cemetery, or other entity with whom the person is affiliated, the name of
the person who released the cremated remains on behalf of the crematory
authority, and the name of the decedent.  The crematory shall retain a copy
of this receipt in its permanent records.(c) A crematory authority shall maintain at its place of business a
permanent record of each cremation that took place at its facility which shall
contain the name of the decedent, the date of the cremation, and the final
disposition of the cremated remains.(d) The crematory authority shall maintain a record of all cremated remains
disposed of by the crematory authority in accordance with subsection (d) of
Section 40.(e) Upon completion of the cremation, the crematory authority shall file the
burial transit permit as required by the Illinois Vital Records Act and rules adopted under that Act and the Illinois Counties Code, and transmit a photocopy of the
burial transit permit along with the cremated remains to whoever receives the
cremated remains from the authorizing agent unless the cremated remains are to
be interred, entombed, inurned, or placed in  a scattering area, in which case
the crematory authority shall retain a copy of the burial transit permit and
shall send the permit, along with the cremated remains, to the cemetery, which
shall file the permit with the designated agency after the interment,
entombment, inurnment, or scattering has taken place.(f) All cemeteries shall maintain a record of all cremated remains that are
disposed of on their property, provided that the cremated remains were
properly transferred to the cemetery and the cemetery issued a receipt
acknowledging the transfer of the cremated remains.
(Source: P.A. 102-824, eff. 1-1-23.) (410 ILCS 18/30)(Section scheduled to be repealed on January 1, 2024)Sec. 30. 
		Cremation containers.(a) No crematory authority shall make or enforce any rules requiring
that any human remains be placed in a casket before cremation or that human
remains be cremated in a casket.  No crematory authority shall refuse to
accept human remains for cremation because the remains are not in a
casket.(b) No crematory authority shall accept human remains unless
they are delivered to the crematory authority in a casket or an alternative
container.  If the human remains are delivered to the crematory authority
in an alternative container, the alternative container shall comply with
all aspects of the definition of "alternative container" set forth in Section
5.
		(Source: P.A. 87-1187.) (410 ILCS 18/35)(Section scheduled to be repealed on January 1, 2024)Sec. 35. Cremation procedures.(a) Human remains shall not be cremated within 24
hours after the time of death, as indicated on the Medical
Examiner's/Coroner's Certificate of Death.  In any death, the human remains
shall not be cremated by the crematory authority until a  cremation permit has
been received from the coroner or medical examiner of the county in which the
death occurred and the crematory authority has received a cremation
authorization form, executed by an authorizing agent, in accordance with the
provisions of Section 15 of this Act.  In no instance, however, shall the lapse
of time between the death and the cremation be less than 24 hours, unless (i)
it is known the deceased has an infectious or dangerous disease and that the
time requirement is waived in writing by the medical examiner or coroner where
the death occurred or (ii) because of a religious requirement.(b) Except as set forth in subsection (a) of this Section,
a crematory authority shall have the right to schedule the actual cremation
to be performed at its own convenience, at any time after the human remains
have been delivered to the crematory authority, unless the crematory
authority has received specific instructions to the contrary on the
cremation authorization form.(c) No crematory authority shall cremate human remains when it has actual
knowledge that human remains contain  a pacemaker or any other material or
implant that may be potentially hazardous to the person  performing the
cremation.(d) No crematory authority shall refuse to accept human remains for
cremation because such human remains are not embalmed.(e) Whenever a crematory authority is unable or unauthorized to cremate
human remains immediately upon taking custody of the remains, the crematory
authority shall place the human remains in a  holding facility in accordance
with the crematory authority's rules and regulations.
The crematory authority must notify the authorizing agent of the reasons for
delay in
cremation if a properly authorized cremation is not performed within any time
period expressly
contemplated in the authorization.(f) A crematory authority shall not accept a casket or
alternative container from which there is any evidence of the leakage of
body fluids.(g) The casket or the alternative container shall be cremated with
the human remains or destroyed, unless the crematory authority has notified the
authorizing agent to the contrary on the cremation authorization form and
obtained the written consent of the authorizing agent.(h) The simultaneous cremation of the human remains of more than one person
within the same cremation chamber, without the prior written consent of the
authorizing agent, is prohibited except for common cremation pursuant to Section 11.4 of the Hospital Licensing Act. Nothing in this subsection, however, shall
prevent the simultaneous cremation within the same cremation chamber of body
parts delivered to the crematory authority from multiple sources, or the use of
cremation equipment that contains more than one cremation chamber.(i) No unauthorized person shall be permitted in the holding facility or
cremation room while any human remains are being held there awaiting
cremation, being cremated, or being removed from the cremation  chamber.(j) A crematory authority shall not remove any dental gold, body parts,
organs, or any item of value prior to or subsequent to a cremation without
previously having received specific written authorization from the
authorizing agent and written instructions for the delivery of these items
to the authorizing agent. Under no circumstances shall a crematory authority
profit from making or assisting in any removal of valuables.(k) Upon the completion of each cremation, and insofar as is practicable,
all of the recoverable residue of the cremation process shall be removed from
the cremation chamber.(l) If all of the recovered cremated remains will
not fit within the receptacle that has been selected, the remainder of the
cremated remains shall be returned to the authorizing agent or the agent's
designee in a separate container.  The crematory authority shall not return
to an authorizing agent or the agent's designee more or less cremated
remains than were removed from the cremation chamber.(m) A crematory authority shall not knowingly represent to an
authorizing agent or the agent's designee that a temporary container or
urn contains the cremated remains of a specific decedent when it does not.(n) Cremated remains shall be shipped only by a method that has an internal
tracing system available and that provides a receipt signed, in either paper or electronic format, by the person
accepting delivery.(o) A crematory authority shall maintain an identification system that shall
ensure that it shall be able to identify the human remains in its possession
throughout all phases of the cremation process.
(Source: P.A. 102-824, eff. 1-1-23.) (410 ILCS 18/40)(Section scheduled to be repealed on January 1, 2024)Sec. 40. Disposition of cremated remains.(a) The authorizing agent shall be responsible for the final
disposition of the cremated remains.(b) Cremated remains may be disposed of by placing  them in a grave, crypt,
or niche, by scattering them in a scattering area as defined in this Act, or in
any manner whatever on the private property of a consenting owner.(c) Upon the completion of the cremation process, and except as provided for
in item (I) of paragraph (1) of subsection (a) of Section 20, if the crematory
authority has not been instructed to arrange
for the interment, entombment, inurnment, or scattering of the cremated
remains, the crematory authority shall deliver the cremated remains to the
individual specified on the cremation authorization form, or if no
individual is specified then to the authorizing agent. The delivery may be
made in person or by registered mail.  Upon receipt of the cremated remains,
the individual receiving them may transport them  in any manner in this
State without a permit, and may dispose of them in accordance with  this
Section.  After delivery, the crematory authority shall be discharged
from any legal obligation or liability concerning the cremated remains.(d) If, after a period of 60 days from the date of the
cremation, the authorizing agent or the agent's designee has not
instructed the crematory authority to arrange for the final disposition of
the cremated remains or claimed the cremated remains, the crematory
authority may dispose of the cremated remains in any manner permitted by
this Section.  The crematory authority, however, shall keep a permanent record
identifying the site of final disposition.  The authorizing agent shall be
responsible for reimbursing the crematory authority for all reasonable
expenses incurred in disposing of the cremated remains.  Upon disposing
of the cremated remains, the crematory authority shall be discharged from
any legal obligation or liability concerning the cremated remains.  Any
person who was in possession of cremated remains prior to the effective date
of this Act may dispose of them in accordance with this Section.(e) Except with the express written permission of the authorizing agent, no
person shall:(1) Dispose of cremated remains in a manner or in a     location so that the cremated remains are commingled with those of another person. This prohibition shall not apply to the scattering of cremated remains at sea, by air, or in an area located in a dedicated cemetery and used exclusively for those purposes.(2) Place cremated remains of more than one person in     the same temporary container or urn.(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) (410 ILCS 18/45)(Section scheduled to be repealed on January 1, 2024)Sec. 45. 
		Limitation of liability.(a) A crematory authority that has received an executed cremation
authorization form that complies with paragraph (1) of subsection (a) of
Section 20 and has received any additional documentation
required by Section 20 shall not be liable for cremating the human
remains designated by the cremation authorization form if the
cremation is performed in accordance with  this Act.(b) A crematory authority shall not be liable for refusing to accept human
remains or to perform a cremation until it receives a court order or other
suitable confirmation that a dispute has been settled, if:(1) it is aware of any dispute concerning the     cremation of the human remains;(2) it has a reasonable basis for questioning any of     the representations made by the authorizing agent; or(3) it refuses to accept the human remains for any     other lawful reason.This provision shall not be construed  as placing any affirmative
obligation, not otherwise required by law, on any crematory authority to
accept any human remains for cremation.(c) No cemetery shall be liable for any cremated remains that are dumped,
scattered, or otherwise deposited on the cemetery in violation of this Act, if
that action is taken without the cemetery's consent.(d) If a crematory authority is aware of any dispute concerning the release
or disposition of the cremated remains, the crematory authority may refuse to
release the cremated remains until the dispute has been resolved or the
crematory authority has been provided with a court order directing the release
or disposition of the cremated remains.  A crematory authority shall not be
liable for refusing to release or dispose of cremated remains in accordance
with this
Section.(e) A crematory authority shall not be responsible or liable
for any valuables delivered to the crematory authority with human remains,
unless the crematory authority has received written instructions in
accordance with item (K) of paragraph (1) of subsection (a) of Section 20.
		(Source: P.A. 87-1187.) (410 ILCS 18/50)(Section scheduled to be repealed on January 1, 2024)Sec. 50. 
		Pacemakers and hazardous implants. 
		
		If an authorizing agent informs the funeral director and the cremation
authority on the cremation authorization form of the presence of a
pacemaker in the human remains, then the funeral director shall be
responsible for ensuring that all necessary steps have been taken to remove
the pacemaker before delivering the human remains to the crematory. Should
the funeral director who delivers the human remains to the crematory fail to
ensure that the pacemaker  has  been removed from the human remains prior to
delivery, and should the human remains be cremated with the pacemaker,
then the  funeral director who delivered the human remains to the crematory
and anyone else covered by this Section shall be liable for all resulting
damages.
		(Source: P.A. 87-1187.) (410 ILCS 18/55)(Section scheduled to be repealed on January 1, 2024)Sec. 55. Penalties. Violations of this Act shall be punishable as follows:(1) Performing a cremation without receipt of a     cremation authorization form signed, in either paper or electronic format, by an authorizing agent shall be a Class 4 felony.(2) Signing, in either paper or electronic format, a     cremation authorization form with the actual knowledge that the form contains false or incorrect information shall be a Class 4 felony.(3) A Violation of any cremation procedure set forth     in Section 35 shall be a Class 4 felony.(4) Holding oneself out to the public as a crematory     authority, or the operation of a building or structure within this State as a crematory, without being licensed under this Act, shall be a Class A misdemeanor.(4.5) Performance of a cremation service by a person     who has not  completed a training program as defined in Section 22 of this Act shall be a Class A misdemeanor.(4.10) Any person who intentionally violates a     provision of this Act or a final order of the Comptroller is liable for a civil penalty not to exceed $5,000  per violation.(4.15) Any person who knowingly acts without proper     legal authority and who willfully and knowingly destroys or damages the remains of a deceased human being or who desecrates human remains is guilty of a Class 3 felony.(5) A violation of any other provision of this Act     shall be a  Class B misdemeanor.(Source: P.A. 102-824, eff. 1-1-23.) (410 ILCS 18/60)(Section scheduled to be repealed on January 1, 2024)Sec. 60. Failure to file annual report. Whenever a crematory
authority refuses or neglects to file
its annual report in violation of Section 10 of this Act, or fails to
otherwise comply with the requirements of
this Act, the Comptroller shall impose a penalty as provided for by rule for each and every day the licensee remains delinquent in submitting the annual report. Such report shall be made under oath and shall be in a form determined by the Comptroller.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) (410 ILCS 18/62)(Section scheduled to be repealed on January 1, 2024)Sec. 62. Injunctive action; cease and desist order.(a) If any person violates the provisions of this Act, the Comptroller, in the name of the People of the State of Illinois, through the Attorney General or the State's Attorney of the county in which the violation is alleged to have occurred, may petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition, the court with appropriate jurisdiction may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin the violation. If it is established that the person has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section are in addition to, and not in lieu of, all other remedies and penalties provided by this Act.(b) Whenever, in the opinion of the Comptroller, a person violates any provision of this Act, the Comptroller may issue a rule to show cause why an order to cease and desist should not be entered against that person. The rule shall clearly set forth the grounds relied upon by the Comptroller and shall allow at least 7 days from the date of the rule to file an answer satisfactory to the Comptroller. Failure to answer to the satisfaction of the Comptroller shall cause an order to cease and desist to
be issued. (Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) (410 ILCS 18/62.5)(Section scheduled to be repealed on January 1, 2024)Sec. 62.5. Service of notice. Service by the Comptroller of any notice
requiring a
person to file a statement or report under this Act shall be made: (1)
personally by
delivery of a duly executed copy of the notice to the person to be served or,
if that person
is not a natural person, in the manner provided in the Civil Practice Law when
a
complaint is filed; or (2) by mailing by certified mail a duly executed copy of
the notice
to the person at his or her address of record.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) (410 ILCS 18/62.10)(Section scheduled to be repealed on January 1, 2024)Sec. 62.10. Investigations; notice and hearing. The Comptroller may at any time investigate the actions of any applicant or of any person, persons, or entity rendering or offering to render cremation services or any person or entity holding or claiming to hold a license as a licensed crematory. The Comptroller shall, before revoking, suspending, placing on probation, reprimanding, or taking any other disciplinary action under Section 11 of this Act, at least 30 days before the date set for the hearing, (i) notify the accused in writing of the charges made and the time and place for the hearing on the charges, (ii) direct the accused applicant or licensee to file a written answer to the charges with the Comptroller under oath within 20 days after the service on him or her of the notice, and (iii) inform the accused that, if he or she fails to answer, default will be taken against him or her or that his or her license may be suspended, revoked, placed on probationary status, or other disciplinary action taken with regard to the license, including limiting the scope, nature, or extent of his or her practice, as the Comptroller may consider proper.At the time and place fixed in the notice, the Comptroller shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments. The Comptroller shall have the authority to appoint an attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer in any disciplinary action with regard to a license. The hearing officer shall have full authority to conduct the hearing. The Comptroller may continue the hearing from time to time. In case the person, after receiving the notice, fails to file an answer, his or her license may, in the discretion of the Comptroller, be suspended, revoked, placed on probationary status, or the Comptroller may take whatever disciplinary action considered proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for that action under this Act. The written notice may be served by personal delivery or by certified mail to the address specified by the accused in his or her last notification with the Comptroller. (Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) (410 ILCS 18/62.15)(Section scheduled to be repealed on January 1, 2024)Sec. 62.15. Compelling testimony. Any circuit court, upon application of the Comptroller or designated hearing officer may enter an order requiring the attendance of witnesses and their testimony, and the production of documents, papers, files, books, and records in connection with any hearing or investigation. The court may compel obedience to its order by proceedings for contempt.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) (410 ILCS 18/62.20)(Section scheduled to be repealed on January 1, 2024)Sec. 62.20. Administrative review; venue; certification of record; costs.(a) All final administrative decisions of the Comptroller are subject to judicial review under the Administrative Review Law and its rules. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.(b) Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides, but if the party is not a resident of Illinois, the venue shall be in Sangamon County.(c)  The Comptroller shall not be required to certify any record of the court, file an answer in court, or to otherwise appear in any court in a judicial review proceeding unless and until the Comptroller has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Comptroller. Failure on the part of the plaintiff to make such payment to the Comptroller is grounds for dismissal of the action.

(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) (410 ILCS 18/65)(Section scheduled to be repealed on January 1, 2024)Sec. 65. Pre-need cremation arrangements.(a) Any person, or anyone who has legal authority to act on
behalf of a person, on a pre-need basis, may authorize his or her own
cremation and the final disposition of his or her cremated remains by
executing, as the authorizing agent, a cremation authorization form on a
pre-need basis.  A copy of this form  shall be provided to the person. Any
person shall have the right to transfer or cancel this authorization at any
time prior to death by destroying the executed cremation authorization form and
providing written notice to the crematory authority.(b) Any cremation authorization form that is being executed by an
individual as his or her own authorizing agent on a pre-need basis shall
contain the following disclosure, which shall be completed by the
authorizing agent:"( ) I do not wish to allow any of my survivors the         option of cancelling my cremation and selecting alternative arrangements, regardless of whether my survivors deem a change to be appropriate.( ) I wish to allow only the survivors whom I have         designated below the option of cancelling my cremation and selecting alternative arrangements, if they deem a change to be appropriate:............"(c) Except as provided in subsection (b) of this Section, at the time of the
death of a person who has executed, as the authorizing agent, a cremation
authorization form on a pre-need basis, any person in possession of an executed
 form and any person charged with making arrangements for the final disposition
of the decedent who has knowledge of the existence of an executed  form, shall
use their best efforts to ensure that the decedent is cremated and
that the final disposition of the cremated remains is in accordance with the
instructions contained on the cremation authorization form.
If a crematory authority (i) is in possession of a completed cremation
authorization form that was executed on a pre-need basis,
(ii) is in possession of the designated human remains, and (iii) has received
payment for the cremation of the human remains and the final disposition of
the cremated  remains or is otherwise assured of payment, then the crematory
authority shall be required to cremate the human remains and dispose of
the cremated remains according to the instructions contained on the
cremation authorization form, and may do so  without any liability.(d) Any pre-need contract sold by, or pre-need arrangements made with, a
cemetery, funeral establishment, crematory authority, or any other party
that includes a cremation shall specify the final disposition of the cremated
remains, in accordance with Section 40.  In the event that no different or
inconsistent instructions are provided to the crematory authority by the
authorizing agent at the time of death, the crematory authority shall be
authorized to release or dispose of the cremated remains as indicated in the
pre-need agreement.  Upon compliance with the terms of the pre-need
agreement, the crematory authority shall be discharged from any legal
obligation  concerning the cremated remains. The pre-need agreement shall be kept as a permanent record by the crematory authority.(e) This Section shall not apply to any  cremation authorization
form or pre-need contract executed prior to the effective date of this Act.
Any cemetery, funeral establishment, crematory authority,  or other
party, however, with the written approval of the authorizing agent or person
who executed the pre-need contract, may designate that the cremation
authorization form or pre-need contract shall be subject to this Act.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) (410 ILCS 18/70)(Section scheduled to be repealed on January 1, 2024)Sec. 70. 
		Employment of funeral director by crematory authority.(a) A crematory authority shall be permitted to enter into a contract
with a funeral director or funeral business for the purpose of arranging
cremations on an at-need basis with the general public, transporting human
remains to the crematory, and processing all necessary paperwork.(b) No aspect of this Act shall be construed to require a licensed funeral
director to perform any functions not otherwise required by law to be performed
by a licensed funeral director.
		(Source: P.A. 87-1187.) (410 ILCS 18/75)(Section scheduled to be repealed on January 1, 2024)Sec. 75. 
		Scope of Act. 
		This Act shall be construed and interpreted as a
comprehensive cremation statute, and the provisions of this Act shall take
precedence over any existing laws containing provisions applicable to
cremation, but that do not specifically or comprehensively address cremation.
		(Source: P.A. 87-1187.) (410 ILCS 18/80)(Section scheduled to be repealed on January 1, 2024)Sec. 80. Record of proceedings; transcript. The Comptroller, at its expense, shall preserve a record of all proceedings at the formal hearing of any case. Any notice of hearing, complaint, all other documents in the nature of pleadings, written motions filed in the proceedings, the transcripts of testimony, the report of the hearing officer, and orders of the Comptroller shall be in the record of the proceeding. The Comptroller shall furnish a transcript of such record to any person interested in such hearing upon payment of a reasonable fee.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) (410 ILCS 18/85)(Section scheduled to be repealed on January 1, 2024)Sec. 85. Subpoenas; depositions; oaths. The Comptroller has the power to subpoena documents, books, records or other materials and to bring before it any person and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed in civil cases in the courts of this State. The Comptroller, the designated hearing officer, or any qualified person the Comptroller may designate has the power to administer oaths to witnesses at any hearing that the Comptroller is authorized to conduct, and any other oaths authorized in any Act administered by the Comptroller.Every person having taken an oath or affirmation in any proceeding or matter wherein an oath is required by this Act, who shall swear willfully, corruptly and falsely in a matter material to the issue or point in question, or shall suborn any other person to swear as aforesaid, shall be guilty of perjury or subornation of perjury, as the case may be and shall be punished as provided by State law relative to perjury and subornation of perjury.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) (410 ILCS 18/87)(Section scheduled to be repealed on January 1, 2024)Sec. 87. Findings and recommendations. At the conclusion of
the hearing, the hearing officer shall present to the Comptroller a written report of its findings of fact, conclusions of law, and recommendations. The report shall contain a finding whether or not the accused person violated this Act or its rules or failed to comply with the conditions required in this Act or its rules. The hearing officer shall specify the nature of any violations or failure to comply and shall make recommendations to the Comptroller. In making recommendations for any disciplinary actions, the hearing officer may take into consideration all facts and circumstances bearing upon the reasonableness of the conduct of the accused and the potential for future harm to the public, including but not limited to, previous discipline of the accused by the Comptroller, intent, degree of harm to the public and likelihood of harm in the future, any restitution made by the accused, and whether the incident or incidents contained in the complaint appear to be isolated or represent a continuing pattern of conduct. In making its recommendations for discipline, the hearing officer shall endeavor to ensure that the severity of the discipline recommended is reasonably related to the severity of the violation. The report of findings of fact, conclusions of law, and recommendation of the hearing officer shall be the basis for the Comptroller's order refusing to issue, restore, place on probation, fine, suspend, revoke a license, or otherwise disciplining a licensee. If the Comptroller disagrees with the recommendations of the hearing officer, the Comptroller may issue an order in contravention of the hearing officer's recommendations. The finding is not admissible in evidence against the person in a criminal prosecution brought for a violation of this Act, but the hearing and finding are not a bar to a criminal prosecution brought for a violation of this Act.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) (410 ILCS 18/88)(Section scheduled to be repealed on January 1, 2024)Sec. 88. Rehearing. At the conclusion of the hearing, a copy of the hearing officer's report shall be served upon the applicant or licensee by the Comptroller, either personally or as provided in this Act. Within 20 days after service, the applicant or licensee may present to the Comptroller a motion in writing for a rehearing, which shall specify the particular grounds for rehearing. The Comptroller may respond to the motion for rehearing within 20 days after its service on the Comptroller. If no motion for rehearing is filed, then upon the expiration of the time specified for filing such a motion, or if a motion for rehearing is denied, then upon denial, the Comptroller may enter an order in accordance with recommendations of the hearing officer except as provided in Section 89 of this Act.If the applicant or licensee orders from the reporting service and pays for a transcript of the record within the time for filing a motion for rehearing, the 20-day period within which a motion may be filed shall commence upon the delivery of the transcript to the applicant or licensee.
(Source: P.A. 97-679, eff. 2-6-12; 98-463, eff. 8-16-13.) (410 ILCS 18/89)(Section scheduled to be repealed on January 1, 2024)Sec. 89. Comptroller; rehearing. Whenever the Comptroller believes that substantial justice has not been done in the revocation, suspension, or refusal to issue or restore a license or other discipline of an applicant or licensee, he or she may order a rehearing by the same or other hearing officers.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) (410 ILCS 18/90)(Section scheduled to be repealed on January 1, 2024)Sec. 90. Order or certified copy; prima facie proof. An order or certified copy thereof, over the seal of the Comptroller and purporting to be signed by the Comptroller, is prima facie proof that:(a) the signature is the genuine signature of the     Comptroller;(b) the Comptroller is duly appointed and qualified;     and(c) the hearing officer is qualified to act.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) (410 ILCS 18/91)(Section scheduled to be repealed on January 1, 2024)Sec. 91. Civil action and civil penalties. In addition to
the other penalties and remedies provided in this Act, the Comptroller may bring a civil action in the county of residence of the licensee or any other person to enjoin any violation or threatened violation of this Act. In addition to any other penalty provided by law, any person who violates this Act shall forfeit and pay a civil penalty to the Comptroller in an amount not to exceed $5,000 for each violation as determined by the Comptroller. The civil penalty shall be assessed by the Comptroller in accordance with the provisions of this Act.Any civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record. All moneys collected under this Section shall be deposited with the Comptroller.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) (410 ILCS 18/92)(Section scheduled to be repealed on January 1, 2024)Sec. 92. Consent order. At any point in any investigation or disciplinary proceedings as provided in this Act, both parties may agree to a negotiated consent order. The consent order shall be final upon signature of the Comptroller.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) (410 ILCS 18/93)(Section scheduled to be repealed on January 1, 2024)Sec. 93. Illinois Administrative Procedure Act; application. The Illinois Administrative Procedure Act is expressly adopted and incorporated in this Act as if all of the provisions of that Act were included in this Act, except that the provision of paragraph (d) of Section 10-65 of the Illinois Administrative Procedure Act, which provides that at hearings the licensee has the right to show compliance with all lawful requirements for retention or continuation of the license, is specifically excluded. For the purpose of this Act, the notice required under Section 10-25 of the Illinois Administrative Procedure Act is considered sufficient when mailed to the address of record.
(Source: P.A. 96-863, eff. 3-1-12.) (410 ILCS 18/94)(Section scheduled to be repealed on January 1, 2024)Sec. 94. Summary suspension of a license. The Comptroller may summarily suspend a license of a licensed crematory without a hearing, simultaneously with the institution of proceedings for a hearing provided for in this Act, if the Comptroller finds that evidence in the Comptroller's possession indicates that the licensee's continued practice would constitute an imminent danger to the public. In the event that the Comptroller summarily suspends the license of a licensed crematory without a hearing, a hearing must be commenced within 30 days after the suspension has occurred and concluded as expeditiously as practical. In the event of a summary suspension, the county coroner or medical examiner responsible for the area where the crematory is located shall make arrangements to dispose of any bodies in the suspended licensee's possession after consulting with the authorizing agents for those bodies.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.) (410 ILCS 18/95)(Section scheduled to be repealed on January 1, 2024)Sec. 95. Home rule. The regulation of crematories and crematory authorities as set forth in this Act is an exclusive power and function of the State. A home rule unit may not regulate crematories or crematory authorities. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 96-863, eff. 3-1-12.) (410 ILCS 18/100)(Section scheduled to be repealed on January 1, 2024)Sec. 100. 
		Effective date. 
		This Act takes effect January 1, 1993.
		(Source: P.A. 87-1187.)
(410 ILCS 180/1)Sec. 1. Short title. This Act may be cited as the Latex Glove Ban Act.
(Source: P.A. 102-1095, eff. 1-1-23.) (410 ILCS 180/5)Sec. 5. Definitions. In this Act:"Department" means the Department of Public Health."EMS personnel" has the same meaning as provided in Section 3.5 of the Emergency Medical Services (EMS) Systems Act."Food service establishment" means a food service establishment as that term is used in the Food Handling Regulation Enforcement Act."Health care facility personnel" means personnel of a health care facility, as that term is defined under Section 3 of the Illinois Health Facilities Planning Act.
(Source: P.A. 102-1095, eff. 1-1-23.) (410 ILCS 180/10)Sec. 10. Use of latex gloves prohibited.(a) On and after January 1, 2023, a food service establishment may not permit employees to use latex gloves in the preparation and handling of food. If latex gloves must be used in the preparation of food due to a crisis that interrupts a food service establishment's ability to source nonlatex gloves, a sign shall be prominently placed at the point of order or point of purchase clearly notifying the public of the temporary change. To encourage compliance with this subsection, the Department shall send a notice of warning to a food service establishment for its first violation of this subsection.(b) Except as provided under Section 15, on and after January 1, 2023, the use of latex gloves by EMS personnel is prohibited.(c) Except as provided under Section 15, on and after January 1, 2024, the use of latex gloves by health care facility personnel is prohibited if the patient upon whom the latex gloves are to be used is unconscious or otherwise physically unable to communicate and whose medical history lacks sufficient information to indicate whether or not the patient has a latex allergy.
(Source: P.A. 102-1095, eff. 1-1-23.) (410 ILCS 180/15)Sec. 15. Exception; crisis situation. Notwithstanding subsections (b) and (c) of Section 10, if a crisis exists that interrupts their ability to reliably source nonlatex gloves, EMS personnel and health care facility personnel may use latex gloves upon a patient. However, during the crisis, EMS personnel and health care facility personnel shall prioritize, to the extent possible, using nonlatex gloves for the treatment of:(1) any patient with a self-identified allergy to     latex; and(2) any patient upon whom the latex gloves are to be     used who is unconscious or otherwise physically unable to communicate and whose medical history lacks sufficient information to indicate whether or not the patient has a latex allergy.(Source: P.A. 102-1095, eff. 1-1-23.)
(410 ILCS 185/Art. 1 heading) 
Article 1.
(Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.) (410 ILCS 185/Art. 3 heading) 
Article 3.
(Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.) (410 ILCS 185/Art. 4 heading) 
Article 4.
(Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.) (410 ILCS 185/Art. 5 heading) 
Article 5.
(Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.) (410 ILCS 185/Art. 6 heading) 
Article 6.
(Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.) (410 ILCS 185/Art. 7 heading) 
Article 7.
(Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.) (410 ILCS 185/Art. 8 heading) 
Article 8.
(Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.) (410 ILCS 185/Art. 9 heading) 
Article 9.
(Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.) (410 ILCS 185/Art. 11 heading) 
Article 11.
(Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.) (410 ILCS 185/Art. 12 heading) 
Article 12.
(Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.) (410 ILCS 185/Art. 14 heading) 
Article 14.
(Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.) (410 ILCS 185/Art. 16 heading) 
Article 16.
(Source: P.A. 102-1117, eff. 1-13-23.) (410 ILCS 185/16-1)Sec. 16-1. Short title. This Article may be cited as the Abortion Care Clinical Training Program Act. References in this Article to "this Act" mean this Article.
(Source: P.A. 102-1117, eff. 1-13-23.) (410 ILCS 185/16-5)Sec. 16-5. Intent.  The Program established under this Act is intended to protect access to abortion care in Illinois by ensuring there are a sufficient number of health care professionals appropriately trained to provide abortion care and other reproductive health care services.
(Source: P.A. 102-1117, eff. 1-13-23.) (410 ILCS 185/16-10)Sec. 16-10. Definitions.  As used in this Act:"Abortion" has the meaning given to that term in Section 1-10 of the Reproductive Health Act."Coordinating organization" means a nonprofit entity in good standing in any state or jurisdiction in which the organization is registered or incorporated that has demonstrated experience in coordinating or providing abortion care training programs at community-based and hospital-based provider sites."Department" means the Department of Public Health."Fund" means the Abortion Care Clinical Training Program Fund."Health care professional" has the meaning given to that term in Section 1-10 of the Reproductive Health Act."Program" means the Abortion Care Clinical Training Program."Reproductive health care" has the meaning given to that term in Section 1-10 of the Reproductive Health Act."Transportation hub" means an area easily accessible by interstate or interregional transportation, including roadways, railways, buses, air travel, and public transportation."Underserved community" means a community that lacks a sufficient number of health care providers or facilities to meet the demand for abortion care without waiting periods more than 3 days. 
(Source: P.A. 102-1117, eff. 1-13-23.) (410 ILCS 185/16-15)Sec. 16-15. Program administration and reporting.(a) Subject to appropriation to the Fund, the Department shall contract with at least one coordinating organization to administer the Program. The Department shall use the Fund to contract with the coordinating organization.(b) A coordinating organization contracted by the Department to administer the Program shall:(1) submit an annual report to the Department     regarding Program performance, including the number of participants enrolled, the demographics of Program participants, the number of participants who successfully complete the Program, the outcome of successful Program participants, and the level of involvement of the participants in providing abortion and other forms of reproductive health care in Illinois; and(2) meet any other requirements established by the     Department that are not inconsistent with this Act.(c) The Department shall release the name of any coordinating organization it coordinates with and any entity receiving funds to assist in the implementation of this Program through the coordinating organization. The Department shall not release the name of any individual person or health care professional administering services through or participating in the Program. The Department shall, by rule, establish procedures to ensure that sensitive Program information, including any personal information and information that, if released, could endanger the life or physical safety of program participants, remains confidential.(d) Any coordinating organization or other entity receiving funds to implement this Program is subject to the requirements of the Grant Accountability and Transparency Act.
(Source: P.A. 102-1117, eff. 1-13-23.) (410 ILCS 185/16-20)Sec. 16-20. Coordinating organization duties.  A coordinating organization contracted by the Department to administer the Program shall assume the following duties:(1) Administer grants to develop and sustain abortion care training programs at a minimum of 2 community-based provider sites. When selecting community-based provider sites, the coordinating organization shall prioritize sites near transportation hubs and underserved communities.(2) If funding is available, administer grants to:(A) other community-based sites;(B) hospital-based provider sites; and(C) continuing education programs for reproductive     health care, including through professional associations and other clinical education programs.(3) Establish training Program requirements that:(A) are consistent with evidence-based training     standards;(B) comply with any applicable State or federal law     and regulations; and(C) focus on providing culturally congruent care and     include implicit bias training.(4) Support abortion care clinical training to health care professionals or individuals seeking to become health care professionals, consistent with the appropriate scope of clinical practice, intended to:(A) expand the number of health care professionals     with abortion care training; and(B) increase diversity among health care     professionals with abortion care training.(5) Support the identification, recruitment, screening, and placement of qualified reproductive health care professionals at training sites.  
(Source: P.A. 102-1117, eff. 1-13-23.) (410 ILCS 185/16-25)Sec. 16-25. Rules.  The Department is authorized to adopt rules pursuant to the Illinois Administrative Procedure Act to implement this Act. 
(Source: P.A. 102-1117, eff. 1-13-23.) (410 ILCS 185/16-30)Sec. 16-30. Abortion Care Clinical Training Program Fund.  The Abortion Care Clinical Training Program Fund is established as a special fund in the State Treasury. The Fund may accept moneys from any public source in the form of grants, deposits, and transfers, and shall be used for administration and implementation of the Abortion Care Clinical Training Program. 
(Source: P.A. 102-1117, eff. 1-13-23.) (410 ILCS 185/16-90)Sec. 16-90. (Amendatory provisions; text omitted).
(Source: P.A. 102-1117, eff. 1-13-23; text omitted.) (410 ILCS 185/Art. 21 heading) 
Article 21.
(Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.) (410 ILCS 185/Art. 22 heading) 
Article 22.
(Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.) (410 ILCS 185/Art. 24 heading) 
Article 24.
(Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.) (410 ILCS 185/Art. 26 heading) 
Article 26.
(Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.) (410 ILCS 185/Art. 27 heading) 
Article 27.
(Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.) (410 ILCS 185/Art. 28 heading) 
Article 28.
(The Lawful Health Care Activity Act 

is compiled at 735 ILCS 40/)(Source: P.A. 102-1117, eff. 1-13-23.) (410 ILCS 185/Art. 29 heading) 
Article 29.
(The Protecting Reproductive Health Care Services Act 

is compiled at 740 ILCS 126/)(Source: P.A. 102-1117, eff. 1-13-23.) (410 ILCS 185/Art. 30 heading) 
Article 30.
(Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.) (410 ILCS 185/Art. 99 heading) 
Article 99.
(Source: P.A. 102-1117, eff. 1-13-23.) (410 ILCS 185/99-95)Sec. 99-95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.
(Source: P.A. 102-1117, eff. 1-13-23.) (410 ILCS 185/99-97)Sec. 99-97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 102-1117, eff. 1-13-23.) (410 ILCS 185/99-99)Sec. 99-99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 102-1117, eff. 1-13-23.)
(410 ILCS 2/1)Sec. 1. Short title.  This Act may be cited as the Arthritis
Prevention, Control, and Cure Act.
			
		
(Source: P.A. 94-634, eff. 1-1-06.) (410 ILCS 2/5)Sec. 5. Findings and purposes.(a) Findings. The legislature hereby finds the following:(1) Arthritis encompasses more than 100 diseases and     conditions that affect joints, the surrounding tissues, and other connective tissues.(2) One of the most common family of diseases in the     United States, arthritis or chronic joint symptoms affect nearly one of every 3 Americans.(3) Arthritis is the leading cause of disability in     the United States, limiting daily activities for more than 7,000,000 citizens.(4) Although prevailing myths inaccurately portray     arthritis as an old person's disease, arthritis is a multi-generational disease that has become one of the country's most pressing public health problems.(5) This disease has a significant impact on quality     of life not only for the individual who experiences its painful symptoms and resulting disability, but also for family members and caregivers.(6) Compounding this picture are the enormous     economic and social costs associated with treating arthritis and its complications, which are estimated at almost $86,000,000,000 annually.(7) Currently, the challenge exists to ensure     delivery of effective, but often underutilized, interventions that are necessary in the prevention or reduction of arthritis-related pain and disability.(8) Although there exists a large quantity of public     information and programs about arthritis, it remains inadequately disseminated and insufficient in addressing the needs of specific diverse populations and other underserved groups.(9) The Arthritis Foundation, the Centers for Disease     Control and Prevention (CDC), and the Association of State and Territorial Health Officials have led the development of a public health strategy, the National Arthritis Action Plan, to respond to this challenge.(10) Educating the public and health care community     throughout the State about this devastating disease is of paramount importance and is in every respect in the public interest and to the benefit of all residents of this State.(b) Purposes. The purposes of this Act are:(1) To create and foster a statewide program that     promotes public awareness and increases knowledge about the causes of arthritis, the importance of early diagnosis and appropriate management, effective prevention strategies, and pain prevention and management.(2) To develop knowledge and enhance understanding of     arthritis by disseminating educational materials and information on research results, services provided, and strategies for prevention and control to patients, health professionals, and the public.(3) To establish a solid scientific base of knowledge     on the prevention of arthritis and related disability through surveillance, epidemiology, and prevention research.(4) To utilize educational and training resources and     services developed by organizations with appropriate expertise and knowledge of arthritis and to use available technical assistance.(5) To evaluate the need for improving the quality     and accessibility of existing community-based arthritis services.(6) To heighten awareness about the prevention,     detection, and treatment of arthritis among State and local health and human services officials, health professionals and providers, and policy makers.(7) To implement and coordinate State and local     programs and services to reduce the public health burden of arthritis.(8) To adequately fund these programs on a State     level.(9) To provide lasting improvements in the delivery     of health care for individuals with arthritis and their families, thus improving their quality of life while also containing health care costs. 
		(Source: P.A. 94-634, eff. 1-1-06.) (410 ILCS 2/10)Sec. 10. Arthritis Prevention, Control, and Cure Program.(a) The Department of Public Health shall establish, promote,
and maintain an Arthritis Prevention, Control, and Cure Program to raise
public awareness, educate consumers, and educate and train health
professionals, teachers, and human services providers, and for other
purposes. The program shall include the following components:(1) Needs assessment. The Department of Public Health     shall conduct a needs assessment to identify the following:(A) Epidemiological and other public health         research being conducted within the State.(B) Available technical assistance and         educational materials and programs nationwide and within the State.(C) The level of public and professional         arthritis awareness.(D) The needs of people with arthritis and their         families and caregivers.(E) Educational and support service needs of         health care providers, including physicians, nurses, managed care organizations, and other health care providers.(F) The services available to a person with         arthritis.(G) The existence of arthritis treatment,         self-management, physical activity, and other education programs.(H) The existence of rehabilitation services.(2) Advisory Council on Arthritis. The Department of     Public Health shall establish and coordinate an Advisory Council on Arthritis to provide non-governmental input regarding the Arthritis Prevention, Control, and Cure Program. Membership of the Council must include, but need not be limited to, persons with arthritis, public health educators, medical experts on arthritis, providers of arthritis health care, persons knowledgeable in health promotion and education, and representatives of national arthritis organizations and their local chapters.(3) Public awareness. The Department of Public Health     shall use, but is not limited to, strategies consistent with the National Arthritis Action Plan and existing State planning efforts to raise public awareness and knowledge on the causes and nature of arthritis, personal risk factors, the value of prevention and early detection, ways to minimize preventable pain, and options for diagnosing and treating the disease.(4) Technical assistance. The Department of Public     Health may replicate and use successful arthritis programs and enter into contracts with or purchase materials or services from entities with appropriate expertise for services and materials that are necessary to carry out the goals of the Arthritis Prevention, Control, and Cure Program. The Department may enter into agreements with one or more national organizations with expertise in arthritis to implement parts of the Arthritis Prevention, Control, and Cure Program.(b) In addition to the components described in subsection (a), the Arthritis Prevention, Control, and Cure Program shall include a pilot program for the study of arthritis public health innovation projects. Under the pilot program, the Department of Public Health may give grants to academic organizations or to public or community health organizations to conduct the study or studies. The Department shall review all grant applications, in collaboration with the Arthritis Foundation and the Illinois Arthritis Partnership.  Under the pilot program, the Department of Public Health also may fund community health projects for the following activities: surveillance, awareness campaigns, public education, professional education, screenings, and physical activity programs.  The Department of Public Health, in coordination with selected grantees, shall evaluate the success of the community health projects and their outcomes.(c) The Department of Public Health shall do all of the
following:(1) Provide sufficient staff to implement the     Arthritis Prevention, Control, and Cure Program.(2) Provide appropriate training for staff of the     Arthritis Prevention, Control, and Cure Program.(3) Identify the appropriate organizations to carry     out the program.(4) Base the program on the most current scientific     information and findings.(5) Work to increase and improve community-based     services available to people with arthritis and their family members.(6) Work with governmental offices, national     voluntary health organizations and their local chapters, community and business leaders, community organizations, and health care and human services providers to coordinate efforts and maximize State resources in the areas of prevention, education, detection, pain management, and treatment of arthritis.(7) Identify and, when appropriate, use     evidence-based arthritis programs and obtain related materials and services from organizations with appropriate expertise and knowledge of arthritis. 
		(Source: P.A. 94-634, eff. 1-1-06.) (410 ILCS 2/15)Sec. 15. Funding.  The Department of Public Health may accept
grants, services, and property from the federal government,
foundations, organizations, medical schools, and other entities that
may be available for the purposes of fulfilling the obligations of the
Arthritis Prevention, Control, and Cure Program.

		
(Source: P.A. 94-634, eff. 1-1-06.) (410 ILCS 2/20)Sec. 20. Waivers.  The Department of Public Health shall seek
all waivers of federal law and regulations that may be necessary to
maximize funds from the federal government to implement the Arthritis
Prevention, Control, and Cure Program.

(Source: P.A. 94-634, eff. 1-1-06.) (410 ILCS 2/25)Sec. 25. Implementation subject to appropriation. Implementation of this Act is subject to appropriation.
(Source: P.A. 94-634, eff. 1-1-06.)
(410 ILCS 20/1) (from Ch. 111 1/2, par. 4501)Sec. 1. 
		
		This Act may be cited as the
DES Act.
		(Source: P.A. 86-1475.) (410 ILCS 20/2) (from Ch. 111 1/2, par. 4502)Sec. 2. 
		
		As used in this Act, unless the context requires otherwise,"Department" means the Department of Public Health.
		(Source: P.A. 82-783.) (410 ILCS 20/3) (from Ch. 111 1/2, par. 4503)Sec. 3. 
		
		The Department shall serve as a clearinghouse for the dissemination
of information concerning the use and possible side effects of diethylstilbestrol.
The Department may make referrals for screening of those persons or offspring
of persons exposed to diethylstilbestrol in conjunction with providing information.
		(Source: P.A. 82-277.) (410 ILCS 20/4) (from Ch. 111 1/2, par. 4504)Sec. 4. 
		
		(a) The Department may enter into contracts
with providers of health care for the purpose of establishing voluntary regional
screening programs for diethylstilbestrol exposed persons.  In
determining the provider with which to contract, the Department may
consider such provider's compliance with State and federally mandated
standards, the location in relation to the concentration of population
within the area, and the capacity of such provider to properly conduct
such screening program.(b) Each contract for a regional screening program shall be upon
such terms and conditions as the Department determines; provided, that
each such provider shall charge each person receiving services a fee as
determined by the Department pursuant to rule and regulation.  The
amount of such fee as therein provided shall be based on such person's
ability to pay.  When provided, payments from all third party payors
shall be accepted and utilized in securing payment for such services.
		(Source: P.A. 82-277.)
(410 ILCS 201/1)Sec. 1. Short title. This Act shall be cited as the Autism Spectrum Disorders Reporting Act.
(Source: P.A. 94-632, eff. 8-19-05.) (410 ILCS 201/5)Sec. 5. Legislative findings and purpose.(a) The General Assembly finds that:(1)  the incidence of autism spectrum disorders has     increased significantly in Illinois, as in other states;(2)  the Centers for Disease Control and Prevention     estimates that autism spectrum disorders affects 1 in 166 children;(3) autism spectrum disorders affect children of     every racial, ethnic, and socioeconomic background, and occurs in every part of Illinois;(4) little is known about causes of autism, although     research has indicated that autism is due to an abnormality of brain development that may be related to environmental factors, pharmacological agents, and other prenatal or early childhood exposures, genetics or a combination thereof;(5) because there is no biologic marker for autism,     surveillance for this disability presents several technical and logistic challenges that must be overcome;(6)  families of children with autism experience     tremendous psychological and financial stress related to their child's disability;(7)  children with autism require long-term care and     services; special education costs for a child with autism average more than $19,000 per year nationwide, more than 3 times the cost of the average student and more than any other special education category; some specially structured programs cost over $40,000 per year, and care in a residential school costs between $80,000 and $100,000 per year; these costs continue as children become adults, which can be more than $50,000 per person;(8) genetic and environmental factors have been     suggested;(9) there is no known cure for autism, although some     available therapies, treatments, and medicines may relieve the severity and symptoms associated with the disorders;(10) there exists no unified effort to collect and     analyze information on autism spectrum disorders and their potential effects on public health, families, schools, and the economy in Illinois;(11)  the lack of comprehensive information has     caused concern on the part of Illinois citizens and a lack of effective control by the State;(12) it is the obligation of the State to inform and     protect the citizens of Illinois by developing a comprehensive and integrated data system on autism spectrum disorders and public health; and(13) the establishment of an Autism Spectrum Disorder     Registry will help better define who is affected by autism and the impact of autism; define the range of impairments and disability associated with autism; identify better mechanisms to refer persons with autism to available services; and provide a research tool for universities, physicians, and policymakers to conduct studies in Illinois.(b) It is the purpose of this Act to establish a unified statewide project to collect, compile, and correlate information on public health and autism spectrum disorders, to be known as the Autism Spectrum Disorders Registry. The information is to be used to assist in the determination of public policy and to provide a source of information for researchers and the public, except when public disclosure of the information would violate the provisions of this Act and other applicable laws concerning confidentiality.(c) In particular, the purpose of the collection of autism spectrum disorder incidence information is to:(1) monitor incidence trends of autism spectrum     disorders to detect potential public health problems, predict risks, and assist in investigating clusters;(2) more accurately target intervention resources for     communities and patients and their families;(3) inform health professionals and citizens about     risks, early detection, and treatment of autism spectrum disorders;(4) promote high quality research to provide better     information for the study of autism spectrum disorders, treatment, interventions, and services, and the impact of autism spectrum disorders on families, schools, public health, and the economy; and(5) promote Illinois as a national leader in research     into the causes, effects, and treatment of autism spectrum disorders.(Source: P.A. 94-632, eff. 8-19-05.) (410 ILCS 201/10)Sec. 10. Definitions.   In this Act:"Autism spectrum disorder" means a pervasive developmental disorder described by the American Psychiatric Association or the World Health Organization diagnostic manuals as an autistic disorder, atypical autism, Asperger Syndrome, Rett Syndrome, childhood disintegrative disorder, or pervasive developmental disorder not otherwise specified; or a special education classification for autism or other disabilities related to autism."Department" means the Department of Public Health."Director" means the Director of the Department of Public Health."Facility" means a governmental or private agency, department, institution, clinic, laboratory, hospital, or a health maintenance organization, association, or other similar unit designated by the Director."Health care professional" means  a physician licensed to practice medicine in all of its branches under the Illinois Medical Practice Act of 1987 or a clinical psychologist licensed under the Clinical Psychologist Licensing Act.
(Source: P.A. 94-632, eff. 8-19-05.) (410 ILCS 201/15)Sec. 15. Reporting autism spectrum disorders.  A health care professional who diagnoses any individual that resides in the State  with an autism spectrum disorder shall report within 30 days the existence of an autism spectrum disorder diagnosis along with all such additional information as determined in rules promulgated pursuant to this Act. On or before September 1, 2005, the Department of Human Services, Department of Public Aid, and the State Board of Education shall report the existence and content of data compiled by them in the course of their duties pertaining to individuals with autism spectrum disorders.  The annual reports shall be filed on January 1 of each year. The Director shall also promulgate rules and procedures allowing for individuals with autism spectrum disorder and their parents or guardians to voluntarily report their own diagnosis and information.
(Source: P.A. 94-632, eff. 8-19-05.) (410 ILCS 201/20)Sec. 20. Reports; contents, filing, availability for research and public inspection.(a) The reports prescribed in Section 15 of this Act shall be designated an autism spectrum disorder report and shall contain information that the Director considers necessary to identify, locate, and investigate the occurrence, frequency, incidence, cause, effect, and prognosis of autism spectrum disorder and other relevant data and findings.(b) The Director shall promulgate rules regarding the form,
content, and manner of filing the report prescribed in Section 15 of this Act, which shall be submitted to the Department unless otherwise prescribed by the Director. Any rules promulgated by the Director shall contain a specific provision guaranteeing the maintenance of the physician-patient privilege and compliance with all provisions of the Genetic Information Privacy Act.(c) Autism spectrum disorder reports and data shall be maintained by the Department in a manner suitable for use for research purposes and shall be made available to persons as prescribed in Section 25 of this Act.(d) A report or other data relating to autism spectrum disorder that discloses the identity of an individual that was reported as having autism spectrum disorder shall be made available only to persons that demonstrate a need for the report or other data that is essential to health related research and complies with the Illinois Health Statistics Act. No report or data or portion of the data that discloses the identity of the individual  or health care professional shall be made available to the public. This data shall be subject to the provisions of the Communicable Disease Report Act.(e) Nothing in this Section shall mandate the Department to investigate or otherwise follow-up any reported incidence of autism spectrum disorder.(f) Any person making a report under this Act shall have immunity from any liability, civil or criminal, that may result by reason of making the report, except for willful or wanton misconduct.
(Source: P.A. 94-632, eff. 8-19-05.) (410 ILCS 201/25)Sec. 25. Contracts; Autism Spectrum Disorder Registry. 
				The Department may enter into contracts with individuals, corporations, hospitals, universities, not-for-profit corporations, governmental entities, or other organizations whereby such individuals, organizations, or agencies agree to provide assistance in the compilation of the Autism Spectrum Disorder Registry or to conduct research on behalf of the Department consistent with the purposes of this Act. The Director shall adopt rules governing such contracts, which shall include: (i) requirements for a written protocol outlining the purpose and public benefit of the research; (ii) the description, methods, and projected results of the research; (iii) peer review by other scientists; (iv) the methods and facilities to protect the confidentiality of the data; and (v) the qualifications of the researcher proposing to undertake the research.
(Source: P.A. 94-632, eff. 8-19-05.) (410 ILCS 201/30)Sec. 30. Annual progress reports.   The Department shall annually report to the General Assembly beginning September 1, 2005. Beginning  January 1, 2006, the Department shall provide annual progress reports to the Governor and the General Assembly by January 1 of each year. The annual report shall include information on the progress of the Autism Spectrum Disorder Registry, as well as descriptions of any studies which are underway or have been completed, including those performed to determine the potential public health significance of an increase in autism incidence, together with any findings and recommendations. The annual report shall also include a list of those persons, organizations, and agencies which have refused to cooperate with the Department in the collection or transmission of information under this Act.
(Source: P.A. 94-632, eff. 8-19-05.) (410 ILCS 201/32)Sec. 32. Reporting; access to applied behavior analysis. By no later than December 31 of each year the Department of Healthcare and Family Services (HFS) shall submit a report, covering the State fiscal year immediately preceding that date, to the General Assembly regarding access to applied behavior analysis therapy for persons diagnosed with autism spectrum disorder. The report shall include, but is not limited to, the following information:(1) The number of providers enrolled in the Illinois     Medical Assistance Program certified to provide applied behavioral analysis therapy services in the Department of Healthcare and Family Services' fee-for-service or managed care service delivery system, in accordance with administrative rule and Department of Healthcare and Family Services policy.(2) The number of HFS-enrolled children in Illinois     with an autism spectrum disorder diagnosis receiving applied behavior analysis therapy services pursuant to the Department of Healthcare and Family Services' fee-for-service or managed care service delivery system.(3) Subject to data availability, the number of     HFS-enrolled children with an autism spectrum disorder diagnosis for whom applied behavioral analysis therapy services have been recommended or requested, but who are not receiving applied behavioral analysis therapy services.(4) Subject to data availability for HFS-enrolled     children in Illinois with an autism spectrum disorder diagnosis, the number of prior authorization service denials for applied behavioral analysis therapy services and the number of appeals resulting from those denials for applied behavioral analysis therapy services.(5) Recommendations on improving applied behavioral     analysis therapy provider network adequacy and enrollee access.(Source: P.A. 102-1091, eff. 1-1-23.) (410 ILCS 201/33)Sec. 33. Education and outreach materials; autism spectrum disorder. The Department shall develop and distribute education and outreach materials, developed to address common literacy levels, that will inform and educate parents of children with autism spectrum disorder who are enrolled in Medicaid and eligible to receive relevant services and explain how to access those services.
(Source: P.A. 102-1091, eff. 1-1-23.) (410 ILCS 201/35)Sec. 35. Implementation.  The Director shall promulgate rules to implement this Act which fosters the study, research, diminution, and control of autism spectrum disorders in this State. This Act shall be subject to appropriation.
(Source: P.A. 94-632, eff. 8-19-05.) (410 ILCS 201/99)Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 94-632, eff. 8-19-05.)
(410 ILCS 205/1) (from Ch. 23, par. 2331)Sec. 1. 
		
		This Act shall be known as and may be cited as the "Child
Vision and Hearing Test Act".
		(Source: P.A. 81-174.) (410 ILCS 205/2) (from Ch. 23, par. 2332)Sec. 2. 
		
		As used in this Act, unless the context otherwise requires,
the following words and phrases mean:"Department" is the Department of Public Health;"Director" is the Director of the Department of Public Health;"Vision and Hearing Screening Services" are the identification, testing,
evaluation and initiation of follow-up services as defined in the rules
and regulations of the Department and the State Board of Education,
as required by Section 4.
		(Source: P.A. 81-174.) (410 ILCS 205/3) (from Ch. 23, par. 2333)Sec. 3. 
Vision and hearing screening services shall be administered to all
children as early as possible, but no later than their first year in any
public or private education program, licensed day care center or
residential facility for children with disabilities; and periodically
thereafter, to identify those children with vision or hearing impairments
or both so that
such conditions can be managed or treated.
(Source: P.A. 99-143, eff. 7-27-15.) (410 ILCS 205/4) (from Ch. 23, par. 2334)Sec. 4. 
		
		In addition to the program of hearing screening services established
by the Department under this Act, the Department shall establish a program
of vision screening services by January 1, 1980. The Department and the
State Board of Education shall jointly develop
rules and regulations governing
standards, procedures, techniques and criteria for conducting and
administering vision and hearing screening services and shall set standards for the
training and qualifications of personnel to provide such services.
		(Source: P.A. 81-174.) (410 ILCS 205/5) (from Ch. 23, par. 2335)Sec. 5. 
		
		In administering the program of vision and hearing screening services,
the Department shall not replace any qualified existing service, and shall:(a) Provide consulting services, to local health departments, school districts, or
other community agencies who establish or supplement programs for vision
and hearing screening services.(b) Delegate responsibility to other State agencies, local health
departments, school districts, or other community agencies, to develop
and maintain periodic vision and hearing screening services.(c) Provide direct services through contractual arrangement for the
development and maintenance of periodic vision and hearing screening services.(d) Accept reports of vision and hearing evaluations
from qualified medical or
other professional specialists employed by parents or guardians for
vision and hearing evaluations when such reports
are submitted to the Department.
		(Source: P.A. 81-174.) (410 ILCS 205/6) (from Ch. 23, par. 2336)Sec. 6. 
		
		No child shall be required to submit to any test required by
this Act if a parent or a guardian of the child objects on
constitutional grounds, and submits a written statement of such objection to the
agency administering such vision and hearing screening services.
		(Source: P.A. 81-174.) (410 ILCS 205/7) (from Ch. 23, par. 2337)Sec. 7. 
The Director shall appoint a Children's Hearing Services Advisory
Committee and a Children's Vision Services Advisory Committee.  The membership
of each committee shall not exceed 10 individuals.  In making appointments
to the Children's Hearing Services Advisory Committee, the Director shall
appoint individuals with knowledge of or experience in the problems of children with a hearing disability and shall appoint at least 2 licensed
physicians who specialize in the field of otolaryngology and are recommended by
that organization representing the largest number of physicians licensed to
practice medicine in all of its branches in the State of Illinois, and at least
2 audiologists.  In making appointments to the Children's Vision
Services Advisory Committee, the Director shall appoint 2 members
(and one alternate) recommended by the Illinois Society for the Prevention of
Blindness, 2 licensed physicians (and  one alternate) who
specialize in ophthalmology and are recommended by that
organization representing the largest number of physicians licensed to practice
medicine in all of its branches in the State of Illinois, and 2
licensed optometrists (and one alternate) recommended by that organization
representing the largest number of licensed optometrists in the State of
Illinois, as members of the Children's Vision Services Advisory Committee.The Children's Hearing Services Advisory Committee shall advise the
Department in the implementation and administration of the hearing services
program and in the development of rules and regulations pertaining to that
program.  The Children's Vision Services Advisory Committee shall advise the
Department in the development of rules and regulations pertaining to that
program.  Each committee shall select a chairman from its membership and shall
meet at least once in each calendar year.The members of the Advisory Committees shall receive no compensation
for their services; however, the nongovernmental members shall be
reimbursed for actual expenses incurred in the performance of their duties
in accordance with the State of Illinois travel regulations.
(Source: P.A. 99-143, eff. 7-27-15.)
(410 ILCS 210/0.01) (from Ch. 111, par. 4500)Sec. 0.01. Short title. This Act may be cited as the Consent by Minors to Health Care Services Act.
(Source: P.A. 100-378, eff. 1-1-18.) (410 ILCS 210/1) (from Ch. 111, par. 4501)Sec. 1. Consent by minor. The consent to the performance of a health care service
by a physician licensed to practice medicine in all its branches, a chiropractic physician, a licensed optometrist, a licensed advanced practice registered nurse, or a licensed physician assistant executed by a
married person who is a minor, by a parent who is a minor, by a pregnant
woman who is a minor, or by
any person 18 years of age or older, is not voidable because of such
minority, and, for such purpose, a married person who is a minor, a parent
who is a minor, a
pregnant woman who is a minor, or any person 18 years of age or older, is
deemed to have the same legal capacity to act and has the same powers and
obligations as has a person of legal age.
(Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18; 100-513, eff. 1-1-18; 100-863, eff. 8-14-18.) (410 ILCS 210/1.5)Sec. 1.5. Consent by minor seeking care for limited primary care services.(a)  The consent to the performance of primary care services by a physician licensed to practice medicine in all its branches, a licensed advanced practice registered  nurse, a licensed physician assistant, a chiropractic physician, or a licensed optometrist executed by a minor seeking care is not voidable because of such minority, and for such purpose, a minor seeking care is deemed to have the same legal capacity to act and has the same powers and obligations as has a person of legal age under the following circumstances:(1)  the health care professional reasonably believes     that the minor seeking care understands the benefits and risks of any proposed primary care or services; and(2)  the minor seeking care is identified in writing     as a minor seeking care by:(A)  an adult relative;(B)  a representative of a homeless service         agency that receives federal, State, county, or municipal funding to provide those services or that is otherwise sanctioned by a local continuum of care;(C)  an attorney licensed to practice law in this         State;(D)  a public school homeless liaison or school         social worker;(E)  a social service agency providing services         to at risk, homeless, or runaway youth; or(F)  a representative of a religious organization.(b)  A health care professional rendering primary care services under this Section shall not incur civil or criminal liability for failure to obtain valid consent or professional discipline for failure to obtain valid consent if he or she relied in good faith on the representations made by the minor or the information provided under paragraph (2) of subsection (a) of this Section.  Under such circumstances, good faith shall be presumed.(c)  The confidential nature of any communication between a health care professional described in Section 1 of this Act and a minor seeking care is not waived (1)  by the presence, at the time of communication, of any additional persons present at the request of the minor seeking care, (2)  by the health care professional's disclosure of confidential information to the additional person with the consent of the minor seeking care, when reasonably necessary to accomplish the purpose for which the additional person is consulted, or (3) by the health care professional billing a health benefit insurance or plan under which the minor seeking care is insured, is enrolled, or has coverage for the services provided.(d)  Nothing in this Section shall be construed to limit or expand a minor's existing powers and obligations under any federal, State, or local law.  Nothing in this Section affects the right or authority of a parent or legal guardian to verbally, in writing, or otherwise authorize health care services to be provided for a minor in their absence.(e)  For the purposes of this Section:"Minor seeking care" means a person at least 14 years of age but less than 18 years of age who is living separate and apart from his or her parents or legal guardian, whether with or without the consent of a parent or legal guardian who is unable or unwilling to return to the residence of a parent, and managing his or her own personal affairs. "Minor seeking care" does not include minors who are under the protective custody, temporary custody, or guardianship of the Department of Children and Family Services."Primary care services" means health care services that include screening, counseling, immunizations, medication, and treatment of illness and conditions customarily provided by licensed health care professionals in an out-patient setting, eye care services, excluding advanced optometric procedures, provided by optometrists, and services provided by chiropractic physicians according to the scope of practice of chiropractic physicians under the Medical Practice Act of 1987.  "Primary care services" does not include invasive care, beyond standard injections, laceration care, or non-surgical fracture care.
(Source: P.A. 102-1117, eff. 1-13-23.) (410 ILCS 210/2) (from Ch. 111, par. 4502)Sec. 2. Any parent, including a parent who is a minor, may consent to the
performance upon his or her child of a health care service by a
physician licensed to practice medicine in all its branches, a chiropractic physician, a licensed optometrist, a licensed advanced practice registered nurse, or a licensed physician assistant or a dental procedure
by a licensed dentist. The consent of a parent who is a minor shall not be
voidable because of such minority, but, for such purpose, a parent who is a
minor shall be deemed to have the same legal capacity to act and shall have
the same powers and obligations as has a person of legal age.
(Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18; 100-513, eff. 1-1-18; 100-863, eff. 8-14-18.) (410 ILCS 210/3) (from Ch. 111, par. 4503)Sec. 3. (a) Where a hospital, a physician licensed to practice medicine in all its branches, a chiropractic physician, a licensed optometrist, a licensed advanced practice registered nurse, or a licensed physician assistant renders emergency treatment or first aid or a licensed dentist
renders emergency dental treatment to a minor, consent of the minor's parent
or legal guardian need not be obtained if, in the sole opinion of the
physician, chiropractic physician, optometrist,
advanced practice registered nurse, physician assistant,
dentist, or hospital, the obtaining of consent is not reasonably feasible
under the circumstances without adversely affecting the condition of such
minor's health.(b) Where a minor is the victim of a predatory criminal sexual assault of
a child, aggravated criminal sexual assault, criminal sexual assault,
aggravated criminal sexual abuse or criminal sexual abuse, as provided in
Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012, the consent
of the minor's parent or legal guardian need not be obtained to authorize
a hospital, physician, chiropractic physician, optometrist, advanced practice registered nurse, physician assistant, or other medical personnel to furnish health care services
or counseling related to the diagnosis or treatment of any disease or injury
arising from such offense. The minor may consent to such counseling, diagnosis
or treatment as if the minor had reached his or her age of majority. Such
consent shall not be voidable, nor subject to later disaffirmance, because
of minority.
(Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18; 100-513, eff. 1-1-18; 100-863, eff. 8-14-18.) (410 ILCS 210/4) (from Ch. 111, par. 4504)Sec. 4. Sexually transmitted disease; drug or alcohol abuse. 
Notwithstanding any other provision of law, a minor 12 years of
age or older who may have come into contact with any sexually transmitted disease, or
may be determined to be an intoxicated person or a person with a substance use disorder, as defined in the Substance Use Disorder Act, or who
may have a family member who abuses drugs or alcohol, may give consent to
the furnishing of health care services or counseling related to the prevention, diagnosis, or
treatment of the disease. Each incident of sexually transmitted disease shall be
reported to the State Department of Public Health or the local board of
health in accordance with regulations adopted under statute or ordinance.
The consent of the parent, parents, or legal guardian of a minor shall not
be necessary to authorize health care services or counseling related to the
prevention, diagnosis, or treatment of sexually transmitted disease or drug
use or alcohol
consumption by the minor or the effects on the minor of drug or alcohol
abuse by a member of the minor's family. The consent of the minor shall be
valid and binding as if the minor had achieved his or her majority. The
consent shall not be voidable nor subject to later disaffirmance because
of minority.Anyone involved in the furnishing of health services care to the minor or
counseling related to the prevention, diagnosis, or treatment of the minor's disease or
drug or alcohol use by the minor or a member of the minor's family shall,
upon the minor's consent, make reasonable efforts, to involve the family of
the minor in his or her treatment, if the person furnishing treatment
believes that the involvement of the family will not be detrimental to the
progress and care of the minor.  Reasonable effort shall be extended to
assist the minor in accepting the involvement of his or her family in the
care and treatment being given.
(Source: P.A. 100-378, eff. 1-1-18; 100-759, eff. 1-1-19; 101-214, eff. 1-1-20.) (410 ILCS 210/5) (from Ch. 111, par. 4505)Sec. 5. Counseling; informing parent or guardian. Any physician licensed to practice medicine in all its branches, advanced practice registered nurse, or physician assistant,
who
provides diagnosis or treatment or any
licensed clinical psychologist or professionally trained social worker
with a master's degree or any qualified person employed (i) by an
organization licensed or funded by the Department of Human
Services, (ii) by units of local
government, or (iii) by agencies or organizations operating drug abuse programs
funded or licensed by the Federal Government or the State of Illinois
or any qualified person employed by or associated with any public or private
alcoholism or drug abuse program licensed by the State of Illinois who
provides counseling to a minor patient who has come into contact with any
sexually transmitted disease referred to in Section 4 of this
Act may, but shall not be
obligated to, inform the parent, parents, or guardian of the minor as to
the treatment given or needed. Any person described in this Section who
provides counseling to a minor who abuses drugs or alcohol or has a family
member who abuses drugs or alcohol shall not inform the parent, parents,
guardian, or other responsible adult of the minor's condition or treatment
without the minor's consent unless that action is, in the person's
judgment, necessary to protect the safety of the minor, a family member, or
another individual.Any such person shall, upon the minor's consent, make reasonable efforts
to involve the family of the minor in his or her treatment, if the person
furnishing the treatment believes that the involvement of the family will
not be detrimental to the progress and care of the minor.  Reasonable effort
shall be extended to assist the minor in accepting the involvement of his
or her family in the care and treatment being given.
(Source: P.A. 100-378, eff. 1-1-18; 100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
(410 ILCS 212/1)Sec. 1. Short title. This Act may be cited as the Illinois Family Case Management Act.
(Source: P.A. 94-407, eff. 8-2-05.) (410 ILCS 212/5)Sec. 5. Legislative findings and purpose. The General Assembly finds as follows:(1) The statewide rate of infant mortality continues     to remain at an unacceptable level in regard to the national average.(2) Within the State of Illinois, certain areas and     populations continue to experience rates of infant mortality far greater than either the statewide or national averages.  Prevention activities need to be statewide for maximum benefit.(3) Family case management services are proven to be     effective in improving the health of women and infants and lowering the incidence of infant morbidity and mortality,  particularly those individuals linked to the Special Supplemental Nutrition Program for Women, Infants and Children (WIC).(4)  Family case management improves the health and     development of children and families by providing the earliest identification of their needs and promoting linkages to address those needs.(5) Data demonstrates significantly lower Medicaid     expenditures for pregnant and postpartum women and children who have been enrolled in family case management and WIC services than for Medicaid-eligible persons not receiving case management services.Therefore, as a critical component in delivering comprehensive maternal and child health services in Illinois, it is the purpose of this Act to provide for the establishment and recognition of a program of family case management to ensure and provide statewide wrap-around services targeted toward reducing the incidence of infant mortality, very low birthweight infants, and low birthweight infants within the State. 
(Source: P.A. 94-407, eff. 8-2-05.) (410 ILCS 212/10)Sec. 10. Definitions.  In this Act:"Department" means the Illinois Department of Human Services."Eligible participant" means: (i) subject to available appropriations, any pregnant woman or child through the age of one year enrolled in the Medicaid program on the effective date of this Act or whose income is up to 200% of the federal poverty level; and (ii) subject to additional appropriations, any child through the age of 4 years enrolled in Medicaid or whose income is up to 200% of the federal poverty level."Family Case Management program" or "program" means the program established under Section 15 of this Act."Infant mortality rate" means the number of infant deaths per 1,000 live births as reported on a calendar year basis by the federal Department of Health and Human Services."Secretary" means the Secretary of Human Services."Targeted Intensive Case Management" means services provided to any program-eligible pregnant woman or infant through the age of one, where an assessment has been performed that deems the participant at greater risk for infant mortality or morbidity.

(Source: P.A. 94-407, eff. 8-2-05.) (410 ILCS 212/15)Sec. 15. Family Case Management Program.   The Department shall establish and administer a family case management program.  The purposes of the program shall be to reduce the incidence of infant mortality, very low birthweight infants, and low birthweight infants and to assist low-income families to obtain available health and human services needed for healthy growth and development, including but not limited to prenatal care, early periodic screening, diagnosis, and treatment (EPSDT) services, immunizations, lead screenings, nutritional support, and other specialized services for families with additional challenges and needs.  Under the program, case management shall involve individualized assessment of needs, planning of services, referral, monitoring, and advocacy to assist a client in gaining access to appropriate services.  Under the program, case management shall be an active and collaborative process involving a qualified case manager, the client, the client's family, and service providers in the community.  Priority shall be given to ensure that Targeted Intensive Case Management, as defined in this Act, is available to each qualified participant as defined within the Department's rules and program standards.
(Source: P.A. 94-407, eff. 8-2-05.) (410 ILCS 212/20)Sec. 20. (Repealed).
	 
	 (Source: P.A. 94-407, eff. 8-2-05. Repealed by P.A. 99-901, eff. 8-26-16.) (410 ILCS 212/25)Sec. 25. (Repealed).
	 
	 (Source: P.A. 94-407, eff. 8-2-05. Repealed by P.A. 99-901, eff. 8-26-16.) (410 ILCS 212/90)Sec. 90. The Infant Mortality Reduction Act is repealed.
(Source: P.A. 94-407, eff. 8-2-05.) (410 ILCS 212/95)Sec. 95. 
	(Amendatory provisions; text omitted).
	

(Source: P.A. 94-407, eff. 8-2-05; text omitted.) (410 ILCS 212/99)Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 94-407, eff. 8-2-05.)
(410 ILCS 213/1)Sec. 1. Short title. This Act may be cited as the Early Hearing Detection and Intervention Act.
(Source: P.A. 99-834, eff. 8-19-16.) (410 ILCS 213/2)Sec. 2. Definitions. As used in this Act:"Department" means the Department of Public Health."Medical care facility" means a hospital, birthing center, and any other licensed facility that provides obstetrical and newborn nursery services.
(Source: P.A. 99-834, eff. 8-19-16.) (410 ILCS 213/5)Sec. 5. Mandatory hearing screening.(a) Each medical care facility shall conduct bilateral hearing screening of each newborn infant prior to discharge unless medically contraindicated or the infant is transferred to another hospital before the hearing screening  can be completed. If the infant is transferred to another hospital prior to completion of the hearing screening, the hospital to which the infant is transferred shall complete the hearing screening prior to discharge. All medical care facilities shall make provisions for an outpatient screening for infants born outside a medical care facility.(b) The facility performing the hearing screening shall report the results of the hearing screening to the Department within 7 days of screening.If there is no hearing screening result or an infant does not pass the hearing screening in both ears at the same time, the medical care facility shall refer the infant's parents or guardians to a health care practitioner for follow-up, and document and report the referral, including the name of the health care practitioner, to the Department in a format determined by the Department.For infants born outside a medical care facility, the newborn's primary care provider shall refer the patient to a medical care facility for the hearing screening to be done in compliance with this Section within 30 days after birth, unless a different time period is medically indicated.(c) Follow-up to hearing screening includes:(1) for newborns, infants, and children with     confirmed hearing loss, making the audiological, medical, language and communication, aural habilitation, parent-to-parent support, and intervention referrals and documenting the referrals and outcomes to the Department or in the State's designated data system; and(2) for newborns, infants, and children with a     confirmed hearing loss, audiologists, early intervention programs and providers, parent-to-parent support programs, the Department of Human Services, and the University of Illinois at Chicago Division of Specialized Care for Children reporting screening, diagnosis, amplification, and intervention outcomes to the Department. (Source: P.A. 99-834, eff. 8-19-16.) (410 ILCS 213/10)Sec. 10. Reports to Department of Public Health. Physicians, advanced practice registered nurses, physician assistants, otolaryngologists, audiologists, ancillary health care providers, early intervention programs and providers, parent-to-parent support programs, the Department of Human Services, and the University of Illinois at Chicago Division of Specialized Care for Children shall report all hearing testing, medical treatment, and intervention outcomes related to newborn hearing screening or newly identified hearing loss for children birth through 6 years of age to the Department.  Reporting shall be done within 7 days after the date of service or after an inquiry from the Department. Reports shall be in a format determined by the Department.
(Source: P.A. 99-834, eff. 8-19-16; 100-513, eff. 1-1-18.) (410 ILCS 213/15)Sec. 15. Department of Public Health to maintain registry of cases. The
Illinois Department of Public Health shall maintain a registry documenting screening, diagnosis, and intervention of cases of
positive hearing screening results, including information needed for the
purpose of follow-up services.
(Source: P.A. 99-834, eff. 8-19-16.) (410 ILCS 213/20)Sec. 20. (Repealed).
	 
	 (Source: P.A. 91-67, eff. 7-9-99. Repealed by P.A. 99-834, eff. 8-19-16.) (410 ILCS 213/23)Sec. 23. Information sharing.(a) For the purposes of documentation and coordination of medical care or intervention services, the Department may share newborn hearing screening information with medical care facilities, health care providers, early intervention programs and providers, local health departments, the Department of Human Services, and the University of Illinois at Chicago Division of Specialized Care for Children.(b) For the purposes of documentation and coordination of medical care or intervention services, medical care facilities, health care providers, early intervention programs and providers, local health departments, the Department of Human Services, and the University of Illinois at Chicago Division of Specialized Care for Children shall submit information or reports about newborn, infant, and child hearing screening and diagnostic testing, follow-up services, intervention, and parent support services to the Department. Documentation is only required to be provided for those services provided.  Reporting shall be done within 7 days of the date of service or an inquiry from the Department. Reports shall be in a format determined by the Department. Reports by medical care facilities shall be in accordance with only subsections (a) and (b) of Section 5.(c) Except in cases of willful or wanton misconduct, no health care provider, hospital, or medical facility acting in compliance with this Section shall be civilly or criminally liable for any act performed in compliance with this Section, including furnishing information required according to this Section. 
(Source: P.A. 99-834, eff. 8-19-16.) (410 ILCS 213/25)Sec. 25. 
		Objections to test. 
		The provisions of this Act shall not apply
when the parent or guardian of the newborn infant objects to hearing screening
on the grounds that the screening conflicts with his or her religious beliefs
and practices.  A written statement of the objection shall be presented to the
physician or other person whose duty it is to administer and report the
screening under the provisions of this Act.
		(Source: P.A. 91-67, eff. 7-9-99.) (410 ILCS 213/30)Sec. 30. Rules. The Department shall adopt rules
necessary to implement this Act.
(Source: P.A. 99-834, eff. 8-19-16.) (410 ILCS 213/99)Sec. 99. 
		Effective date. 
		This Act takes effect upon becoming law.
		(Source: P.A. 91-67, eff. 7-9-99.)
(410 ILCS 215/0.01) (from Ch. 111 1/2, par. 4700)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Infant Eye Disease Act.
		(Source: P.A. 86-1324.) (410 ILCS 215/1) (from Ch. 111 1/2, par. 4701)Sec. 1. 
		
		That any diseased condition of
the eye, or eyes of any infant in which there is any inflammation,
swelling or redness in either one or both eyes of any such infant,
either apart from or together with any unnatural discharge from the eye,
or eyes of such infant, at any time within two weeks after the birth of
such infant, shall, independent of the nature of the infection, be known
as ophthalmia neonatorum.
		(Source: Laws 1915, p. 366.) (410 ILCS 215/2) (from Ch. 111 1/2, par. 4702)Sec. 2. 
		
		It shall be the duty of any physician, surgeon, obstetrician,
midwife, nurse, maternity home or hospital, of any nature or parent
assisting in any way whatsoever, any woman at childbirth, or assisting
in any way whatsoever any infant, or the mother of any infant, at any
time within two weeks after childbirth, observing or having a reasonable
opportunity to observe the condition herein defined, and within six
hours thereafter, to report in writing or by telephone followed by a
written report such fact to the local health authorities of the city,
town, village or other political division as the case may be, in which
the mother of any such infant may reside: Provided, that such reports
and the records thereof shall be deemed privileged information and shall
not be open to the public.
		(Source: Laws 1915, p. 366.) (410 ILCS 215/3) (from Ch. 111 1/2, par. 4703)Sec. 3. 
		
		It is the duty of all maternity homes and any and all
hospitals or places where women resort for purposes of childbirth, to
post and keep posted in conspicuous places in their institution, copies
of this act, and to instruct persons professionally employed in such
homes, hospitals and places regarding their duties under this act, and
to maintain such records of cases of ophthalmia neonatorum in the manner
and form prescribed by the Department of Public Health.It shall be the duty of any physician, midwife or nurse who attends
or assists at the birth of a child, to instill or have instilled in each
eye of the new born baby, as soon as possible and not later than one
hour after birth, a one per cent (1%) solution of silver nitrate or some
other equally effective prophylactic for the prevention of ophthalmia
neonatorum approved by the State Department of Public Health.
		(Source: Laws 1933, p. 714.) (410 ILCS 215/4) (from Ch. 111 1/2, par. 4704)Sec. 4. 
		The local health officer shall:(1) Investigate, in so far as that can be done without entering into
the home or interfering with the child in any way without first securing
the consent of the parents or guardian of such child, each case of
ophthalmia neonatorum reported to him, and any other such case as may
come to his attention.(2) Report all cases of ophthalmia neonatorum and the results of all
such investigations as he may make, to the Department of Public Health
in the manner and form prescribed by said Department.
		(Source: Laws 1943, vol. 1, p. 909.) (410 ILCS 215/5) (from Ch. 111 1/2, par. 4705)Sec. 5. 
		The Department of Public Health shall:(1) enforce the provisions of this Act;(2) provide for the gratuitous distribution of a     scientific prophylactic for ophthalmia neonatorum, together with proper directions for the use and administration thereof, to all physicians and midwives authorized by law to attend at the birth of any child;(3) have printed and published for distribution     throughout the State advice and information concerning the dangers of ophthalmia neonatorum and the necessity for the prompt and effective treatment thereof;(4) furnish similar advice and information, together     with copies of this law, to all physicians, midwives, and others authorized by law to attend at the birth of any child;(5) prepare appropriate report blanks and furnish     them to all local health officers for distribution to physicians and midwives free of charge;(6) report any and all violations of this Act to the     prosecuting attorney of the district wherein the violation is committed.		(Source: P.A. 90-655, eff. 7-30-98.) (410 ILCS 215/6) (from Ch. 111 1/2, par. 4706)Sec. 6. 
		
		Any collusion between any official and any person, or between any
others herein named, to misstate or conceal any facts which under this
Act are essential to report correctly any case of ophthalmia neonatorum,
shall likewise constitute a Class A misdemeanor, and any person upon
conviction thereof, shall suffer a penalty such as is hereinafter
provided.
		(Source: P.A. 77-2830.) (410 ILCS 215/7) (from Ch. 111 1/2, par. 4707)Sec. 7. 
		
		It shall be the duty of the State's Attorney for the proper
district to prosecute for all misdemeanors as herein prescribed.
		(Source: Laws 1915, p. 366.) (410 ILCS 215/8) (from Ch. 111 1/2, par. 4708)Sec. 8. 
		
		Any person violating any of the provisions of this act shall
be guilty of a misdemeanor and shall be guilty of a Class B misdemeanor.
		(Source: P.A. 77-2716.)
(410 ILCS 221/1)Sec. 1. Short title. This Act may be cited as the Advisory Board for the Maternal and Child Health Block Grant Programs Act.
(Source: P.A. 99-901, eff. 8-26-16.) (410 ILCS 221/5)Sec. 5. Legislative findings and purpose. The General Assembly finds the following:(1)   The people of Illinois continue to experience     and bear the consequences of unacceptable rates of low birth weight, infant mortality, maternal mortality, child and adolescent health problems, including obesity and teen pregnancy, and disparities among racial and ethnic groups with regard to maternal and child health.(2)   The resolution of these challenges requires an     approach that considers the health of the entire population and directs resources to high-risk groups based on epidemiological analysis in order to prevent disability, disease, death, or other adverse circumstance, or what may be termed a public health approach.(3)    The General Assembly began the transfer of     maternal and child health programs from the Department of Human Services to the Department of Public Health through the budget for State fiscal year 2014.Therefore, it is the purpose of the new and amendatory provisions of this Act to complete the transfer of programs and responsibility for direction of Illinois' Maternal and Child Health Block Grant to the Department of Public Health and to complete the transfer of certain statutory authority and regulations from the Department of Human Services to the Department of Public Health, which has already begun through the budget for State fiscal year 2016.
(Source: P.A. 99-901, eff. 8-26-16.) (410 ILCS 221/10)Sec. 10. Definitions. As used in this Act:"Board" means the Advisory Board for the Maternal and Child Health Block Grant Programs."Department" means the Department of Public Health."Director" means the Director of Public Health.

(Source: P.A. 99-901, eff. 8-26-16.) (410 ILCS 221/15)Sec. 15. Advisory Board for the Maternal and Child Health Block Grant Programs.(a)   The Advisory Board for the Maternal and Child Health Block Grant Programs is created within the Department to advise the Department on programs and activities related to maternal and child health in the State of Illinois.The Board shall consist of the Director's designee responsible for maternal and child health programs, who shall serve as the Chair of the Board; the Department's Title V administrator, if the Director's designee is not serving in the capacity of  Title V Director at the Department; one representative each from the Department of Children and Family Services, the Department of Human Services, and the Department of Healthcare and Family Services, appointed by the Director or Secretary of each Department; the Director of the University of Illinois at Chicago's Division of Specialized Care for Children; 4 members of the General Assembly, one each appointed by the President and Minority Leader of the Senate and the Speaker and Minority Leader of the House of Representatives; and 20 additional members appointed by the Director.Of the members appointed by the Director:(1)   Two shall be physicians licensed to practice     medicine in all of its branches who currently serve patients enrolled in maternal and child health programs funded by the State of Illinois, one of whom shall be an individual with a specialty in obstetrics and gynecology and one of whom shall be an individual with a specialty in pediatric medicine;(2)    Sixteen shall be persons with expertise in one     or more of the following areas, with no more than 3 persons from each listed area of expertise and with preference given to the areas of need identified by the most recent State needs assessment: the health of women, infants, young children, school-aged children, adolescents, and children with special health care needs;  public health; epidemiology; behavioral health; nursing; social work; substance abuse prevention; juvenile justice; oral health; child development; chronic disease prevention; health promotion; and education; 5 of the 16 members  shall represent organizations that provide maternal and child health services with funds from the Department; and(3)   either 2 consumers who have received services     through a Department-funded maternal and child health program, 2 representatives from advocacy groups that advocate on behalf of such consumers, or one such consumer and one such representative of an advocacy group.Members appointed by the Director shall be selected to represent the racial, ethnic, and geographic diversity of the State's population and shall include representatives of local health departments, other direct service providers, and faculty of the University of Illinois at Chicago School of Public Health Center of Excellence in Maternal and Child Health.Legislative members shall serve during their term of office in the General Assembly. Members appointed by the Director shall serve a term of 4 years or until their successors are appointed.Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of such term. Members of the Board shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties.(b)    The Board shall advise the Director on improving the well-being of mothers, fathers, infants, children, families, and adults, considering both physical and social determinants of health, and using a life-span approach to health promotion and disease prevention in the State of Illinois. In addition, the Board shall review and make recommendations to the Department and the Governor in regard to the system for maternal and child health programs, collaboration, and interrelation between and delivery of programs, both within the Department and with related programs in other departments. In performing its duties, the Board may hold hearings throughout the State and advise and receive advice from any local advisory bodies created to address maternal and child health.(c)    The Board may offer recommendations and feedback regarding the development of the State's annual Maternal and Child Health Services Block Grant application and report as well as the periodic needs assessment.

(Source: P.A. 99-901, eff. 8-26-16.) (410 ILCS 221/90)Sec. 90. (Amendatory provisions; text omitted).
(Source: P.A. 99-901, eff. 8-26-16; text omitted.) (410 ILCS 221/95)Sec. 95. The Illinois Family Case Management Act is amended  by repealing Sections 20 and 25.
(Source: P.A. 99-901, eff. 8-26-16.) (410 ILCS 221/100)Sec. 100. (Amendatory provisions; text omitted).
(Source: P.A. 99-901, eff. 8-26-16; text omitted.) (410 ILCS 221/110)Sec. 110. (Amendatory provisions; text omitted).
(Source: P.A. 99-901, eff. 8-26-16; text omitted.) (410 ILCS 221/999)Sec. 999. Effective date. This Act takes effect upon becoming law. 
(Source: P.A. 99-901, eff. 8-26-16.)
(410 ILCS 223/1)Sec. 1. Short title. This Act may be cited as the Newborn Eye Pathology Act.
(Source: P.A. 94-631, eff. 8-19-05.) (410 ILCS 223/5)Sec. 5. Policy. It is the policy of the State of Illinois to make efforts to detect pediatric congenital ocular abnormalities that lead to premature death, blindness, or vision impairment unless treated soon after birth.

(Source: P.A. 94-631, eff. 8-19-05.) (410 ILCS 223/10)Sec. 10. Newborn Eye Pathology Advisory Committee.(a) By January 1, 2006, the Department of Public Health shall organize a Newborn Eye Pathology Advisory Committee and appoint members of the Advisory Committee, including, but not limited to, the following:(1) Three ophthalmologists with backgrounds in or     knowledge of providing services to infants with retinoblastoma, one from the Chicago metropolitan area, one representing DuPage, Kane, Lake, McHenry, and Will counties, and one from the southern counties of Illinois.(2) A pediatric ophthalmologist who sees general     pediatric patients and is a  designee of the American Association for Pediatric Ophthalmology and Strabismus.(3) An academic pediatrician with a background in or     knowledge of infant eye pathology.(4) Three parents representing families with child     blindness or other ocular abnormalities affecting vision, one from the Chicago metropolitan area, one representing DuPage, Kane, Lake, McHenry, and Will counties, and one from the southern counties of Illinois.(5) Two community pediatricians.(6) A nurse with a background in or knowledge of the     current Department's program for instillation of eye drops to prevent conjunctivitis.(7) A retinal specialist with research experience in     detecting the signs of treatable congenital eye disease.(8) An optometrist with a background in or experience     with pupil dilation in infants and red reflex screening for intraocular pathology.(b) The Advisory Committee members shall serve without compensation, but shall be reimbursed for necessary travel expenses incurred in the performance of their duties.(c) The duties of the Advisory Committee shall be to do all of the following:(1) Develop and conduct training for hospitals     implementing newborn eye pathology.(2) Develop a referral system for early intervention     services for those infants diagnosed with a congenital abnormality of the eye.(3) Develop educational and informational materials     for hospital personnel, health care professionals, and parents on appropriate follow-up procedures for infants diagnosed with a congenital abnormality of the eye.(4) Monitor any reports made available to the State     with respect to the eye pathology status of all newborns.(Source: P.A. 94-631, eff. 8-19-05.) (410 ILCS 223/15)Sec. 15. Department of Public Health.(a) All hospitals shall report information on all congenital abnormalities or diseases of the eye detected in newborns to the Department of Public Health.  Reports shall be made to the Department's Adverse Pregnancy Outcomes Reporting System.(b) The Department of Public Health shall maintain a registry of cases of reported congenital abnormalities or diseases of the eye in newborns, including information needed for the purpose of follow-up service. This information shall be treated in the same manner as information under the Communicable Disease Report Act.(c) Any person or hospital making a report  under this Act shall have immunity from any liability, civil or criminal, that may result by reason of making the report, except for willful or wanton misconduct.
(Source: P.A. 94-631, eff. 8-19-05.) (410 ILCS 223/20)Sec. 20. Rules. The Department of Public Health shall adopt rules necessary to implement this Act.
(Source: P.A. 94-631, eff. 8-19-05.) (410 ILCS 223/99)(This Act was approved by the Governor on August 19, 2005, so the actual effective date of this Act is August 19, 2005)Sec. 99. Effective date. This Act takes effect July 1, 2005.
(Source: P.A. 94-631, eff. 8-19-05.)
(410 ILCS 225/1) (from Ch. 111 1/2, par. 7021)Sec. 1. 
		Short title. 
		This Act shall be known and may be cited as
the Prenatal and Newborn Care Act.
		(Source: P.A. 86-860.) (410 ILCS 225/2) (from Ch. 111 1/2, par. 7022)Sec. 2. Definitions. As used in this Act, unless the context otherwise
requires:"Advanced practice registered nurse" or "APRN" means an advanced practice registered nurse licensed under the Nurse Practice Act."Department" means the Illinois Department of Human Services."Early and Periodic Screening, Diagnosis and Treatment (EPSDT)" means
the provision of preventative health care under 42 C.F.R. 441.50 et seq.,
including medical and dental services, needed to assess growth and
development and detect and treat health problems."Hospital" means a hospital as defined under the Hospital Licensing Act."Local health authority" means the full-time official health
department or board of health, as recognized by the Illinois Department
of Public Health, having
jurisdiction over a particular area."Nurse" means a nurse licensed under the Nurse Practice Act."Physician" means a physician licensed to practice medicine in all of
its branches."Physician assistant" means a physician assistant licensed under the Physician Assistant Practice Act of 1987."Postnatal visit" means a visit occurring after birth, with
reference to the newborn."Prenatal visit" means a visit occurring before birth."Program" means the Prenatal and Newborn Care Program established
pursuant to this Act.
(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.) (410 ILCS 225/3) (from Ch. 111 1/2, par. 7023)Sec. 3. 
		Prenatal and Newborn Care Program. 
		The Department shall, subject to
appropriations made available for this purpose,
establish and operate the Prenatal and Newborn Care Program pursuant to
this Act and  promulgate any rules which it deems necessary for the
implementation of this Act.
		(Source: P.A. 89-507, eff. 7-1-97.) (410 ILCS 225/4) (from Ch. 111 1/2, par. 7024)Sec. 4. 
		Program administration. 
		The Department may administer this
program through grants or contracts to local health authorities or private
nonprofit agencies.
		(Source: P.A. 86-860.) (410 ILCS 225/5) (from Ch. 111 1/2, par. 7025)Sec. 5. 
		Application and eligibility requirements.(a) Any person
requesting program benefits shall be afforded the opportunity to apply for
such benefits.  The application shall be filed at a place designated by the Department.(b) Program benefits may be provided to or on behalf of any person:
(1) who has been medically diagnosed as pregnant, and who is living in this
State voluntarily with the intention of making it her home and not for a
temporary purpose; and, (2) who meets the financial eligibility
requirements of the Department as set forth in rules promulgated pursuant
to this Act.  Such rules shall provide that any person will be eligible
with a gross income that equals or is less than the nonfarm income official
poverty line, as determined by the federal Office of Management and Budget
and revised annually in accordance with Section 673(2) of the Omnibus
Reconciliation Act of 1981.  The Department may establish financial
eligibility requirements for income levels above the official federal
poverty line.  Temporary absence from this State, with an intent to return,
shall not render a person ineligible for benefits.(c) No person receiving aid under Article V of The Illinois Public Aid
Code shall be eligible for program benefits.(d) No person detained in a Federal, State or local correctional facility
as a result of being charged with or convicted of a criminal offense shall
be eligible for program benefits.
		(Source: P.A. 86-860.) (410 ILCS 225/6) (from Ch. 111 1/2, par. 7026)Sec. 6. Covered services.(a) Covered services under the program may
include, but are not necessarily limited to, the following:(1) Laboratory services related to a recipient's     pregnancy, performed or ordered by a physician, advanced practice registered nurse, or physician assistant.(2) Screening and treatment for sexually transmitted     disease.(3) Prenatal visits to a physician in the physician's     office, an advanced practice registered nurse in the advanced practice registered nurse's office, a physician assistant in the physician assistant's office, or to a hospital outpatient prenatal clinic, local health department maternity clinic, or community health center.(4) Radiology services which are directly related to     the pregnancy, are determined to be medically necessary and are ordered by a physician, an advanced practice registered nurse, or a physician assistant.(5) Pharmacy services related to the pregnancy.(6) Other medical consultations related to the     pregnancy.(7) Physician, advanced practice registered nurse,     physician assistant, or nurse services associated with delivery.(8) One postnatal office visit within 60 days after     delivery.(9) Two EPSDT-equivalent screenings for the infant     within 90 days after birth.(10) Social and support services.(11) Nutrition services.(12) Case management services.(b) The following services shall not be covered under the program:(1) Services determined by the Department not to be     medically necessary.(2) Services not directly related to the pregnancy,     except for the 2 covered EPSDT-equivalent screenings.(3) Hospital inpatient services.(4) Anesthesiologist and radiologist services during     a period of hospital inpatient care.(5) Physician, advanced practice registered nurse,     and physician assistant hospital visits.(6) Services considered investigational or     experimental.(Source: P.A. 100-513, eff. 1-1-18.) (410 ILCS 225/7) (from Ch. 111 1/2, par. 7027)Sec. 7. Advisory board consultation. The Department shall consult
with the Maternal and Child Health Advisory Board under the Advisory Board for the Maternal and Child Health Block Grant Programs Act regarding the
implementation of this program.  In addition, the Board shall advise the
Department on the coordination of services provided under this program with
services provided under the Illinois Family Case Management Act and the Problem
Pregnancy Health Services and Care Act.
(Source: P.A. 99-901, eff. 8-26-16.) (410 ILCS 225/8)Sec. 8. Educational information on risks and healthcare needs of premature infants.(a) It is the purpose of this Section to:(1) improve healthcare quality and outcomes for     infants born preterm through enhanced hospital discharge, follow-up care, and management processes and reduced rehospitalization from infectious disease and other complications; and(2) reduce infant morbidity and mortality associated     with prematurity.(b) The General Assembly  finds the following:(1) Infants born premature at less than 37 weeks     gestational age have greater morbidity and mortality than full-term infants.(2) In 2006, 12.8% of all births in the United States     were premature, accounting for more than 542,000 infants.(3) In Illinois, 1 in 8 babies were born premature in     2006, or 13.3% of live births, accounting for 23,955 premature births.(4) Between 1996 and 2006, the rate of infants born     premature in Illinois increased nearly 15%.(5) The rate of premature birth in Illinois is     highest in African American infants, 19.3%, followed by Native Americans, 15.6%, Hispanics, 12.1%, and Caucasians, 11.9%.(6) Approximately 70% of premature births occur in     the late preterm period between 34 and 36 weeks of gestation, and late-preterm babies have significant differences in clinical outcomes than full-term infants, including greater risk for temperature instability, hypoglycemia, respiratory distress, and jaundice.(7) In 2005, preterm birth cost the United States at     least $26.2 billion, or $51,600 for every infant born prematurely.(8) Medical costs for premature babies are greater     than they are for healthy newborns.  In 2007, the average medical costs for a preterm baby were more than 10 times as high as they were for a healthy full-term baby.  The costs for a healthy baby from birth to his first birthday were $4,551.  For a pre-term baby, the costs were $49,033.(9) The costs of premature birth in Illinois may be     significant because the State Medicaid Program paid for 40% of all births in 2003.(10) Premature infant standard of care practices of     clinicians and hospitals may vary across the State, particularly for late preterm births.(c)  The Department of Public Health shall publish on its website information about the possible health complications associated with newborn infants who are born premature at less than 37 weeks gestational age and the  proper care and support for these newborn infants.  The written information shall, at a minimum, include the following:(1) The unique health issues affecting infants born     premature, such as increased risk of developmental problems; nutritional challenges; infection; chronic lung disease (bronchopulmonary dysplasia); vision and hearing impairment; breathing problems; feeding; maintaining body temperature; jaundice; hyperactivity; infant mortality as well as long-term complications associated with growth and nutrition; respiratory problems; fine motor skills; reading; and speaking.(2) The proper care needs of premature infants,     developmental screenings, and monitoring and healthcare services available to premature infants through the Medicaid program or other public or private health programs.(3) Methods, vaccines, and other preventative     measures to protect premature infants from infectious diseases, including viral respiratory infections.(4) The emotional and financial burdens and other     challenges that parents and family members of premature infants experience and information about community resources available to support them.(d)  The information shall be easily accessible and written in clear language to educate parents of premature infants across a variety of socioeconomic statuses.(e) In determining what information is most beneficial to the public, the Department may consult with pediatric healthcare providers, community organizations, or other experts as the Department deems necessary.(f)  The Department shall ensure that the information is accessible to children's health providers, maternal care providers, hospitals, public health departments, and medical organizations. The Department shall encourage those organizations to provide the publications to parents or guardians of premature infants.
(Source: P.A. 96-1117, eff. 7-20-10.) (410 ILCS 225/9)Sec. 9. The Illinois Department of Healthcare and Family Services; consultation; data reporting.(a) The Illinois Department of Healthcare and Family Services, which administers the Illinois Medicaid Program and the Covering ALL KIDS Health Insurance  Program, shall consult with statewide organizations focused on premature infant healthcare in order to:(1) examine and improve hospital discharge and     follow-up care procedures for premature infants born earlier than 37 weeks gestational age to ensure standardized and coordinated processes are followed as premature infants leave the hospital from either a Level 1 (well baby nursery), Level 2 (step down or transitional nursery), or Level 3 (neonatal intensive care unit) unit and transition to follow-up care by a health care provider in the community; and(2) use guidance from the Centers for Medicare and     Medicaid Services' Neonatal Outcome Improvement Project to implement programs to improve newborn outcome, reduce newborn health costs, and establish ongoing quality improvement for newborns.(b) In consultation with statewide organizations representing hospitals, the Department of Public Health shall consider mechanisms to collect discharge data for purposes of analyzing readmission rates of certain premature infants. 
(Source: P.A. 96-1117, eff. 7-20-10.)
(410 ILCS 230/Art. I heading) ARTICLE I.  
		SHORT TITLE (410 ILCS 230/1-100) (from Ch. 111 1/2, par. 4601-100)Sec. 1-100. 
		
		This Act may be cited as the  Problem Pregnancy
Health Services
and Care Act.
		(Source: P.A. 86-1475.)
(410 ILCS 230/Art. II heading) ARTICLE II.  
		LEGISLATIVE DECLARATION. (410 ILCS 230/2-100) (from Ch. 111 1/2, par. 4602-100)Sec. 2-100. 
		(A)  The General Assembly finds:(1) The problems of problem pregnancy and parenthood are multiple and
complex and are best approached through a variety of integrated and essential services;(2) Such services, including a wide array of educational and supportive
services often are not available to persons who need them, or are available
but fragmented and thus of limited effectiveness in preventing pregnancies
and future welfare dependency.(3) State policy therefore should encourage the development of appropriate
health, educational, and social services where they are now lacking or inadequate,
and the better coordination of existing services where they are available,
in order to assist problem pregnancies and to help those
people in need to become productive independent contributors to family and
community life.(B) It is, therefore, the purpose of this Act:(1) To establish better linkages among existing programs in order to expand
and improve the availability of, and access to, needed comprehensive community
services which assist problem pregnancies and to obtain proper care and
assistance to those persons in
need to become productive independent contributors to family and
community life;(2) To expand the availability of community services that are essential
to that objective; and(3) To promote innovative, comprehensive and integrated approaches to
the delivery of such services.
		(Source: P.A. 81-1106.)
(410 ILCS 230/Art. III heading) ARTICLE III.  
		DEFINITIONS (410 ILCS 230/3-100) (from Ch. 111 1/2, par. 4603-100)Sec. 3-100. 
		
		For purposes of this Act the words and phrases defined in
this Article shall have the meanings ascribed to them in this Article unless
the context requires otherwise.
		(Source: P.A. 81-1509.) (410 ILCS 230/3-101) (from Ch. 111 1/2, par. 4603-101)Sec. 3-101. 
		"Department" means the Department of Human Services. 
		(Source: P.A. 89-507, eff. 7-1-97.) (410 ILCS 230/3-102) (from Ch. 111 1/2, par. 4603-102)Sec. 3-102. 
		"Secretary" means the Secretary of Human Services. 
		(Source: P.A. 89-507, eff. 7-1-97.)
(410 ILCS 230/Art. IV heading) ARTICLE IV.  
		AUTHORITY TO MAKE GRANTS (410 ILCS 230/4-100) (from Ch. 111 1/2, par. 4604-100)Sec. 4-100. 
The Department may make grants to nonprofit agencies and organizations
 which coordinate and establish linkages among services that will further
the purposes of this Act and, where appropriate, will provide,
supplement, or improve the quality of such services.
(Source: P.A. 100-538, eff. 1-1-18.) (410 ILCS 230/4-101) (from Ch. 111 1/2, par. 4604-101)Sec. 4-101. 
		(A) Funds provided under this Act may be used by grantees to:(1) Link services to-(a) assist problem pregnancies, and(b) assist those who are pregnant or who have         already had their babies to obtain proper care and become productive and independent contributors to family and community life;(2) Identify and provide access to other services to     help assist problem pregnancy and assist those persons in becoming productive and independent contributors to family and community life;(3) Supplement services and care not adequate in the     community which are essential to assist problem pregnancy and to assist those in need in becoming productive and independent contributors to family and community life;(4) Provide technical assistance to enable other     communities to develop successful problem pregnancy prevention and pregnancy-related programs for those in need, however, no person shall, under the authority of this Act, dispense oral contraceptives or other birth control devices or medication;(5) Provide training (but not including institutional     training or training and assistance provided by consultants) to providers of services, including skills in multi-disciplinary approaches to problem pregnancy-related services and in the provision of such services.(B) For purposes of this Act, projects which link services
means projects which enable the provision of a comprehensive set of services
in a single setting or establish a well-coordinated network of services
in a community, including outreach, the making available of services in
a convenient manner and in easily accessible locations, and follow-up to
assure that those persons in need are receiving appropriate assistance.
The services which may be included in such projects include education at
the community level concerning sexuality and the responsibilities of
parenthood,
health, mental health, nutrition, education, vocational, and employment
counseling, prenatal and postpartum health care, residential care and pregnant
adolescents, and services to enable pregnant adolescents to remain in school
or to continue their education.(C) Grantees may not establish income eligibility requirements
for services paid for with funds under this Act, but grantees shall ensure
that priority is given to the objective of making such services available
to those persons in need at risk of initial or repeat pregnancies who are
not able to obtain needed assistance through other means.(D) Grantees may charge fees for services paid for with funds
under this Act, but only pursuant to a fee schedule, approved by the
Secretary
as a part of the application described in Section 4-103, which bases fees
charged by the grantee on the income of the service recipients and takes
account of the difficulty some persons face in obtaining resources to pay for
services.(E) Except as provided in this subsection, in no case may
a grantee under this Act use in excess of 50 per centum of its grant under
this Act in any year to cover any part of the cost of services.  The
Secretary
may grant a waiver of the limitation specified in the preceding sentence
in accordance with criteria to be specified in regulations.
		(Source: P.A. 89-507, eff. 7-1-97.) (410 ILCS 230/4-102) (from Ch. 111 1/2, par. 4604-102)Sec. 4-102. 
		
		(A)  In approving applications for grants under this Act,
the Secretary shall give priority to applicants who:(1) serve an area where there is a high incidence of     adolescent and problem pregnancy;(2) show evidence of having the ability to bring     together a wide range of needed services in comprehensive single-site projects, or to establish a well integrated network of outreach to, and services for, problem pregnancies;(3) will utilize, as a base, existing programs and     facilities, such as neighborhood and primary health care centers, children and youth centers, maternal and infant health centers, school educational programs, mental health programs, nutrition programs, recreation programs, and other ongoing problem pregnancy-related services;(4) make use, to the maximum extent feasible, of     other federal, state and local funds, programs, contributions, and other third party reimbursements;(5) can demonstrate a community commitment to the     program by making available to the project nonfederal funds, personnel, and facilities;(6) have involved the community to be served,     including public and private agencies, in the planning and implementation of the project.(B) The amount of a grant under this Act shall be determined by the
Secretary,
based on factors such as the incidence of problem pregnancy in the geographic
area to be served, and the adequacy of problem pregnancy-related services
in the area to be served.(1) The grant may cover not to exceed 70 per centum     of the costs of a project assisted under this Act for the first and second years of the project. Subject to paragraph (2), in each year succeeding the second year of the project the amount of the State grant under this Act shall decrease by no less than ten percent of the amount of the State grant under this Act in the preceding year.(2) The Secretary may waive the limitation specified     in the preceding paragraph in any year in accordance with criteria to be specified in regulations.		(Source: P.A. 89-507, eff. 7-1-97.) (410 ILCS 230/4-103) (from Ch. 111 1/2, par. 4604-103)Sec. 4-103. 
		
		An application for a grant under this Act shall be
in such form and contain such information as the Secretary may
require, but must include:(1) an identification of the incidence of a problem and/or adolescent
pregnancy and related problems;(2) a description of the economic conditions and income levels in the
geographic area to be served;(3) a description of existing problem pregnancy-related services, including
where, how, by whom and to whom they are provided, and the extent to which
they are coordinated in the geographic area to be served;(4) a description of the major unmet needs for services for these persons
at risk of initial or repeat problem pregnancies, the number of persons
currently served in the area, and the number of persons not being served in the
area;(5) a description of certain core services to be included in the project
or provided by the grantee, to whom they will be provided, how they will
be linked, and their source of funding, to include some, but not necessarily
all, of the following:(a) health and mental counseling;(b) vocational counseling;(c) educational services, which supplement regular     school programs, to help prevent adolescent pregnancy and to assist pregnant adolescents and adolescent parents to remain in school or to continue their education;(d) primary and preventive health services including     pre- and post-natal care; and(e) nutritional services, and nutritional information     and counseling;(6) a description of how those persons needing services other than those
provided directly by the grantee will be identified and how access and
appropriate
referral to those services (such as Medicaid; public assistance; employment
services; infant, day and drop-in care services for adolescent parents;
and other city, county and State programs related to problem pregnancy)
will be provided;(7) a description of any fee schedule to be used for any services provided
directly by the grantee and the method by which it was derived;(8) a description of all the services and activities to be linked, the
results expected from the provision of such services and activities, and
a description of the procedures to be used for evaluating those results.
		(Source: P.A. 89-507, eff. 7-1-97.)
(410 ILCS 230/Art. V heading) ARTICLE V.  
		IMPROVING COORDINATION OF STATE PROGRAMS (410 ILCS 230/5-100) (from Ch. 111 1/2, par. 4605-100)Sec. 5-100. 
		
		(A)  The Secretary shall coordinate State
policies and programs
providing services related to prevention of problem pregnancies.  Among
other things, the Secretary shall:(1) require that grantees under Title V report     periodically on State programs or policies that interfere with the delivery and coordination of problem pregnancy prevention and problem pregnancy-related services;(2) provide periodic on-site technical assistance to     nonprofit agencies and organizations to assure that coordination by grantees of State programs at the local level will be facilitated; and(3) give funding priority, where appropriate, to     grantees using single or coordinated grant applications for multiple programs.(B) The Secretary may set aside, in each fiscal year, not
to exceed one
per centum of the funds appropriated under this Act for evaluation of
activities
under Titles IV and V.
		(Source: P.A. 89-507, eff. 7-1-97.)
(410 ILCS 230/Art. VI heading) ARTICLE VI.  
		EFFECTIVE DATE AND INSEVERABILITY (410 ILCS 230/6-100) (from Ch. 111 1/2, par. 4606-100)Sec. 6-100. 
		
		No word, phrase, clause or provision of this Act is severable;
and if any word, phrase, clause or provision of this Act is declared unconstitutional,
no part of this Act shall be effectuated.
		(Source: P.A. 81-1106.) (410 ILCS 230/6-101) (from Ch. 111 1/2, par. 4606-101)Sec. 6-101. 
		This Act takes effect July 1, 1979. 
		(Source: P.A. 81-1106.)
(410 ILCS 235/1) (from Ch. 111 1/2, par. 7501)Sec. 1. 
		Short title. 
		This Act shall be known and may be cited as the
Pertussis Vaccine Act.
		(Source: P.A. 85-898.) (410 ILCS 235/2) (from Ch. 111 1/2, par. 7502)Sec. 2. 
		Definitions. 
		As used in this Act, unless the context clearly
requires otherwise:(a) "Director" means the Director of Public Health.(b) "Department" means the Department of Public Health.(c) "Health care provider" means any licensed health care professional
or public or private health care facility in this State that administers
pertussis vaccine.(d) "Major adverse reaction" means collapse or shock, high pitched
screaming, persistent crying for three or more hours, excessive somnolence
(sleepiness), temperature of 103 degrees, convulsions with or without
accompanying fever or severe alterations of consciousness or any serious
illness, disability or impairment of mental, emotional, behavioral or
physical functioning or development, the first
manifestation of which appears within 30 days of the date of administration
of pertussis vaccine, and for which there is reasonable scientific or
medical evidence that pertussis vaccine causes or significantly contributes
to the illness, disability or impairment.(e) "Pertussis vaccine" means any vaccine containing a substance
intended to prevent the occurrence of pertussis, which is administered
separately or in conjunction with other substances intended to prevent the
occurrence of other diseases.
		(Source: P.A. 85-1209.) (410 ILCS 235/3) (from Ch. 111 1/2, par. 7503)Sec. 3. 
		Public pamphlet. 
		The Director shall prepare and make available
upon request to all health
care providers, parents and guardians in the State, a pamphlet which
explains the benefits and possible adverse reactions to immunizations
for pertussis. This pamphlet may contain any information which the Director
deems necessary and may be revised by the Department whenever new
information concerning these immunizations becomes available.  The pamphlet
shall include the following information:(a) a list of the immunizations required for     admission to a public or private school in the State;(b) specific information regarding the pertussis     vaccine which includes:(1) the circumstances under which pertussis         vaccine should not be administered or should be delayed, including the categories of persons who are significantly more vulnerable to major adverse reactions than are members of the general population;(2) the frequency, severity and potential         long-term effects of pertussis;(3) possible adverse reactions to pertussis         vaccine and the early warning signs or symptoms that may be precursors to a major adverse reaction which, upon occurrence, should be brought to the immediate attention of the health care provider who administered the vaccine;(4) a form that the parent or guardian may use to         monitor symptoms of a possible adverse reaction and which includes places where the parent or guardian can record information about the symptoms that will assist the health care provider; and(5) measures that a parent or guardian should         take to reduce the risk of, or to respond to, a major adverse reaction including identification of who should be notified of the reaction and when the notification should be made.The Director shall prepare the pamphlet in consultation with the Illinois
State Medical Society, the Illinois Hospital Association, and interested
consumer groups and
shall adopt by regulation the information contained in the pamphlet,
pursuant to the Illinois Administrative Procedure Act.
		(Source: P.A. 91-357, eff. 7-29-99.) (410 ILCS 235/4) (from Ch. 111 1/2, par. 7504)Sec. 4. 
Every hospital in this State licensed under the Hospital
Licensing Act or an Act in relation to the founding and operation of the
University of Illinois Hospital, shall provide the parents or guardians of
each newborn child the pamphlet pursuant to Section 3 of this Act. Parents or guardians of a newborn child in a neonatal intensive care unit shall be informed about the importance of parents, guardians, and immediate family members being immunized against pertussis to minimize the chances that the disease will be communicated to the newborn child and shall also be informed about where they may obtain the appropriate vaccine.
(Source: P.A. 98-184, eff. 8-5-13.) (410 ILCS 235/5) (from Ch. 111 1/2, par. 7505)Sec. 5. 
		
		No physician, hospital, nurse or other health care provider
shall be liable, no cause of action shall be filed, and no new cause of
action shall be created, for any action or failure to act required by or in
connection with Section 4 of this Act.
		(Source: P.A. 85-898.) (410 ILCS 235/6) (from Ch. 111 1/2, par. 7506)Sec. 6. 
		
		A child shall not be required to receive a pertussis vaccine
as a condition for admission to a public or private school if the child's
health care provider states in writing that the vaccine is medically
contraindicated pursuant to subsection (b)(1) of Section 3 of this Act and
the reasons for the medical contradictions, or if his parent or guardian
has submitted a signed statement to school officials stating an objection
to the vaccination on religious grounds.
		(Source: P.A. 85-898.) (410 ILCS 235/7) (from Ch. 111 1/2, par. 7507)Sec. 7. 
		
		Upon administering a pertussis vaccine to a child in this
State, a health care provider shall record and retain as a part of the
child's permanent health record the date the vaccine was administered, the
manufacturer, a lot number and any other available identifying information
of the vaccine that was administered, and the name and title of the health
care provider who administered the vaccine.
		(Source: P.A. 85-898.) (410 ILCS 235/8) (from Ch. 111 1/2, par. 7508)Sec. 8. 
		
		(a) If, within 30 days of administering a pertussis vaccine,
the health care provider has reason to believe that the recipient of the
vaccine has had a major adverse reaction, the health care provider shall
record all relevant information in the child's permanent medical record and
report the information, including the manufacturer and the lot number, to the Department.(b) Upon receipt of the information, the Department shall immediately
notify the manufacturer of the vaccine and the Center for Disease Control
of the adverse reaction.
		(Source: P.A. 85-898.) (410 ILCS 235/9) (from Ch. 111 1/2, par. 7509)Sec. 9. 
		
		The Director shall periodically report to the United
States Centers for Disease Control information received
regarding major adverse reactions to the administration of pertussis vaccine.
		(Source: P.A. 85-1209.)
(410 ILCS 240/0.01) (from Ch. 111 1/2, par. 4902.9)Sec. 0.01. Short title. This Act may be cited as the
Newborn Metabolic Screening
 Act.
(Source: P.A. 95-695, eff. 11-5-07.) (410 ILCS 240/1) (from Ch. 111 1/2, par. 4903)Sec. 1. 
The Illinois Department of Public Health shall promulgate and
enforce rules and regulations requiring that every newborn be subjected
to tests for genetic, metabolic, and congenital anomalies as the
Department may deem necessary. The Department is
empowered to promulgate such additional rules and regulations as are
found necessary for the administration of this Act, including mandatory
reporting of the results of all tests for these conditions to the
Illinois Department of Public Health.
(Source: P.A. 98-440, eff. 8-16-13.) (410 ILCS 240/1.5)Sec. 1.5. Definitions. In this Act:"Accredited laboratory" means any laboratory that holds a valid
certificate issued under the Clinical Laboratory Improvement
Amendments of 1988, 102 Stat. 2903, 42 U.S.C. 263a, as amended,
and that reports its screening results by using normal pediatric reference
ranges."Department" means the Department of Public Health. 

(Source: P.A. 98-440, eff. 8-16-13.) (410 ILCS 240/1.10)Sec. 1.10. Critical congenital heart disease.(a) The General Assembly finds as follows:(1) According to the United States Secretary of     Health and Human Services Advisory Committee on Heritable Disorders in Newborns and Children, congenital heart disease affects approximately 7 to 9 of every 1,000 live births in the United States and Europe.  The federal Centers for Disease Control and Prevention state that critical congenital heart disease is the leading cause of infant death due to birth defects.(2) Many newborn lives could potentially be saved by     earlier detection and treatment of critical congenital heart disease if health care facilities in the State were required to perform a simple, non-invasive newborn screening in conjunction with current screening methods.(b) The Department shall require that screening tests for critical congenital heart defects be performed at birthing hospitals and birth centers in accordance with a testing protocol adopted by the Department, by rule, in line with current standards of care, such as pulse oximetry screening, and may authorize screening tests for additional congenital anomalies to be performed at birthing hospitals and birth centers in accordance with a testing protocol adopted by the Department, by rule.(c) The Department may authorize health care facilities to report screening test results and follow-up information. 
(Source: P.A. 98-440, eff. 8-16-13.) (410 ILCS 240/2) (from Ch. 111 1/2, par. 4904)Sec. 2. General provisions. The Department of Public Health shall administer the
provisions of this Act and shall:(a) Institute and carry on an intensive educational program among
physicians, hospitals, public health nurses and the public concerning disorders included in newborn screening. This
educational program shall include information about the nature of the
diseases and examinations for the detection of the diseases in early
infancy in order that measures may be taken to prevent the disabilities resulting from the diseases.(a-5) Require that all newborns be screened
 for the presence of certain genetic, metabolic, and congenital anomalies as determined by the Department, by rule.(a-5.1) Require that all blood and biological specimens collected pursuant to this Act or the rules adopted under this Act be submitted for testing to the nearest Department laboratory designated to perform such tests. The following provisions shall apply concerning testing:(1) Beginning July 1, 2015, the base fee for newborn     screening services shall be $118. The Department may develop a reasonable fee structure and may levy additional fees according to such structure to cover the cost of providing this testing service and for the follow-up of infants with an abnormal screening test; however,  additional fees may be levied no sooner than 6 months prior to the beginning of testing for a new genetic, metabolic, or congenital disorder. Fees collected from the provision of this testing service shall be placed in the Metabolic Screening and Treatment Fund. Other State and federal funds for expenses related to metabolic screening, follow-up, and treatment programs may also be placed in the Fund.(2) Moneys shall be appropriated from the Fund to the     Department solely for the purposes of providing newborn screening, follow-up, and treatment programs. Nothing in this Act shall be construed to prohibit any licensed medical facility from collecting additional specimens for testing for metabolic or neonatal diseases or any other diseases or conditions, as it deems fit. Any person violating the provisions of this subsection (a-5.1) is guilty of a petty offense.(3) If the Department is unable to provide the     screening using the State Laboratory, it shall temporarily provide such screening through an accredited laboratory selected by the Department until the Department has the capacity to provide screening through the State Laboratory. If screening is provided on a temporary basis through an accredited laboratory, the Department shall substitute the fee charged by the accredited laboratory, plus a 5% surcharge for documentation and handling, for the fee authorized in this subsection (a-5.1).(a-5.2) Maintain a registry of cases, including information of importance for the purpose of follow-up services to assess long-term outcomes.(a-5.3) Supply the necessary metabolic treatment formulas where practicable for diagnosed cases of amino acid metabolism disorders, including phenylketonuria, organic acid disorders, and fatty acid oxidation disorders for as long as medically indicated, when the product is not available through other State agencies.(a-5.4) Arrange for or provide public health nursing, nutrition, and social services and clinical consultation as indicated.(a-5.5) Utilize the Genetic and Metabolic Diseases Advisory Committee established under the Genetic and Metabolic Diseases Advisory Committee Act to provide guidance and recommendations to the Department's newborn screening program.  The Genetic and Metabolic Diseases Advisory Committee shall review the feasibility and advisability of including additional metabolic, genetic, and congenital disorders in the newborn screening panel, according to a review protocol applied to each suggested addition to the screening panel.  The Department shall consider the recommendations of the Genetic and Metabolic Diseases Advisory Committee in determining whether to include an additional disorder in the screening panel prior to proposing an administrative rule concerning inclusion of an additional disorder in the newborn screening panel. Notwithstanding any other provision of law, no new screening may begin prior to the occurrence of all the following:(1) the establishment and verification of relevant     and appropriate performance specifications as defined under the federal Clinical Laboratory Improvement Amendments and regulations thereunder for U.S. Food and Drug Administration-cleared or in-house developed methods, performed under an institutional review board-approved protocol, if required;(2) the availability of quality assurance testing     methodology for the processes set forth in item (1) of this subsection (a-5.5);(3) the acquisition and installment by the Department     of the equipment necessary to implement the screening tests;(4) the establishment of precise threshold values     ensuring defined disorder identification for each screening test;(5) the authentication of pilot testing achieving     each milestone described in items (1) through (4) of this subsection (a-5.5) for each disorder screening test; and(6) the authentication of achieving the potential of     high throughput standards for statewide volume of each disorder screening test concomitant with each milestone described in items (1) through (4) of this subsection (a-5.5).(a-6) (Blank).(a-7) (Blank).(a-8) (Blank).(b) (Blank).(c) (Blank).(d) (Blank).(e) (Blank).
(Source: P.A. 98-440, eff. 8-16-13; 98-756, eff. 7-16-14; 99-403, eff. 8-19-15.) (410 ILCS 240/3) (from Ch. 111 1/2, par. 4905)Sec. 3. 
		
		The provisions of this Act shall not apply when parent or
guardian of the child objects thereto on the grounds that such test
conflicts with his religious tenets and practices. A written statement
of such objection shall be presented to the physician or other person
whose duty it is to administer and report such tests under the
provisions of this Act.
		(Source: Laws 1965, p. 284.) (410 ILCS 240/3.1)Sec. 3.1. Lysosomal storage disorders. In accordance with the timetable specified in this Section, the Department shall provide all newborns with screening tests for the presence of certain lysosomal storage disorders known as Krabbe, Pompe, Gaucher, Fabry, and Niemann-Pick. The testing shall begin within 6 months following the occurrence of all of the following:(1) the establishment and verification of relevant     and appropriate performance specifications as defined under the federal Clinical Laboratory Improvement Amendments and regulations thereunder for Federal Drug Administration-cleared or in-house developed methods, performed under an institutional review board approved protocol, if required;(2) the availability of quality assurance testing     methodology for these processes;(3) the acquisition and installment by the Department     of the equipment necessary to implement the screening tests;(4) the establishment of precise threshold values     ensuring defined disorder identification for each screening test;(5) the authentication of pilot testing achieving     each milestone described in items (1) through (4) of this Section  for each disorder screening test; and(6) the authentication of achieving the potential of     high throughput standards for statewide volume of each disorder screening test concomitant with each milestone described in items (1) through (4) of this Section.It was the goal of Public Act 97-532 that the screening for the specified lysosomal storage disorders begins within 2 years after August 23, 2011 (the effective date of Public Act 97-532). The Department is authorized to implement an additional fee for the screening prior to beginning the testing in order to accumulate the resources for start-up and other costs associated with implementation of the screening and thereafter to support the costs associated with screening and follow-up programs for the specified lysosomal storage disorders. 
(Source: P.A. 98-440, eff. 8-16-13.) (410 ILCS 240/3.2)Sec. 3.2. Severe combined immunodeficiency disease. In accordance with the timetable specified in this Section, the Department shall provide all newborns with screening tests for the presence of severe combined immunodeficiency
disease (SCID). The testing shall begin within 12 months following the occurrence of all of the following:(1) the establishment and verification of relevant     and appropriate performance specifications as defined under the federal Clinical Laboratory Improvement Amendments and regulations thereunder for Federal Drug Administration-cleared or in-house developed methods, performed under an institutional review board approved protocol, if required;(2) the availability of quality assurance testing and     comparative threshold values for SCID;(3) the acquisition and installment by the Department     of the equipment necessary to implement the initial pilot and statewide volume of screening tests for SCID;(4) the establishment of precise threshold values     ensuring defined disorder identification for SCID;(5) the authentication of pilot testing achieving     each milestone described in items (1) through (4) of this Section for SCID; and(6) the authentication of achieving the potential of     high throughput standards for statewide volume of the SCID screening test concomitant with each milestone described in items (1) through (4) of this Section.It was the goal of Public Act 97-532 that the screening for severe combined immunodeficiency disease begins within 2 years after August 23, 2011 (the effective date of Public Act 97-532). The Department is authorized to implement an additional fee for the screening prior to beginning the testing in order to accumulate the resources for start-up and other costs associated with implementation of the screening and thereafter to support the costs associated with screening and follow-up programs for severe combined immunodeficiency disease. 
(Source: P.A. 98-440, eff. 8-16-13.) (410 ILCS 240/3.3)Sec. 3.3. Mucopolysacchardosis disorders. In accordance with the timetable specified in this Section, the Department shall provide all newborns with screening tests for the presence of certain lysosomal storage disorders
known as mucopolysaccharidosis I (Hurlers) and mucopolysaccharidosis II (Hunters). The testing shall begin within 12 months following the occurrence of all of the following:(1) the establishment and verification of relevant     and appropriate performance specifications as defined under the federal Clinical Laboratory Improvement Amendments and regulations thereunder for Federal Drug Administration-cleared or in-house developed methods, performed under an institutional review board approved protocol, if required;(2) the availability of quality assurance testing and     comparative threshold values for each screening test and accompanying disorder;(3) the acquisition and installment by the Department     of the equipment necessary to implement the initial pilot and statewide volume of screening tests for each disorder;(4) the establishment of precise threshold values     ensuring defined disorder identification for each screening test;(5) the authentication of pilot testing achieving     each milestone described in items (1) through (4) of this Section for each disorder screening test; and(6) the authentication of achieving the potential of     high throughput standards for statewide volume of each disorder screening test concomitant with each milestone described in items (1) through (4) of this Section.It was the goal of Public Act 97-532 that the screening for the specified lysosomal storage disorders begins within 3 years after August 23, 2011 (the effective date of Public Act 97-532). The Department is authorized to implement an additional fee for the screening prior to beginning the testing in order to accumulate the resources for start-up and other costs associated with implementation of the screening and thereafter to support the costs associated with screening and follow-up programs for the specified lysosomal storage
disorders.
(Source: P.A. 98-440, eff. 8-16-13.) (410 ILCS 240/3.4)Sec. 3.4. Adrenoleukodystrophy. In accordance with the timetable specified in this Section, the Department shall provide all newborns with screening tests for the presence of adrenoleukodystrophy (ALD). The testing shall begin within 18 months following the occurrence of all of the following:(1) the development and validation of a reliable     methodology for screening newborns for ALD using dried blood spots and quality assurance testing methodology for such test or the approval of a test for ALD using dried blood spots by the federal Food and Drug Administration;(2) the availability of any necessary reagents for     such test;(3) the establishment and verification of relevant     and appropriate performance specifications as defined under the federal Clinical Laboratory Improvement Amendments and regulations thereunder for Federal Drug Administration-cleared or in-house developed methods, performed under an institutional review board approved protocol, if required;(4) the availability of quality assurance testing and     comparative threshold values for ALD;(5) the acquisition and installment by the Department     of the equipment necessary to implement the initial pilot and statewide volume of screening tests for ALD;(6) the establishment of precise threshold values     ensuring defined disorder identification for ALD;(7) the authentication of pilot testing achieving     each milestone described in items (1) through (6) of this Section for ALD; and(8) the authentication of achieving the potential of     high throughput standards for statewide volume of ALD concomitant with each milestone described in items (1) through (6) of this Section.The Department is authorized to implement an additional fee for the screening no sooner than 6 months prior to beginning the testing in order to accumulate the resources for start-up and other costs associated with implementation of the screening and thereafter to support the costs associated with screening and follow-up programs for adrenoleukodystrophy. 
(Source: P.A. 99-403, eff. 8-19-15.) (410 ILCS 240/3.35)Sec. 3.35. Spinal muscular atrophy. In accordance with the timetable specified in this Section, the Department shall provide all newborns with a screening test for spinal muscular atrophy using a method that determines the presence or absence of the intact or normal SMN1 gene, beginning on the earlier of the following:(1) July 1, 2020; or(2)  within 6 months following the occurrence of all     of the following:(A) the establishment and verification of         relevant and appropriate performance specifications as defined under the federal Clinical Laboratory Improvement Amendments and regulations thereunder for federal Food and Drug Administration-cleared or in-house developed methods, performed under an institutional review board approved protocol, if required;(B) the availability of quality assurance         materials and comparative threshold values to determine the presence or absence of the intact or normal SMN1 gene;(C) the procurement and installation by the         Department of the equipment necessary to implement the initial pilot and statewide volume of screening tests for spinal muscular atrophy;(D) the establishment of precise threshold values         ensuring defined disorder identification for spinal muscular atrophy;(E) the development and validation of a reliable         methodology for screening newborns for spinal muscular atrophy using dried blood spots and quality assurance testing methodology for such test or the approval and procurement of a test for spinal muscular atrophy using dried blood spots by the federal Food and Drug Administration;(F) the authentication of pilot testing achieving         each milestone described in subparagraphs (A) through (E) of this paragraph for spinal muscular atrophy; and(G) the authentication of achieving the potential         of high throughput standards for statewide volume of spinal muscular atrophy concomitant with each milestone described in subparagraphs (A) through (E) of this paragraph.The Department is authorized to implement an additional fee for the screening upon the effective date of this amendatory Act of the 100th General Assembly in order to accumulate the resources for start-up and other costs associated with the implementation of the screening and thereafter to support the costs associated with screening. If the Department has not implemented statewide screening for spinal muscular atrophy under this Section within 36 months after the effective date of this amendatory Act of the 100th General Assembly, then the Department shall cease collecting any additional fees related to the screening. The Department may adopt emergency rules in accordance with Section 5-45 of the Illinois Administrative Procedure Act to implement this Section.
(Source: P.A. 100-864, eff. 8-14-18.)
(410 ILCS 245/1) (from Ch. 111 1/2, par. 5701)Sec. 1. 
		Title. 
		This Act shall be known and may be cited as the "Reye's
Syndrome Reporting Act".
		(Source: P.A. 82-501.) (410 ILCS 245/2) (from Ch. 111 1/2, par. 5702)Sec. 2. 
		Definitions. 
		As used in this Act:(a) "Department" means the Illinois Department of Public Health.(b) "Director" means the Director of the Illinois Department of Public Health.(c) "Facility" means a governmental or private agency, department, institution,
clinic, laboratory, hospital, or a health maintenance organization, association,
or other similar unit designated by the Director.
		(Source: P.A. 82-501.) (410 ILCS 245/3) (from Ch. 111 1/2, par. 5703)Sec. 3. 
		Reporting Reye's Syndrome. 
		An attending physician or other person
representing or employed by a facility as determined by the Director shall
report the existence of Reye's Syndrome when the physician or person determined
by the Director diagnoses or confirms the presence of that illness.
		(Source: P.A. 82-501.) (410 ILCS 245/4) (from Ch. 111 1/2, par. 5704)Sec. 4. 
		Report; contents, filing, availability for research and public inspection.(1) The report prescribed in Section 3 shall be designated a Reye's Syndrome
report and shall contain information which the Director considers necessary
to identify, locate, and investigate the occurrence, frequency, incidence,
cause, effect, and prognosis of Reye's Syndrome, and other relevant data
and findings with respect thereto.(2) The Director shall promulgate rules regarding the form, content, and
manner of filing the report prescribed in Section 3, which shall be submitted
to the department unless otherwise prescribed by the Director.  Any such
rules promulgated by the Director shall contain a specific provision guaranteeing
the maintenance of the physician-patient privilege.(3) A report or other data relating to Reye's Syndrome which discloses
the identity of an individual who was reported as having Reye's Syndrome
shall be made available only to persons who demonstrate a need for the report
or other data which is essential to health related research. No report or
data or portion of such data which discloses the identity of the individual
shall be made available to the public.(4) Nothing in this Section shall mandate the Department to investigate
or otherwise follow-up any reported incidence of Reye's Syndrome.
		(Source: P.A. 82-501.) (410 ILCS 245/5) (from Ch. 111 1/2, par. 5705)Sec. 5. 
		Maintenance of Reports. 
		Reye's Syndrome reports and data shall
be maintained by the department in a manner suitable for use for research purposes,
and shall be made available to persons as prescribed in Section 4.
		(Source: P.A. 82-501.) (410 ILCS 245/6) (from Ch. 111 1/2, par. 5706)Sec. 6. 
		Implementation of Act; rules. 
		The Director shall promulgate
rules to implement this Act which foster the study, research, diminution,
and control of Reye's Syndrome in this State.
		(Source: P.A. 82-501.)
(410 ILCS 25/1) (from Ch. 111 1/2, par. 3711)Sec. 1. 
		Short Title. 
		This Act shall be known and may be cited as the
Environmental Barriers Act.
		(Source: P.A. 84-948.) (410 ILCS 25/2) (from Ch. 111 1/2, par. 3712)Sec. 2. Statement of findings and purpose. The General Assembly finds that:(a) Public facilities and multi-story housing which     contain environmental barriers create a serious threat to the safety and welfare of all members of society.(b) Individuals with disabilities are often denied     access to and use of public facilities and multi-story housing due to environmental barriers which prevent them from exercising many of their rights and privileges as citizens.(c) The integration of individuals with disabilities     into the mainstream of society furthers the goals and policies of this State to assure the right of all persons to live and work as independently as possible and to participate in the life of the community as fully as possible.Therefore, eliminating environmental barriers is an object of serious
public concern.  This Act shall be liberally construed toward that end.
(Source: P.A. 99-582, eff. 1-1-17.) (410 ILCS 25/3) (from Ch. 111 1/2, par. 3713)Sec. 3. Definitions. As used in this Act and the Illinois Accessibility Code (71 Ill. Adm. Code 400):"2010 Standards for Accessible Design" means the regulations promulgated by the Department of Justice, 28 CFR Parts 35 and 36, pursuant to the Americans with Disabilities Act of 1990 (ADA)."Accessibility Code" or "Code" means those
standards, known as the Illinois Accessibility Code, 71 Ill. Adm. Code 400,
adopted by the Capital Development Board pursuant to Section 4 of this Act."Accessible" means that a site, building, facility, or portion thereof is compliant with the Code."Accessible means of egress" means a continuous and unobstructed way of egress travel from any point in a building or facility that provides an accessible route to an area of refuge, a horizontal exit, or a public way."Accessible route" means a continuous unobstructed path connecting all accessible elements and spaces of a building or facility. Interior accessible routes may include corridors, floors, ramps, elevators, lifts, skywalks, tunnels, and clear floor space at fixtures. Exterior accessible routes may include parking access aisles, curb ramps, crosswalks at vehicular ways, walks, ramps, and lifts."Adaptability" or "adaptable" means the ability of certain building spaces and elements, such as kitchen counters, sinks and grab bars, to be added or altered so as to accommodate the needs of individuals with different types or degrees of disability."Adaptable dwelling unit" means a dwelling unit constructed and
equipped so it can be converted with minimal structural change for use by
persons with different types and degrees of disability."Alteration" means any modification or renovation that affects or
could affect the usability of the building or facility or part of the
building or facility.  "Alteration" includes, but is not limited to,
remodeling, renovation, rehabilitation, reconstruction, historic preservation,
historic reconstruction, historic rehabilitation, historic restoration, changes to or rearrangement of the
structural parts or elements, changes to or replacement of plumbing fixtures or controls, changes to or rearrangement in the plan configuration of walls and full-height partitions, resurfacing of circulation paths or vehicular ways, and changes or improvements to parking lots.  The following work is not considered to be an
alteration unless it affects the usability of the building or facility: normal
maintenance, reroofing, painting or wallpapering, or changes to
mechanical and electrical systems."Built environment" means those parts of the physical environment
which are designed, constructed or altered by people, including all public
facilities and multi-story housing units."Circulation path" means an exterior or interior way of passage provided for pedestrian travel, including, but not limited to, walks, hallways, courtyards, elevators, platform lifts, ramps, stairways, and landings."Common use areas" or "common areas" means areas, including interior and exterior rooms, spaces, or elements, which are held out for use by all tenants
and owners in public facilities and multi-story housing, including, but not limited to, residents of an apartment building or condominium complex, occupants of an office building, or the guests of such residents or occupants.  "Common use areas" or "common areas" includes, but is not limited to, lobbies, elevators, hallways, laundry rooms, swimming
pools, storage rooms, recreation areas, parking garages, building offices,
conference rooms, patios, restrooms, telephones, drinking fountains,
restaurants, cafeterias, delicatessens and stores."Disability" means a physical or mental impairment that substantially limits one or more major life activities; a record or history of such an impairment; or regarded as having such an impairment."Dwelling unit" means a single unit
of residence which provides a kitchen or food preparation area, in
addition to rooms and spaces for living, bathing, sleeping, and the like.
Dwelling units are found in housing types such as townhouses and apartment
buildings."Element" means an architectural, mechanical (including 
plumbing), or electrical component of a building, facility, space, site, or public right-of-way."Entrance" means any access point to a building or portion of a building or
facility or multi-story housing used for the purpose of entering.  An
entrance includes the approach walk, the vertical access leading to the
entrance platform, the entrance platform itself, vestibules if provided, and
the entry door or doors or gate or gates."Environmental barrier" means an element or space of the built environment
which limits accessibility to or use of the built environment by individuals with disabilities."Facility" means all or any portion of buildings, structures, site improvements, elements, and pedestrian routes or vehicular ways located on a site."Governmental unit" means State agencies as defined in the State Auditing Act, circuit courts, units of local government and their officers, boards of election commissioners, public colleges and universities, and school districts."Multi-story housing" means any building of 4 or more stories
containing 10 or more dwelling units constructed to be held out for sale or
lease by any person to the public. "Multi-story housing" includes, but is not limited to, the following building types: apartment buildings, condominium buildings, convents, housing for the elderly, and monasteries."Owner" means the owner of the real property or existing facility or the tenant of the real property or existing facility."Primary function area" means an area of a building or facility containing a major activity for which the building or facility is intended. There can be multiple areas containing a primary function in a single building. Primary function areas are not limited to public use areas. Mixed use facilities may include numerous primary function areas for each use. Areas containing a primary function do not include: mechanical rooms, boiler rooms, supply storage rooms, employee lounges or employee locker rooms, janitorial closets, entrances, corridors, or restrooms. Restrooms are not areas containing a primary function unless the provision of restrooms is a primary purpose of the area, such as in highway rest stops."Public" means any group of people who are users of the building or employees of the building. The term "public" is not intended to include those people who are employed by the
owner of a building for the sole purpose of construction or alteration of a building during the
time in which the building is being constructed or altered."Public facility" means:(1) any building, structure, or site improvement     which is:(i) owned by or on behalf of a governmental unit,(ii) leased, rented or used, in whole or in part,         by a governmental unit, or(iii) financed, in whole or in part, by a grant         or a loan made or guaranteed by a governmental unit;(2) any building, structure, or site improvement used     or held out for use or intended for use by the public or by employees for one or more of, but not limited to, the following:(i) the purpose of gathering, recreation,         transient lodging, education, employment, institutional care, or the purchase, rental, sale or acquisition of any goods, personal property or services;(ii) places of public display or collection;(iii) social service establishments; and(iv) stations used for specified public         transportation; or(3) a public right-of-way."Public right-of-way" means public land or property, usually in interconnected corridors, that is acquired for or dedicated to transportation purposes."Public way" means any street, alley, or other parcel of land open to the outside air leading to a
public street, which has been deeded, dedicated, or otherwise permanently appropriated to the public for public use, and which has a clear width and height of not less than 10 feet (3048 mm)."State" means the State of Illinois and any instrumentality
or agency thereof."Technically  infeasible" means, with respect to an alteration of a building or a facility, that a requirement of this Act or the Code has little likelihood of being accomplished because existing structural conditions would require removing or altering a load-bearing member that is an essential part of the  structural frame; or because other existing physical  or site constraints prohibit modification  or addition of elements, spaces, or features that are in full and strict compliance with the minimum  requirements.
(Source: P.A. 99-582, eff. 1-1-17.) (410 ILCS 25/4) (from Ch. 111 1/2, par. 3714)Sec. 4. Illinois Accessibility Code. The Capital Development Board shall adopt and
publish accessibility standards known as the Illinois Accessibility Code. With respect to public
facilities, the Code shall dictate minimum design, construction, and alteration
requirements to facilitate access to and use of the public facility by individuals with disabilities
. With respect
to multi-story
housing, the Code shall dictate minimum design and construction requirements to
facilitate access to and use of the common areas by individuals with disabilities and create a number of adaptable dwelling units in accordance with
Section 5.The Code shall be adopted and revised in accordance
with the Illinois Administrative Procedure Act. Beginning on the effective date of this amendatory Act of the 98th General Assembly, the Capital Development Board shall begin the process of updating the 1997 Illinois Accessibility Code and shall model the updates on the 2010 ADA Standards for Accessible Design. By no later than January 1, 2017, the Capital Development Board shall adopt and
publish the updated Illinois Accessibility Code. The updated Illinois Accessibility Code may be more stringent than the 2010 ADA Standards for Accessible Design and may identify specific standards. Beginning on January 1, 2017, if the ADA Standards for Accessible Design are updated, then the Capital Development Board shall update its accessibility standards, in keeping with the ADA Standards for Accessible Design, within 3 years after the ADA Standards for Accessible Design updates and shall adopt and publish an updated Illinois Accessibility Code.The Capital Development Board may issue written interpretation of the Code
 within 30 calendar days of receipt of a
written request unless a longer period is agreed to by the
parties. Interpretations issued under this Section are project specific and
do not constitute precedent for future or different circumstances.
(Source: P.A. 98-224, eff. 1-1-14; 99-61, eff. 7-16-15; 99-582, eff. 1-1-17.) (410 ILCS 25/5) (from Ch. 111 1/2, par. 3715)Sec. 5. Scope.(a) New
construction. Any new public facility or multi-story housing, or portion thereof, the
construction of which began after May 1, 1988, is subject to the current provisions of this Act.
The Code adopted by the Capital Development Board shall apply as follows:(1) Public facilities; new construction. Any new     public facility or portion thereof, the construction of which is begun after May 1, 1988 is subject to the provisions of the Code applicable to new construction as the Code existed at the time the construction commenced.(2) Multi-story housing; new construction. Any new     multi-story housing, or portion thereof, the construction of which is begun after May 1, 1988, is subject to the provisions of the Code applicable to new construction as the Code existed at the time the construction commenced. Twenty percent of the dwelling units in the multi-story housing shall be adaptable and the adaptable units shall be distributed throughout the multi-story housing to provide a variety of sizes and locations. In addition, all common and public use spaces shall be in compliance with the Code.(3) Any  new public facility or multi-story housing     (i) for which a specific contract for the planning has been awarded prior to the effective date of a new version of the Code and (ii) construction of which is begun within 12 months of the effective date of the new version of the Code  shall be exempt from compliance with the new version of the Code and may instead comply with the version of the Code as it existed at the time the contract was awarded.(4) Accessibility of structures; new construction.      New housing subject to this Act shall comply with all applicable laws and regulations. In the case where the new housing is not defined as multi-story for the purposes of this Act, but instead is a building in which 4 or more dwelling units or sleeping units intended to be occupied as a residence are contained within a single structure, the housing shall comply with the technical guidance of the Department of Housing and Urban Development's Fair Housing Accessibility Guidelines published March 6, 1991 and all subsequent versions, amendments, or supplements.This subsection (4) does not apply within any unit of     local government that by ordinance, rule, or regulation prescribes requirements to increase and facilitate access to the built environment by individuals with disabilities that are more stringent than those contained in this Act prior to the effective date  of this amendatory Act of the 94th General Assembly.(5) This Act, together with the Illinois     Accessibility Code, 71 Ill. Adm. Code 400, has the force of a building code and as such is law in the State of Illinois. Any violation of the Code is deemed a violation of this Act and subject to enforcement pursuant to this Act.(b)  Alterations. Any alteration to a public facility shall
provide accessibility as follows:(1) Alterations generally.  No alteration shall be     undertaken that decreases or has the effect of decreasing accessibility or usability of a building or facility below the requirements for new construction at the time of alteration.(2) Applicability. Any alteration of a public     facility or multi-story housing shall comply with the Code provisions regarding alterations as such provisions exist at the time such alteration commences.(3) Path of travel to primary function area. An     alteration that affects or could affect the usability of or access to an area containing a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area, including the entrance route to the altered area and the rest rooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, unless the cost of the alterations to provide an accessible path of travel to the primary function area exceeds 20% of the cost of the overall alteration, or such alterations are otherwise disproportionate to the overall alterations in terms of cost and scope as set forth in the Code.(c) No governmental unit may enter into a new or renewal agreement to
lease,
rent or use, in whole or in part, any building, structure or improved area
which does not comply with the Code.  Any governmental unit which is leasing, renting or using, in whole or in
part, any building, structure or improved area which does not comply with
the Code shall make all reasonable efforts to terminate such lease,
rental or use.(d) No public facility may be constructed or altered and no multi-story
housing may be constructed without the statement of an architect
registered in the State of Illinois that the
plans for the work to be performed comply with the provisions of this Act
and the Code promulgated hereunder unless the cost of such construction
or alteration is less than $50,000. In the case of construction or alteration
of an engineering nature, where the plans are prepared by an engineer,
the statement may be made by a professional engineer registered in
the State of Illinois or a structural engineer registered in the State of
Illinois that the engineering plans comply with the provisions of this Act
and the Code promulgated hereunder.  The architect's and/or engineer's
statement shall be filed by the architect or engineer and maintained in the
office of the governmental unit responsible for the issuance of the
building permit.  In those governmental units which do
not issue building permits, the statement shall be filed and
maintained in the office of the county clerk.(e) The requirements found in the Code cannot be waived by any party. (Source: P.A. 99-582, eff. 1-1-17.) (410 ILCS 25/6) (from Ch. 111 1/2, par. 3716)Sec. 6. Enforcement.(a) The Attorney General shall have
authority to enforce the Code.  The Attorney General may investigate
any complaint or reported violation of this Act and, where necessary to
ensure compliance, may do any or all of the following:(1) Conduct an investigation to determine if a     violation of this Act and the Code exists. This includes the power to:(A) require an individual or entity to file a         statement or report in writing under oath or otherwise, as to all information the Attorney General may consider;(B) examine under oath any person alleged to have         participated in or with knowledge of the violations; and(C) issue subpoenas  or conduct hearings in aid         of any investigation.(2) Bring an action for injunction to halt     construction or alteration of any public facility or multi-story housing or to require compliance with the Code by any public facility or multi-story housing which has been or is being constructed or altered in violation of this Act and the Code.(3) Bring an action for mandamus.(4) Bring an action for penalties as follows:(A) any owner of a public facility or multi-story         housing in violation of this Act shall be subject to civil penalties in a sum not to exceed $250 per day, and each day the owner is in violation of this Act constitutes a separate offense;(B) any architect or engineer negligently or         intentionally stating pursuant to Section 5 of this Act that a plan is in compliance with this Act when such plan is not in compliance shall be subject to a suspension, revocation, or refusal of restoration of his or her certificate of registration or license pursuant to the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, and the Structural Engineering Practice Act of 1989; and(C) any person who knowingly issues a building         permit or other official authorization for the construction or alteration of a public facility or the construction of multi-story housing in violation of this Act shall be subject to civil penalties in a sum not to exceed $1,000.(5) Bring an action for any other appropriate relief,     including, but not limited to, in lieu of a civil action, the entry of an Assurance of Voluntary Compliance with the individual or entity deemed to have violated this Act.(b) A public facility or multi-story housing continues to be in violation of this Act and the
Code following construction or alteration so long as the public facility or multi-story housing is not compliant with this
Act and the Code.(c) Beginning July 31, 2020 and by July 31 of every year thereafter, the Attorney General shall provide data on the Attorney General's website about annual enforcement efforts performed under this Act. The data shall include, but is not limited to, the following:(1) The total number of open compliance     investigations each year.(2) The 10 most frequent complaints received under     this Act that are under investigation each year.(3) The total number of complaints received under     this Act annually.(4) Assistance provided to constituents throughout     the State on the Attorney General's disability rights technical assistance line.(Source: P.A. 101-537, eff. 8-23-19.) (410 ILCS 25/7) (from Ch. 111 1/2, par. 3717)Sec. 7. 
		(Repealed). 
		
		(Source: P.A. 91-91, eff. 1-1-00. Repealed by P.A. 99-582, eff. 1-1-17.) (410 ILCS 25/8) (from Ch. 111 1/2, par. 3718)Sec. 8. Local standards. The provisions of this Act and the Code adopted under this Act constitute minimum requirements for all
governmental units, including home rule units. Any governmental unit may enact
 more stringent requirements to increase and facilitate access to
the built environment by individuals with disabilities.
(Source: P.A. 99-582, eff. 1-1-17.)
(410 ILCS 250/0.01) (from Ch. 111 1/2, par. 2100)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Developmental Disability Prevention Act.
		(Source: P.A. 86-1324.) (410 ILCS 250/1) (from Ch. 111 1/2, par. 2101)Sec. 1. 

It is hereby declared to be the policy of the State of Illinois that the
prevention of perinatal mortality and conditions leading to developmental
disabilities and other disabilities is a high priority for
attention. Efforts to reduce the incidence of perinatal risk factors by
early identification and management of the high risk woman of childbearing
age, fetus and newborn will not only decrease the predisposition to
disability but will also prove to be a cost-effective endeavor, reducing
State and private expenditures for the care and maintenance of those
persons whose disability was a result of perinatal risk factors.
(Source: P.A. 99-143, eff. 7-27-15.) (410 ILCS 250/2) (from Ch. 111 1/2, par. 2102)Sec. 2. 

As used in this Act:(a) "perinatal" means the period of time between the conception of an
infant and the end of the first month of life;(b) "congenital" means those intrauterine factors which influence the
growth, development and function of the fetus;(c) "environmental" means those extrauterine factors which influence the
adaptation, well being or life of the newborn and may lead to disability;(d) "high risk" means an increased level of risk of harm or mortality to
the woman of childbearing age, fetus or newborn from congenital and/or
environmental factors;(e) "perinatal center" means a referral facility intended to care for the
high risk patient before, during, or after labor and delivery and
characterized by sophistication and availability of personnel, equipment,
laboratory, transportation techniques, consultation and other support
services;(f) "developmental disability" means "developmental disability" as defined in Section 1-106 of the Mental Health and Developmental Disabilities Code;(g) "disability" means a condition characterized by temporary or
permanent, partial or complete impairment of physical, mental or
physiological function;(h) "Department" means the Department of Public Health.
(Source: P.A. 102-972, eff. 1-1-23.) (410 ILCS 250/3) (from Ch. 111 1/2, par. 2103)Sec. 3. 
By January 1, 1974, the Department, in conjunction with its appropriate
advisory planning committee, shall develop standards for all levels of hospital
perinatal care to include regional perinatal centers. Such standards shall
recognize and correlate with the Hospital Licensing Act approved July 1,
1953, as amended. The standards shall assure that:(a) facilities are equipped and prepared to stabilize     infants prior to transport;(b) coordination exists between general maternity     care and perinatal centers;(c) unexpected complications during delivery can be     properly managed;(d) all high risk pregnancies and childbirths are     reviewed at each hospital or maternity center to determine if such children are born with a disabling  condition or developmental disability that threatens life or development;(e) procedures are implemented to identify and report     to the Department all births of children with disabling conditions or developmental disabilities that threaten life or development;(f) children identified as having a disabling     condition or developmental disability that threatens life or development are promptly evaluated in consultation with designated regional perinatal centers and referred, when appropriate, to such centers, or to other medical specialty services, as approved by the Department and in accordance with the level of perinatal care authorized for each hospital or maternity care center for the proper management and treatment of such condition or disability;(g) hospital or maternity centers conduct postnatal     reviews of all perinatal deaths as well as reviews of the births of children born with disabling conditions or developmental disabilities that threaten life or development, utilizing criteria of case selection developed by such hospitals or maternity centers, or the appropriate medical staff committees thereof, in order to determine the appropriateness of diagnosis and treatment and the adequacy of procedures to prevent such disabilities or the loss of life;(h) high risk mothers and their spouses are provided     information, referral and counseling services to ensure informed consent to the treatment of children born with disabling conditions or developmental disabilities;(i) parents and families are provided information,     referral and counseling services to assist in obtaining habilitation, rehabilitation and special education services for children born with disabling conditions or developmental disabilities, so that such children have an opportunity to realize full potential. Such standards shall include, but not be limited to, the establishment of procedures for notification of the appropriate State and local educational service agencies regarding children who may require evaluation and assessment under such agencies;(j) consultation when indicated is provided for and     available. Perinatal centers shall provide care for the high risk expectant mother who may deliver a distressed  infant or infant with a disability. Such centers shall also provide intensive care to the high risk newborn whose life or physical well-being is in jeopardy. Standards shall include the availability of: 1 trained personnel; 2 trained neonatal nursing staff; 3 x-ray and laboratory equipment available on a 24-hour basis; 4 infant monitoring equipment; 5 transportation of mothers and/or infants; 6 genetic services; 7 surgical and cardiology consultation; and 8 other support services as may be required.The standards under this Section shall be established by rules and
regulations of the Department.  Such standards shall be deemed sufficient
for the purposes of this Act if they require the perinatal care facilities
to submit plans or enter into agreements with the Department which
adequately address the requirements of paragraphs (a) through (j) above.
(Source: P.A. 99-143, eff. 7-27-15.) (410 ILCS 250/4) (from Ch. 111 1/2, par. 2104)Sec. 4. 
		
		
		Standards developed by the Department shall be circulated to all
hospitals in the state. Hospitals interested in being designated as
perinatal centers should notify the appropriate local health planning
agency and the Department of their ability and intention to meet the new
standards, any additional funding which would be necessary to bring
facilities up to standard, special planning problems in the hospital's
referral area (transportation, shortage of facilities, personnel, etc.),
and a description of perinatal care currently provided and a description of
services that can be provided by the center in patient care, education,
consultation to region hospitals.
		(Source: P.A. 78-557.) (410 ILCS 250/5) (from Ch. 111 1/2, par. 2105)Sec. 5. 
		
		
		The Department shall consult with local health planning agencies to
determine local priorities in the development and location of perinatal
centers. Based on all the above information, the Department shall present a
plan to the General Assembly showing the designated perinatal center or
centers in every region of the state; the availability of funds which would
aid designated hospitals in meeting standards; and funding considerations
and the need for any supplemental state funds to aid hospitals in meeting
the standards and for continuing requirements, i. e., patient care,
professional education, training programs, physical facilities.
		(Source: P.A. 78-557.) (410 ILCS 250/6) (from Ch. 111 1/2, par. 2106)Sec. 6. 
		
		
		In order to assure that emergency transportation is available to
designated regional perinatal centers, the Department of Public Health, in
preparing its proposal for perinatal centers, shall include an analysis of
the adequacy of transport systems to determine:a distance and time involved between referring     hospitals and perinatal centers;b types of vehicles used and the need for additional     vehicles; andc need for upgraded vehicles and transport equipment.
		(Source: P.A. 78-557.) (410 ILCS 250/7) (from Ch. 111 1/2, par. 2107)Sec. 7. 
		
		
		Based on such information, the Department shall develop guidelines for
the infant transport component of perinatal centers.
		(Source: P.A. 78-557.) (410 ILCS 250/8) (from Ch. 111 1/2, par. 2108)Sec. 8. 
The Department of Public Health, in cooperation with the
Department of Human Services, shall establish guidelines for the
development of areawide or local programs designed to prevent high risk
pregnancies through early identification, screening, management, and
followup of the childbearing age high risk female.  Such programs shall be
based on the local assessment typically by schools, health departments,
hospitals, perinatal centers, and local medical societies of need and with
emphasis on the coordination of existing resources private and public and
in conjunction with local health planning agencies.  Funding needs for
demonstration and continuing programs shall be determined by the Department
of Human Services and Department of Public Health under their respective programs and reported to the General Assembly
along with the guidelines for such programs.
(Source: P.A. 99-901, eff. 8-26-16.) (410 ILCS 250/9) (from Ch. 111 1/2, par. 2109)Sec. 9. 
		
		
		By January 1, 1974, the Department of Public Health shall report to the
General Assembly on upgraded standards and guidelines for all maternity
care to include an inventory and recommendations for the following:a total annual deliveries;b appropriate personnel;c transportation systems available;d training capacity;e laboratory facilities; andf such other services as may be required to guarantee     a coordinated maternity care system.		(Source: P.A. 78-557.) (410 ILCS 250/10) (from Ch. 111 1/2, par. 2110)Sec. 10. 
		
		
		The effective date for the state-wide perinatal care program shall
coincide with the development of care level standards and guidelines, the
identification and approval of perinatal centers and the establishment of
an effective infant transport system. The effective date for the state-wide
perinatal program shall not be later than July 1, 1974. Appropriate
mechanisms should also be developed by the Department of Public Health for
(a) establishment of additional perinatal centers or extended care
facilities in succeeding years, (b) continuing review of data and
information related to the results of the total perinatal program and (c) a
review of funding requests and their nature from perinatal centers.
		(Source: P.A. 78-557.) (410 ILCS 250/11) (from Ch. 111 1/2, par. 2111)Sec. 11. 

The Department shall develop by July 1, 1974, and revise as necessary
each year thereafter, criteria for the identification of mothers at risk of
delivering a child whose life or development may be threatened by a
disabling condition. Such criteria shall include but need not be limited
to: (1) history of premature births; (2) complications in pregnancy
including toxemia; (3) onset of rubella during pregnancy; (4) extreme age;
and (5) incompatible blood group.
(Source: P.A. 99-143, eff. 7-27-15.) (410 ILCS 250/11.1) (from Ch. 111 1/2, par. 2111.1)Sec. 11.1. 
		
		(a) The Auditor General shall conduct a review of the Department's
and the Department of Public Aid's payment system for perinatal medical
care provided to or on behalf of pregnant women and newborn children in
Illinois who are eligible for such medical assistance, and report to the
General Assembly by March 15, 1985.(b) The Department and the Department of Public Aid shall respond to the
recommendations made by the Auditor General with respect to the perinatal
payment system.  This response shall be filed with the General Assembly
by June 1, 1985.
		(Source: P.A. 83-1248.) (410 ILCS 250/12) (from Ch. 111 1/2, par. 2112)Sec. 12. 
		
		
		The Department shall circulate the list of criteria developed under
Section 11 for identifying a mother-at-risk annually to all licensed
physicians, hospital administrators, and health officers in Illinois. In
addition, each physician shall be notified of all those facilities in the
State which are designated as regional perinatal care centers and shall be
encouraged to refer cases to such centers when appropriate.
		(Source: P.A. 78-557.) (410 ILCS 250/13) (from Ch. 111 1/2, par. 2113)Sec. 13. 
		
		The provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative rules and
procedures of the Department of Public Health under this Act, except that
Section 5-35 of the Illinois Administrative Procedure Act relating to
procedures for rule-making does not apply to the adoption of any rule required
by federal law in connection with which the Department is precluded by law from
exercising any discretion.
		(Source: P.A. 88-45.)
(410 ILCS 255/1) (from Ch. 111 1/2, par. 7551)Sec. 1. 
		
		This Act may be cited as the  WIC Vendor Management Act.
		(Source: P.A. 86-138; 86-1475.) (410 ILCS 255/2) (from Ch. 111 1/2, par. 7552)Sec. 2. 
		
		The purpose of this Act is to establish the statutory authority
for the authorization, limitation, education and compliance review of WIC
retail vendors by the Department of Human Services, and
to enable the
Department to carry out its responsibilities for fiscal management and
accountability for the food delivery system under its jurisdiction.
		(Source: P.A. 89-507, eff. 7-1-97.) (410 ILCS 255/3) (from Ch. 111 1/2, par. 7553)Sec. 3. 
		As used in this Act, unless the context otherwise requires:(a) "Department" means the Illinois Department of Human Services.(b) "Women, Infants and Children nutrition program" and "WIC" mean the
federal Special Supplemental Food Program for Women, Infants and
Children created by federal Public Law 92-433, as amended.
		(Source: P.A. 89-507, eff. 7-1-97.) (410 ILCS 255/4) (from Ch. 111 1/2, par. 7554)Sec. 4. 
		
		The Department shall establish criteria and procedures,
consistent with federal requirements, whereby retail food establishments
may apply to become retail food vendors under the WIC program.
		(Source: P.A. 86-138.) (410 ILCS 255/5) (from Ch. 111 1/2, par. 7555)Sec. 5. 
		
		(a) The Department shall establish criteria for the
authorization, education, geographic distribution and number of WIC
retail vendors.(b) The Department shall establish criteria for the minimum number of
educational activities a vendor must attend.  Such education shall include,
but shall not be limited to, standards for the acceptance of food vouchers
from clients and the standards for the submission of said vouchers for
payment.
		(Source: P.A. 86-138.) (410 ILCS 255/6) (from Ch. 111 1/2, par. 7556)Sec. 6. 
		Vendor compliance with law.(a) The Department shall develop a system for monitoring the
operations of all WIC retail food vendors to ensure compliance with federal
and State laws and rules governing the WIC program.(b) The Department shall review the alleged
violations of the
federal and State laws and the rules promulgated thereunder.(c) The Department shall develop, by rule, a system of monetary
penalties and other sanctions for any vendor, former vendor, individual,
firm, corporation,
partnership, sole proprietorship, association, commercial enterprise, business
entity, or legal entity
determined to be in
violation of this Act or program regulations.  The level and severity of
the sanctions
shall be consistent with the type and frequency of violations, and may
include, but shall not be limited to, suspension or termination from the
program as well as monetary penalties.
		(Source: P.A. 91-691, eff. 4-13-00.) (410 ILCS 255/7) (from Ch. 111 1/2, par. 7557)Sec. 7. 
		USDA Women, Infants and Children Fund.(a) The moneys received by the Department as training fees or
monetary penalties under this Act shall be deposited into the USDA Women,
Infants and Children Fund.(b) (Blank)(c) Upon the completion of any audit of the Department as prescribed by
the Illinois State Auditing Act, which audit includes an audit of the USDA
Women, Infants and Children Fund, the Department shall make a copy of the
audit open to inspection by any interested person, which copy shall be
submitted to the Department by the Auditor General, in addition to the
copies of audit reports required to be submitted to other State officers
and agencies by Section 3-14 of the Illinois State Auditing Act.
		(Source: P.A. 91-691, eff. 4-13-00.) (410 ILCS 255/8) (from Ch. 111 1/2, par. 7558)Sec. 8. 
		Rules.(a) The Department shall promulgate such rules as it deems
necessary to carry out its responsibilities under this Act and under
relevant federal laws and regulations.  Such rules shall include provisions
governing the administrative appeal process for any vendor, former vendor,
individual, firm,
corporation, partnership, sole proprietorship, association, commercial
enterprise, business entity, or legal entity that
accepts Food Instruments or receives credit or payment for Food Instruments and
that is subject to
sanctions for violations of this Act or the rules
promulgated thereunder.  If there is
a conflict between the provisions relating to penalties and the conduct of
administrative hearings under this Act and federal law, the provisions of
federal law shall prevail.(b) The provisions of the Illinois Administrative Procedure Act are hereby
expressly adopted and shall apply to all administrative
rules and procedures of the Department under this Act,
except that in case of conflict between the Illinois Administrative
Procedure Act and this Act the provisions of this Act shall control, and
except that Section 5-35 of the Illinois Administrative
Procedure Act relating to procedures for rule-making does not apply to the
adoption of any rule required by federal law in connection with which the
Department is precluded by law from exercising any discretion.
		(Source: P.A. 91-691, eff. 4-13-00.) (410 ILCS 255/8.1)Sec. 8.1. 
		Validation. 
		All otherwise lawful actions taken and expenditures
made before the
effective date of this amendatory Act of the 91st General Assembly in reliance
on the provisions of this Act included in Public Act 88-680 are hereby
validated.
		(Source: P.A. 91-691, eff. 4-13-00.) (410 ILCS 255/9) (from Ch. 111 1/2, par. 7559)Sec. 9. 
		
		Final administrative decisions after hearing shall be subject
to judicial review exclusively as provided in the Administrative Review
Law, as now or hereafter amended, except that any petition for judicial
review of Department action under this Act shall be filed within 15 days
after receipt of notice of the final agency determination.  The term
"administrative decision" has the meaning ascribed to it in Section 3-101
of the Code of Civil Procedure.
		(Source: P.A. 86-138.)
(410 ILCS 260/1)Sec. 1. Short title. This Act may be cited as the Shaken Baby Prevention Act.
(Source: P.A. 94-228, eff. 1-1-06.) (410 ILCS 260/5)Sec. 5. Definitions. In this Act:"Department" means the Department of Public Health."Director" means the Director of Public Health."Parent" means a biological mother or father, foster-mother or father, adoptive mother or father, or step-mother or step-father."Primary caregiver" means any person who is not a parent, but who provides temporary care to an infant or child, including but not limited to, a babysitter, child care provider, extended family member, nanny, or custodian."Shaken baby" means the vigorous shaking of an infant or a young child that may result in bleeding inside the head and cause one or more of the following conditions: irreversible brain damage; blindness, retinal hemorrhage, or eye damage; cerebral palsy; hearing loss; spinal cord injury, including paralysis; seizures; learning disability; central nervous system injury; closed head injury; rib fracture; subdural hematoma; or death.(Source: P.A. 94-228, eff. 1-1-06.) (410 ILCS 260/10)Sec. 10. Shaken Baby Prevention Program. Subject to appropriation, the Director shall establish a statewide Shaken Baby Prevention Program to educate parents and primary caregivers about the dangers of shaken baby and to provide alternative techniques to venting anger and frustration.  The program shall allow for voluntary participation and use multimedia educational vehicles, such as a video recording, to target the parents and primary caregivers of babies from birth through 3 years of age. Parents of newborns may choose to sign a participation form and fill out an evaluation form to record their participation in the program after viewing the multimedia educational materials. The Director, or the Director's designee, shall develop companion written materials, a program participation form, and an evaluation form. The Director shall designate and enter into contracts with experts, health care providers, and other State agencies to design and implement the program in all hospitals and child care facilities.
(Source: P.A. 94-228, eff. 1-1-06.) (410 ILCS 260/15)Sec. 15. Local health departments. Local health departments shall assist the Director in implementing and administering the Shaken Baby Prevention Program in local hospitals and child care facilities. Local health departments' specific duties  may include,  but  are  not  limited to, distributing the multimedia program materials and assisting in  the  collection  of  the  data  on  program  participation  and  the  program evaluation forms for the Department's  annual report required under Section 30.(Source: P.A. 94-228, eff. 1-1-06.) (410 ILCS 260/20)Sec. 20. Responsibilities of hospitals, health care providers, and child care providers.(a) Every hospital, maternal or pediatric health  care  provider, and  child care provider shall encourage parents and primary  caregivers  to  participate  in  the  voluntary  Shaken   Baby Prevention  Program  by:(1)  informing parents of all newborn children about     the program;(2) making available to parents the shaken  baby     awareness  and  prevention  multimedia materials provided by the Department;(3) making program participation forms developed by     the Department  available  for signing by parents after viewing the multimedia materials; and(4) keeping all program participation forms  and      evaluation forms on file.(b) Hospitals shall report to the Department by no later than the first of November of  each  year: (i)  the  total  number  of births  that  occurred at the hospital that year; (ii) the total number of viewings of the shaken baby multimedia educational materials; and (iii) the total number  of  Shaken  Baby  Prevention Program participation  forms signed at the hospital.  All  evaluation  forms  filled  out  during  the  year shall be forwarded to the Department with that data.(Source: P.A. 94-228, eff. 1-1-06.) (410 ILCS 260/25)Sec. 25. Parent support service. The Department may establish and operate a voluntary support service for parents who struggle with infant crying. The support service may include, but need not be limited to, telephone consultation and referrals to appropriate professional assistance.
(Source: P.A. 94-228, eff. 1-1-06.) (410 ILCS 260/30)Sec. 30. Annual report. The  Department  shall make an annual report to the General Assembly of its findings and recommendations concerning  the  effectiveness,  impact, and  benefits  derived  from  the  Shaken  Baby Prevention Program. The report shall contain evaluations of the program and recommendations for legislation deemed necessary and proper. The Department shall submit the report on or before the first day of January, beginning in 2007.
(Source: P.A. 94-228, eff. 1-1-06.) (410 ILCS 260/99)Sec. 99. Effective date. This Act takes effect January 1, 2006.
(Source: P.A. 94-228, eff. 1-1-06.)
(410 ILCS 265/1)Sec. 1. Short title. This Act may be cited as the Genetic and Metabolic Diseases Advisory Committee Act.
(Source: P.A. 95-695, eff. 11-5-07.) (410 ILCS 265/5)Sec. 5. Genetic and Metabolic Diseases Advisory Committee.(a) The Director of Public Health shall create the Genetic and Metabolic Diseases Advisory Committee to advise the Department of Public Health regarding issues relevant to newborn screenings of metabolic diseases.(b) The purposes of Metabolic Diseases Advisory Committee are all of the following:(1) Advise the Department regarding issues relevant     to its Genetics Program.(2) Advise the Department regarding optimal     laboratory methodologies for screening of the targeted conditions.(3) Recommend to the Department consultants who are     qualified to diagnose a condition detected by screening, provide management of care, and genetic counseling for the family.(4) Monitor the incidence of each condition for which     newborn screening is done, evaluate the effects of treatment and genetic counseling, and provide advice on disorders to be included in newborn screening panel.(5) Advise the Department on educational programs for     professionals and the general public.(6) Advise the Department on new developments and     areas of interest in relation to the Genetics Program.(7) Any other matter deemed appropriate by the     Committee and the Director.(c) The Committee shall consist of 20 members appointed by the Director of Public Health.  Membership shall include physicians, geneticists, nurses, nutritionists,  and other allied health professionals, as well as patients and parents. Ex-officio members may be appointed, but shall not have voting privileges.(d) Members of the Committee may receive compensation for necessary expenses incurred in the performance of their duties. (Source: P.A. 98-440, eff. 8-16-13.) (410 ILCS 265/10)Sec. 10. (Amendatory provisions; text omitted).
(Source: P.A. 95-695, eff. 11-5-07; text omitted.) (410 ILCS 265/15)Sec. 15. (Amendatory provisions; text omitted).
(Source: P.A. 95-695, eff. 11-5-07; text omitted.) (410 ILCS 265/99)Sec. 99. Effective date. This Act takes effect upon becoming law.

(Source: P.A. 95-695, eff. 11-5-07.)
(410 ILCS 27/1)Sec. 1. Short title. This Act may be cited as the Epinephrine Injector Act.
(Source: P.A. 99-711, eff. 1-1-17; 100-799, eff. 1-1-19.) (410 ILCS 27/5)Sec. 5. Definitions. As used in this Act:"Administer" means to directly apply an epinephrine injector to the body of an individual."Authorized entity" means any entity or organization, other than a school covered under Section 22-30 of the School Code, in connection with or at which allergens capable of causing anaphylaxis may be present, including, but not limited to, independent contractors who provide student transportation to schools, recreation camps, colleges and universities, day care facilities, youth sports leagues, amusement parks, restaurants, sports arenas, and places of employment. The Department shall, by rule, determine what constitutes a day care facility under this definition."Department" means the Department of Public Health."Epinephrine  injector" includes an auto-injector approved by the United States Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the United States Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector."Health care practitioner" means a physician licensed to practice medicine in all its branches under the Medical Practice Act of 1987, a physician assistant under the Physician Assistant Practice Act of 1987 with prescriptive authority, or an advanced practice registered nurse with prescribing authority under Article 65 of the Nurse Practice Act."Pharmacist" has the meaning given to that term under subsection (k-5) of Section 3 of the Pharmacy Practice Act."Undesignated epinephrine injector" means an epinephrine injector prescribed in the name of an authorized entity.
(Source: P.A. 99-711, eff. 1-1-17; 100-513, eff. 1-1-18; 100-799, eff. 1-1-19.) (410 ILCS 27/10)Sec. 10. Prescription to authorized entity; use; training.(a) A health care practitioner may prescribe epinephrine injectors in the name of an authorized entity for use in accordance with this Act, and pharmacists and health care practitioners may dispense epinephrine injectors pursuant to a prescription issued in the name of an authorized entity. Such prescriptions shall be valid for a period of 2 years.(b) An authorized entity may acquire and stock a supply of undesignated epinephrine injectors pursuant to a prescription issued under subsection (a) of this Section. Such undesignated epinephrine injectors shall be stored in a location readily accessible in an emergency and in accordance with the instructions for use of the epinephrine injectors. The Department may establish any additional requirements an authorized entity must follow under this Act.(c) An employee or agent of an authorized entity or other individual who has completed training under subsection (d) of this Section may:(1) provide an epinephrine injector to any individual     on the property of the authorized entity whom the employee, agent, or other individual believes in good faith is experiencing anaphylaxis, or to the parent, guardian, or caregiver of such individual, for immediate administration, regardless of whether the individual has a prescription for an epinephrine injector or has previously been diagnosed with an allergy; or(2) administer an epinephrine injector to any     individual on the property of the authorized entity whom the employee, agent, or other individual believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine injector or has previously been diagnosed with an allergy.(d) An employee, agent, or other individual authorized must complete an anaphylaxis training program before he or she is able to provide or administer an epinephrine injector under this Section. Such training shall be valid for a period of 2 years and shall be conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment. The Department shall include links to training providers' websites on its website.Training shall include, but is not limited to:(1)  how to recognize signs and symptoms of an     allergic reaction, including anaphylaxis;(2)  how to administer an epinephrine injector; and(3) a test demonstrating competency of the knowledge     required to recognize anaphylaxis and administer an epinephrine injector.Training may also include, but is not limited to:(A) a review of high-risk areas on the authorized     entity's property and its related facilities;(B) steps to take to prevent exposure to allergens;(C) emergency follow-up procedures; and(D) other criteria as determined in rules adopted     pursuant to this Act.Training may be conducted either online or in person.  The Department shall approve training programs and list permitted training programs on the Department's Internet website.
(Source: P.A. 99-711, eff. 1-1-17; 100-799, eff. 1-1-19.) (410 ILCS 27/15)Sec. 15. Costs.  Whichever entity initiates the process of obtaining undesignated epinephrine injectors and providing training to personnel for carrying and administering undesignated epinephrine injectors shall pay for the costs of the undesignated epinephrine injectors.
(Source: P.A. 99-711, eff. 1-1-17; 100-799, eff. 1-1-19.) (410 ILCS 27/20)Sec. 20. Limitations.  The use of an undesignated epinephrine injector in accordance with the requirements of this Act does not constitute the practice of medicine or any other profession that requires medical licensure.Nothing in this Act shall limit the amount of epinephrine injectors that an authorized entity or individual may carry or maintain a supply of.
(Source: P.A. 99-711, eff. 1-1-17; 100-799, eff. 1-1-19.) (410 ILCS 27/85)Sec. 85. Rulemaking. The Department shall adopt any rules necessary to implement and administer this Act.
(Source: P.A. 99-711, eff. 1-1-17.) (410 ILCS 27/87)Sec. 87. (Amendatory provisions; text omitted).
(Source: P.A. 99-711, eff. 1-1-17; text omitted.) (410 ILCS 27/88)Sec. 88. (Amendatory provisions; text omitted).
(Source: P.A. 99-711, eff. 1-1-17; text omitted.) (410 ILCS 27/90)Sec. 90. (Amendatory provisions; text omitted).
(Source: P.A. 99-711, eff. 1-1-17; text omitted.) (410 ILCS 27/95)Sec. 95. (Amendatory provisions; text omitted).
(Source: P.A. 99-711, eff. 1-1-17; text omitted.) (410 ILCS 27/100)Sec. 100. (Amendatory provisions; text omitted).
(Source: P.A. 99-711, eff. 1-1-17; text omitted.)
(410 ILCS 270/1)Sec. 1. Short title; references to Act.(a) Short title. This Act may be cited as the Reducing the Risk of Skin Cancer and Excessive UV Exposure in Children Act.(b) References to Act. This Act may be referred to as the SUNucate Law.
(Source: P.A. 100-1176, eff. 1-11-19.) (410 ILCS 270/5)Sec. 5. Definition.  In this Act, "school personnel" means any employee of a school.
(Source: P.A. 100-1176, eff. 1-11-19.) (410 ILCS 270/10)Sec. 10. Purpose.  The General Assembly finds and declares the following:(1) Many children are exposed to ultraviolet (UV)     radiation due to suboptimal sunscreen use and high rates of sunburning and are therefore at risk of excessive UV exposure, which could lead to skin cancer development. It is a high priority to ensure that children can use sunscreen and sun-protective clothing when outdoors.(2) News outlets have reported that some schools do     not allow children to bring or use sunscreen without a prescription due to medication bans and fears of legal ramifications.(3) The Centers for Disease Control and Prevention     believe that school policies that prohibit hats or student possession of sunscreen can create barriers to the use of important sun protection methods.(4) The United States Preventive Services Task Force      recommends educating children, adolescents, and young adults on the dangers of sun exposure to reduce the risk of skin cancer.(5) It is in the public's interest that schools set     policies that include education on sun exposure and encourage our youth to use sun protection, including sunscreen and sun-protective clothing.(Source: P.A. 100-1176, eff. 1-11-19.) (410 ILCS 270/15)Sec. 15. Sun-protective measures in schools and youth camps.(a) A student may possess and use a topical sunscreen product while on school property or at a school-sponsored event or activity without a physician's note or prescription if the product is approved by the United States Food and Drug Administration for over-the-counter use for the purpose of limiting ultraviolet light-induced skin damage.(b) A participant in a youth camp may possess and use a topical sunscreen product while attending the camp without a physician's note or prescription if the product is approved by the United States Food and Drug Administration for over-the-counter use for the purpose of limiting ultraviolet light-induced skin damage.(c) A school district or youth camp operator may allow school or youth camp personnel to assist students or participants in applying a topical sunscreen product with parental permission.(d) Except for willful or wanton misconduct, school personnel may not be held liable in a criminal or civil action for application of a topical sunscreen product if the topical sunscreen product is available to and used by the student in accordance with this Section.(e) A school district or youth camp shall allow a student or participant to use articles of sun-protective clothing outdoors, including, but not limited to, hats. A school district or youth camp may set a policy related to the type of sun-protective clothing that will be allowed to be used outdoors  under this subsection (e). Specific clothing determined by school or youth camp personnel to be inappropriate apparel may be prohibited by the policy.
(Source: P.A. 100-1176, eff. 1-11-19.) (410 ILCS 270/20)Sec. 20. Sun-safe education. Beginning with the 2019-2020 school year, a school district may incorporate in its curriculum a unit of instruction on skin cancer prevention that is provided in an age appropriate manner and that includes, but is not limited to, the following components:(1) the basic facts about skin cancer, including, but     not limited to, the negative impact of human exposure to ultraviolet radiation obtained through sunburns and indoor tanning; and(2) a comprehensive set of strategies and behaviors     to reduce the risk of contracting skin cancer, including, but not limited to, the use of sunscreen and sun-protective clothing.(Source: P.A. 100-1176, eff. 1-11-19.) (410 ILCS 270/99)Sec. 99. Effective date. This Act takes effect upon becoming law. 
(Source: P.A. 100-1176, eff. 1-11-19.)
(410 ILCS 3/1)Sec. 1. 
		Short title. 
		This Act may be cited as the Atherosclerosis Prevention Act.
		(Source: P.A. 91-343, eff. 1-1-00.) (410 ILCS 3/5)Sec. 5. 
		Program. 
		The Department of Public Health shall establish a
program for the prevention of atherosclerosis and
the
reduction of disability and
death from the disease.  The program shall encourage and assist in the
development of research, education, and preventive services and activities
under public and voluntary auspices directed toward the prevention and
elimination of atherosclerosis.
		(Source: P.A. 91-343, eff. 1-1-00.) (410 ILCS 3/10)Sec. 10. (Repealed).
	 
	 (Source: P.A. 91-343, eff. 1-1-00. Repealed by P.A. 98-692, eff. 7-1-14.) (410 ILCS 3/15)Sec. 15. 
		Duties. 
		The Department of Public Health, with the advice of the
Atherosclerosis Advisory Committee, shall do all of the following:(1) Develop standards for determining eligibility for     support of research, education, and prevention activities.(2) Assist in the development and expansion of     programs for research in the causes and cures of atherosclerosis, including medical procedures and techniques that have a lifesaving effect in the care and treatment of persons suffering from the disease.(3) Assist in expanding resources for research and     medical care in the cardiovascular disease field.(4) Establish or cause to be established, through its     own resources or by contract or otherwise, with other agencies or institutions, facilities and systems for early detection of persons with heart disease or conditions that might lead to heart disease and for referral to those persons' physicians or other appropriate resources for care.(5) Institute and carry on educational programs among     physicians, hospitals, public health departments, and the public concerning atherosclerosis, including the dissemination of information and the conducting of educational programs concerning the prevention of atherosclerosis and the methods for the care and treatment of persons suffering from the disease.		(Source: P.A. 91-343, eff. 1-1-00.)
(410 ILCS 30/0.01) (from Ch. 111 1/2, par. 3900)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Elevator Tactile Identification Act.
		(Source: P.A. 86-1324.) (410 ILCS 30/1) (from Ch. 111 1/2, par. 3901)Sec. 1. 
In each building, including commercial, residential and institutional
structures, served during regular business hours by an unsupervised automatic
passenger elevator for use by the general public, the elevator, or at least
the left elevator where there is more than one elevator in any bank of elevators,
shall be equipped with elevator controls, within the elevator and at each
floor level served by the elevator, which have tactile
identification or braille markings, pursuant to the following schedule:(a) New elevators for which building permits are     issued after the effective date of this Act or October 1, 1977, whichever date is later - immediately;(b) Existing elevators undergoing renovation of the     control panel for which building permits are issued after the effective date of this Act or October 1, 1977, whichever date is later - immediately;(c) Existing elevators not undergoing renovation, the     earlier of:(1) 90 days after the effective date of Federal         standards governing elevator control markings applicable to privately owned buildings, or(2) June 30, 1980.All tactile identification except braille shall be in contrasting colors
and consist of raised letters, numbers, labels or plaques for persons with a visual disability.
(Source: P.A. 99-143, eff. 7-27-15.) (410 ILCS 30/2) (from Ch. 111 1/2, par. 3902)Sec. 2. 
		
		(a) Any person, corporation, partnership, association or other
entity who, being the owner of, or is otherwise in control of, any unsupervised
automatic passenger elevator for use by the general public, and who fails
to apply and maintain tactile identification as required by this Act, is
guilty of a petty offense, and shall be fined $100.  Each day on which the
owner or other person fails to provide the requisite tactile identification
constitutes a separate and distinct offense.(b) Any person who removes the tactile identification required by this
Act is guilty of a petty offense and shall be fined $100.
		(Source: P.A. 80-384.) (410 ILCS 30/3) (from Ch. 111 1/2, par. 3903)Sec. 3. 
		The provisions of this Act shall be enforced by the State Fire Marshal. 
		(Source: P.A. 80-384.)
(410 ILCS 303/1)Sec. 1. Short title. This Act may be cited as the African-American HIV/AIDS Response Act.
(Source: P.A. 94-629, eff. 1-1-06.) (410 ILCS 303/5)Sec. 5. Legislative finding.  The General Assembly finds
that HIV/AIDS in the African-American community is a crisis
separate and apart from the overall issue of HIV/AIDS in other
communities.

(Source: P.A. 94-629, eff. 1-1-06.) (410 ILCS 303/10)Sec. 10. African-American HIV/AIDS Response Officer.  An African-American HIV/AIDS Response Officer, responsible for coordinating efforts to address the African-American AIDS crisis within his or her respective Office or Department and serving as a liaison to governmental and non-governmental entities beyond his or her respective Office or Department regarding the same, shall be designated in each of the following:(1) The Office of the Governor.(2) The Department of Human Services.(3) The Department of Public Health.(4) The Department of Corrections.

(Source: P.A. 94-629, eff. 1-1-06.) (410 ILCS 303/15)Sec. 15. State agencies; HIV testing.(a) In this Section:"High-risk community" means a community designated as high-risk by the Department of Public Health in rules."High-traffic facility" means a high-traffic facility as defined by the State agency operating the facility."State agency" means (i) any department of State government created under Section 5-15 of the Departments of State Government Law of the Civil Administrative Code of Illinois or (ii) the Office of the Secretary of State.(b) The Department of Public Health shall coordinate the response to HIV/AIDS in the African-American community.(c) A State agency that operates a facility that (i) is accessible to the public, (ii) is a high-traffic facility, and (iii) serves a high-risk community must provide the following in each such facility where space and security reasonably permit:
        space for free HIV counseling and antibody testing to a community-based organization licensed to do testing, in accordance with the AIDS Confidentiality Act and rules adopted by the Department of Public Health.
The State agency or its employees shall not conduct any counseling or testing required to be provided under this subsection, but the agency shall make appropriate arrangements with one or more certified community-based organizations to conduct the counseling or testing.  The testing required to be provided under this subsection is the rapid testing authorized under Section 5.5 of the AIDS Confidentiality Act.(d) Neither the State of Illinois nor any State agency supplying space for services authorized by this Section shall be liable for damages based on the provision of such space or claimed to result from any services performed in such space, except that this immunity does not apply in the case of willful and wanton misconduct.
(Source: P.A. 94-629, eff. 1-1-06.) (410 ILCS 303/20)Sec. 20. Study. The Illinois HIV/AIDS Policy and Research Institute at Chicago State University shall conduct a study to determine whether there is a correlation between incarceration and HIV infection.
(Source: P.A. 94-629, eff. 1-1-06.) (410 ILCS 303/25)Sec. 25. HIV/AIDS Response Review Panel.(a) The HIV/AIDS Response Review Panel is established within the Office of the Governor. The Panel shall consist of the following members:(1) One member appointed by the Governor. This member     shall serve as the Chair of the Panel.(2) One representative of each of the following,     appointed by the head of the department: the Department of Corrections; the Department of Human Services; and the Department of Public Health.(3) Two ex-offenders who are familiar with the issue     of HIV/AIDS as it relates to incarceration, appointed by Governor. One of these members must be from Cook County, and the other must be from a county other than Cook. Both of these members must have received a final discharge from the Department of Corrections.(4) Three representatives of HIV/AIDS organizations     that have been in business for at least 2 years, appointed by Governor. In the case of such an organization that represents a constituency the majority of whom are African-American, the organization's representative who is a member of the Panel must be African-American.(b) The Panel shall review the implementation of this Act within the Department of Corrections and shall file a report with the General Assembly and with the Governor every January 1 stating the results of its review.
(Source: P.A. 94-629, eff. 1-1-06.) (410 ILCS 303/27)Sec. 27. African-American HIV/AIDS Response Fund.(a) The African-American HIV/AIDS Response Fund is created as a special fund in the State treasury.  Moneys deposited into the Fund shall, subject to appropriation, be used for grants for programs to prevent the transmission of HIV and other programs and activities consistent with the purposes of this Act, including, but not limited to, preventing and treating HIV/AIDS, the creation of an HIV/AIDS service delivery system, and the administration of the Act. Moneys for the Fund shall come from appropriations by the General Assembly, federal funds, and other public resources.(b) The Fund shall provide resources for communities in Illinois to create an HIV/AIDS service delivery system that reduces the disparity of HIV infection and AIDS cases between African-Americans and other population groups in Illinois that may be impacted by the disease by, including but, not limited to:(1) developing, implementing, and maintaining a     comprehensive, culturally sensitive HIV Prevention Plan targeting communities that are identified as high-risk in terms of the impact of the disease on African-Americans;(2) developing, implementing, and maintaining a     stable HIV/AIDS service delivery infrastructure in Illinois communities that will meet the needs of African-Americans;(3) developing, implementing, and maintaining a     statewide HIV/AIDS testing program;(4) providing funding for HIV/AIDS social and     scientific research to improve prevention and treatment;(5) providing comprehensive technical and other     assistance to African-American community service organizations that are involved in HIV/AIDS prevention and treatment;(6) developing, implementing, and maintaining an     infrastructure for African-American community service organizations to make them less dependent on government resources;(7) (blank); and(8) creating, maintaining, or creating and     maintaining at least one Black-led Center of Excellence HIV Biomedical Resource Hub for every $3,000,000 of available funding to improve Black health and eliminate Black HIV-related health disparities; a Center of Excellence may be developed on a stand-alone or a collaborative basis and may provide regional comprehensive HIV preventative care and essential support services, which may include, but are not limited to, PrEP assessment, same day prescription delivery, primary HIV medical care or referral, case management, outpatient mental health, outpatient substance abuse, treatment, medication adherence, nutritional supplemental support, housing, financial assistance, workforce development, criminal justice involvement, and advocacy services.(c) When providing grants pursuant to this Fund, the Department of Public Health shall give priority to the development of comprehensive medical and social services to African-Americans at risk of infection from or infected with HIV/AIDS in areas of the State determined to have the greatest geographic prevalence of HIV/AIDS in the African-American population.(d) (Blank).
(Source: P.A. 102-1052, eff. 1-1-23.) (410 ILCS 303/30)Sec. 30. Rules.(a) No later than March 15, 2006, the Department of Public Health shall issue proposed rules for designating high-risk communities and for implementing subsection (c) of Section 15.  The rules must include, but may not be limited to, a standard testing protocol, training for staff, community-based organization experience, and the removal and proper disposal of hazardous waste.(b) The Department of Human Services, the Department of Public Health, and the Department of Corrections shall adopt rules as necessary to ensure that this Act is implemented within 6 months after the effective date of this Act.(c) The Department of Public Health shall adopt rules necessary to implement and administer the African-American HIV/AIDS Response Fund.
					
					(Source: P.A. 94-629, eff. 1-1-06; 94-797, eff. 1-1-07.) (410 ILCS 303/35)Sec. 35. Implementation subject to appropriation. 
		Implementation of this Act is subject to appropriation.
		(Source: P.A. 94-629, eff. 1-1-06.) (410 ILCS 303/90)Sec. 90. 
	(Amendatory provisions; text omitted).
	

(Source: P.A. 94-629, eff. 1-1-06; text omitted.) (410 ILCS 303/92)Sec. 92. 
	(Amendatory provisions; text omitted).
	

(Source: P.A. 94-629, eff. 1-1-06; text omitted.) (410 ILCS 303/94)Sec. 94. 
	(Amendatory provisions; text omitted).
	

(Source: P.A. 94-629, eff. 1-1-06; text omitted.) (410 ILCS 303/95)Sec. 95. 
	(Amendatory provisions; text omitted).
	

(Source: P.A. 94-629, eff. 1-1-06; text omitted.) (410 ILCS 303/99)Sec. 99. Effective date. This Act takes effect January 1, 2006.
(Source: P.A. 94-629, eff. 1-1-06.)
(410 ILCS 305/1) (from Ch. 111 1/2, par. 7301)Sec. 1. 
		
		This Act shall be known and may be cited as the "AIDS
Confidentiality Act".
		(Source: P.A. 85-677; 85-679.) (410 ILCS 305/2) (from Ch. 111 1/2, par. 7302)Sec. 2. The General Assembly finds that:(1) The use of tests designed to reveal a condition indicative of Human
Immunodeficiency Virus (HIV) infection can be a valuable
tool in protecting
the public health.(2) Despite existing laws, regulations and professional standards which
require or promote the informed, voluntary and confidential use of tests
designed to reveal HIV infection, many members of the public are deterred
from seeking such testing because they misunderstand the nature of the test
or fear that test results or other health information that reveals their HIV status will be disclosed without their consent.(3) The public health will be served by facilitating informed,
voluntary and confidential use of tests designed to reveal HIV infection and appropriately protecting the health information privacy of patients who are HIV-positive.(4) The public health will also be served by expanding the availability of informed, voluntary, and confidential HIV testing and treatment and making HIV testing a routine part of general medical care, as recommended by the United States Centers for Disease Control and Prevention.(5) The use of electronic health record systems and the exchange of electronic patient records, both paper and electronic, through secure means, including through secure health information exchanges, should be encouraged to improve patient health care and care coordination, facilitate public health reporting, and control health care costs, among other purposes.(6) Limiting the use or disclosure of, and requests for, protected health information to the minimum necessary to accomplish an intended purpose, when being transmitted by or on behalf of a covered entity under HIPAA, is a key component of health information privacy.  The disclosure of HIV-related information, when allowed by this Act, shall be performed in accordance with the minimum necessary standard when required under HIPAA. (Source: P.A. 98-1046, eff. 1-1-15.) (410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)Sec. 3. Definitions. When used in this Act:(a) "AIDS" means acquired immunodeficiency syndrome.(b) "Authority" means the Illinois Health Information Exchange Authority established pursuant to the Illinois Health Information Exchange and Technology Act.(c) "Business associate" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103.(d) "Covered entity" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103.(e) "De-identified information" means health information that is not individually identifiable as described under HIPAA, as specified in 45 CFR 164.514(b).(f) "Department" means the Illinois Department of Public Health or its designated agents.(g) "Disclosure" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103.(h) "Health care operations" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 164.501.(i) "Health care professional" means (i) a licensed physician, (ii) a licensed
physician assistant, (iii) a licensed advanced practice registered nurse, (iv) an advanced practice registered nurse or physician assistant who practices in a hospital or ambulatory surgical treatment center and possesses appropriate clinical privileges, (v) a licensed dentist, (vi) a licensed podiatric physician, or (vii) an
individual certified to provide HIV testing and counseling by a state or local
public health
department.(j) "Health care provider" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103.(k) "Health facility" means a hospital, nursing home, blood bank, blood
center, sperm bank, or other health care institution, including any "health
facility" as that term is defined in the Illinois Finance Authority
Act.(l) "Health information exchange" or "HIE" means a health information exchange or health information organization that oversees and governs the electronic exchange of health information that (i) is established pursuant to the Illinois Health Information Exchange and Technology Act, or any subsequent amendments thereto, and any administrative rules adopted thereunder; (ii) has established a data sharing arrangement with the Authority; or (iii) as of August 16, 2013, was designated by the Authority Board as a member of, or was represented on, the Authority Board's Regional Health Information Exchange Workgroup; provided that such designation
shall not require the establishment of a data sharing arrangement or other participation with the Illinois Health
Information Exchange or the payment of any fee. In certain circumstances, in accordance with HIPAA, an HIE will be a business associate.(m)  "Health oversight agency" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 164.501.(n) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended by the Health Information Technology for Economic and Clinical Health Act of 2009, Public Law 111-05, and any subsequent amendments thereto and any regulations promulgated thereunder.(o) "HIV" means the human immunodeficiency virus.(p) "HIV-related information" means the identity of a person upon whom an HIV test is performed, the results of an HIV test, as well as diagnosis, treatment, and prescription information that reveals a patient is HIV-positive, including such information contained in a limited data set.  "HIV-related information" does not include information that has been de-identified in accordance with HIPAA.(q) "Informed consent" means:(1) where a health care provider, health care     professional, or health facility has implemented opt-in testing, a process by which an individual or their legal representative receives pre-test information, has an opportunity to ask questions, and consents verbally or in writing to the test without undue inducement or any element of force, fraud, deceit, duress, or other form of constraint or coercion; or(2) where a health care provider, health care     professional, or health facility has implemented opt-out testing, the individual or their legal representative has been notified verbally or in writing that the test is planned, has received pre-test information, has been given the opportunity to ask questions and the opportunity to decline testing, and has not declined testing; where such notice is provided, consent for opt-out HIV testing may be incorporated into the patient's general consent for medical care on the same basis as are other screening or diagnostic tests; a separate consent for opt-out HIV testing is not required.In addition, where the person providing informed consent is a participant in an HIE, informed consent requires a fair explanation that the results of the patient's HIV test will be accessible through an HIE and meaningful disclosure of the patient's opt-out right under Section 9.6 of this Act.A health care provider, health care professional, or health facility undertaking an informed consent process for HIV testing under this subsection may combine a form used to obtain informed consent for HIV testing with forms used to obtain written consent for general medical care or any other medical test or procedure, provided that the forms make it clear that the subject may consent to general medical care, tests, or procedures without being required to consent to HIV testing, and clearly explain how the subject may decline HIV testing. Health facility clerical staff or other staff responsible for the consent form for general medical care may obtain consent for HIV testing through a general consent form.(r) "Limited data set" has the meaning ascribed to it under HIPAA, as described in 45 CFR 164.514(e)(2).(s) "Minimum necessary" means the HIPAA standard for using, disclosing, and requesting protected health information found in 45 CFR 164.502(b) and 164.514(d).(s-1) "Opt-in testing" means an approach where an HIV test is presented by offering the test and the patient accepts or declines testing.(s-3) "Opt-out testing" means an approach where an HIV test is presented such that a patient is notified that HIV testing may occur unless the patient declines.(t) "Organized health care arrangement" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103.(u) "Patient safety activities" has the meaning ascribed to it under 42 CFR 3.20.(v) "Payment" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 164.501.(w) "Person" includes any natural person, partnership, association, joint venture, trust, governmental entity, public or private corporation, health facility, or other legal entity.(w-5) "Pre-test information" means:(1) a reasonable explanation of the test, including     its purpose, potential uses, limitations, and the meaning of its results; and(2) a reasonable explanation of the procedures to be     followed, including the voluntary nature of the test, the availability of a qualified person to answer questions, the right to withdraw consent to the testing process at any time, the right to anonymity to the extent provided by law with respect to participation in the test and disclosure of test results, and the right to confidential treatment of information identifying the subject of the test and the results of the test, to the extent provided by law.Pre-test information may be provided in writing, verbally, or by video, electronic, or other means and may be provided as designated by the supervising health care professional or the health  facility.For the purposes of this definition, a qualified person to answer questions is a health care professional or, when acting under the supervision of a health care professional, a registered nurse, medical assistant, or other person determined to be sufficiently knowledgeable about HIV testing, its purpose, potential uses, limitations, the meaning of the test results, and the testing procedures in the professional judgment of a supervising health care professional or as designated by a health care facility.(x) "Protected health information" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103.(y) "Research" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 164.501.(z) "State agency" means an instrumentality of the State of Illinois and any instrumentality of another state that, pursuant to applicable law or a written undertaking with an instrumentality of the State of Illinois, is bound to protect the privacy of HIV-related information of Illinois persons.(aa) "Test" or "HIV test" means a test to determine the presence of the
antibody or antigen to HIV, or of HIV infection.(bb) "Treatment" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 164.501.(cc) "Use" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103, where context dictates. 
(Source: P.A. 99-54, eff. 1-1-16; 99-173, eff. 7-29-15; 99-642, eff. 7-28-16; 100-513, eff. 1-1-18.) (410 ILCS 305/4) (from Ch. 111 1/2, par. 7304)Sec. 4. Informed consent. No person may order an HIV test without first providing pre-test information, as defined under subsection (w-5) of Section 3 of this Act, and receiving
the informed consent
of the subject of the test or the subject's legally authorized
representative in accordance with paragraph (1) or (2) of subsection (q) of Section 3 of this Act.A health care provider, health care professional, or health care facility conducting opt-in testing and obtaining informed consent pursuant to paragraph (1) of subsection (q) of Section 3 shall document verbal or written consent in the general consent for medical care, a separate consent form, or elsewhere in the medical record.A health care provider, health care professional, or health care facility conducting opt-out testing pursuant to paragraph (2) of subsection (q) of Section 3 shall document the subject's or the subject's legally authorized representative's declination of the test in the medical record. Individual documentation of the provision of pre-test information to each test subject is not required. A health care provider, health care professional, or health facility conducting opt-out testing  and shall establish and implement a written procedure for conducting opt-out testing pursuant to paragraph (2) of subsection (q) of Section 3 and for providing pre-test information, as that term is defined under subsection (w-5) of Section 3 of this Act.

(Source: P.A. 99-54, eff. 1-1-16.) (410 ILCS 305/5) (from Ch. 111 1/2, par. 7305)Sec. 5. (Repealed). 
		(Source: P.A. 95-7, eff. 6-1-08. Repealed by P.A. 99-54, eff. 1-1-16.) (410 ILCS 305/5.5)Sec. 5.5. 
		Rapid testing. 
		The Department shall adopt rules to allow for the
implementation of HIV/AIDS rapid testing. The rules must include, but need not
be
limited to, standards for ordering and administration of testing and counseling
and dissemination of test
results.
		(Source: P.A. 93-482, eff. 8-8-03.) (410 ILCS 305/6) (from Ch. 111 1/2, par. 7306)Sec. 6. Any individual seeking an HIV test shall have the right to anonymous testing, unless identification of the test subject is otherwise required.  Anonymous testing shall be performed after pre-test information is provided and informed consent is obtained, using a coded system that does not link individual identity with the request or result. A health care facility or health care provider that does not provide anonymous testing shall refer an individual requesting an anonymous test to a site where it is available.
						
The Department may, if it deems necessary,
promulgate regulations exempting blood banks, as defined in
the Illinois Blood Bank Act, from the
requirements of this Section.
		(Source: P.A. 95-7, eff. 6-1-08.) (410 ILCS 305/7) (from Ch. 111 1/2, par. 7307)Sec. 7. (a) Notwithstanding the provisions of Sections 4, 5
and 6 of this Act, informed consent is not required for a health
care provider or health facility to perform a test when the health care
provider or health facility procures, processes, distributes or uses a
human body part donated for a purpose specified under the Illinois

Anatomical Gift Act, or semen provided prior to the effective date of this
Act for the purpose of artificial insemination, and such a test is
necessary to assure medical acceptability of such gift or semen for the
purposes intended.(b) Informed consent is not required for a health care
provider or health facility to perform a test when a health care provider
or employee of a health facility, or a firefighter or an EMR, EMT, EMT-I, A-EMT, paramedic, or PHRN,
is involved in an accidental direct skin or mucous membrane contact with
the blood or bodily fluids of an individual which is of a nature that may
transmit HIV, as determined by a physician in his medical judgment.  Should
such test prove to be positive, the patient and the health care provider,
health facility employee, firefighter, EMR, EMT, EMT-I, A-EMT, paramedic, or PHRN shall be
provided appropriate counseling consistent with this Act.(c) Informed consent is not required for a health care
provider or health facility to perform a test when a law enforcement
officer is involved in the line of duty in a direct skin or mucous membrane
contact with the blood or bodily fluids of an individual which is of a
nature that may transmit HIV, as determined by a physician in his medical
judgment.  Should such test prove to be positive, the patient shall be
provided appropriate counseling consistent with this Act.  For purposes of
this subsection (c), "law enforcement officer" means any person employed by
the State, a county or a municipality as a policeman, peace officer,
auxiliary policeman, correctional officer or in some like position
involving the enforcement of the law and protection of the public interest
at the risk of that person's life.

(Source: P.A. 98-973, eff. 8-15-14.) (410 ILCS 305/8) (from Ch. 111 1/2, par. 7308)Sec. 8. Notwithstanding the provisions of Sections 4 and 5 of this Act,
 informed consent and pre-test
						information are not required for the
performance of an HIV test: (a)
for the purpose of research, if the testing is performed in such a way that
the identity of the test subject is not known and may not be retrieved by
the researcher, and in such a way that the test subject is not informed of
the results of the testing, or (b) when in the judgment of the physician,
such testing is medically indicated to provide appropriate diagnosis and
treatment to the subject of the test, provided that the subject of the test
has otherwise provided his or her consent to such physician for medical treatment.
		(Source: P.A. 95-7, eff. 6-1-08.) (410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)Sec. 9. (1) No person may disclose or be compelled to disclose HIV-related information, except to the following persons:(a) The subject of an HIV test or the subject's     legally authorized representative.  A physician may notify the spouse or civil union partner of the test subject, if the test result is positive and has been confirmed pursuant to rules adopted by the Department, provided that the physician has first sought unsuccessfully to persuade the patient to notify the spouse or civil union partner or that, a reasonable time after the patient has agreed to make the notification, the physician has reason to believe that the patient has not provided the notification. This paragraph shall not create a duty or obligation under which a physician must notify the spouse or civil union partner of the test results, nor shall such duty or obligation be implied. No civil liability or criminal sanction under this Act shall be imposed for any disclosure or non-disclosure of a test result to a spouse or civil union partner by a physician acting in good faith under this paragraph.  For the purpose of any proceedings, civil or criminal, the good faith of any physician acting under this paragraph shall be presumed.(b) Any person designated in a legally effective     authorization for release of the HIV-related information executed by the subject of the HIV-related information or the subject's legally authorized representative.(c) An authorized agent or employee of a health     facility or health care provider if the health facility or health care provider itself is authorized to obtain the test results, the agent or employee provides patient care or handles or processes specimens of body fluids or tissues, and the agent or employee has a need to know such information.(d) The Department and local health authorities     serving a population of over 1,000,000 residents or other local health authorities as designated by the Department, in accordance with rules for reporting, preventing, and controlling the spread of disease and the conduct of public health surveillance, public health investigations, and public health interventions, as otherwise provided by State law.  The Department,  local health authorities, and authorized representatives shall not disclose HIV test results and HIV-related information, publicly or in any action of any kind in any court or before any tribunal, board, or agency.  HIV test results and HIV-related information shall be protected from disclosure in accordance with the provisions of Sections 8-2101 through 8-2105 of the Code of Civil Procedure.(e) A health facility, health care provider, or     health care professional which procures, processes, distributes or uses: (i) a human body part from a deceased person with respect to medical information regarding that person; or (ii) semen provided prior to the effective date of this Act for the purpose of artificial insemination.(f) Health facility staff committees for the purposes     of conducting program monitoring, program evaluation or service reviews.(f-5) (Blank).(g) (Blank).(h) Any health care provider, health care     professional, or employee of a health facility, and any firefighter or EMR, EMT, A-EMT, paramedic, PHRN, or EMT-I, involved in an accidental direct skin or mucous membrane contact with the blood or bodily fluids of an individual which is of a nature that may transmit HIV, as determined by a physician in his medical judgment.(i) Any law enforcement officer, as defined in     subsection (c) of Section 7, involved in the line of duty in a direct skin or mucous membrane contact with the blood or bodily fluids of an individual which is of a nature that may transmit HIV, as determined by a physician in his medical judgment.(j) A temporary caretaker of a child taken into     temporary protective custody by the Department of Children and Family Services pursuant to Section 5 of the Abused and Neglected Child Reporting Act, as now or hereafter amended.(k) In the case of a minor under 18 years of age     whose test result is positive and has been confirmed pursuant to rules adopted by the Department, the health care professional who ordered the test shall make a reasonable effort to notify the minor's parent or legal guardian if, in the professional judgment  of the health care professional, notification would be in the best interest of the child and the health care professional has first sought unsuccessfully to persuade the minor to notify the parent or legal guardian or a reasonable time after the minor has agreed to notify the parent or legal guardian, the health care professional has reason to believe that the minor has not made the notification.  This subsection shall not create a duty or obligation under which a health care professional must notify the minor's parent or legal guardian of the test results, nor shall a duty or obligation be implied.  No civil liability or criminal sanction under this Act shall be imposed for any notification or non-notification of a minor's test result by a health care professional acting in good faith under this subsection.  For the purpose of any proceeding, civil or criminal, the good faith of any health care professional acting under this subsection shall be presumed.(2) All information and records held by a State agency, local health authority, or health oversight agency pertaining to HIV-related information shall be strictly confidential and exempt from copying and inspection under the Freedom of Information Act. The information and records shall not be released or made public by the State agency, local health authority, or health oversight agency, shall not be admissible as evidence nor discoverable in any action of any kind in any court or before any tribunal, board, agency, or person, and shall be treated in the same manner as the information and those records subject to the provisions of Part 21 of Article VIII of the Code of Civil Procedure, except under the following circumstances:(A) when made with the written consent of all persons     to whom the information pertains; or(B) when authorized by Section 5-4-3 of the Unified     Code of Corrections.Disclosure shall be limited to those who have a need to know the information, and no additional disclosures may be made. (Source: P.A. 102-168, eff. 7-27-21.) (410 ILCS 305/9.1)Sec. 9.1. Uses and disclosures for treatment, payment, and health care operations.  Notwithstanding Sections 9 and 10 of this Act, a covered entity may, without a patient's consent:(1) use or disclose HIV-related information for its     own treatment, payment, or health care operations;(2) disclose HIV-related information for treatment     activities of a health care provider or health care professional;(3) disclose HIV-related information to another     covered entity or health care provider or health care professional for the payment activities of the entity that receives the information;(4) disclose HIV-related information to another     covered entity for health care operations activities of the entity that receives the information, if each entity has or had a relationship with the individual who is the subject of the HIV-related information being requested, the HIV-related information pertains to such relationship, and the disclosure is for the purpose of (A) conducting quality assessment and improvement activities, including outcomes evaluation and development of clinical guidelines, provided that the obtaining of generalizable knowledge is not the primary purpose of any studies resulting from such activities; patient safety activities; population-based activities relating to improving health or reducing health care costs, protocol development, case management, and care coordination, contacting of health care providers and patients with information about treatment alternatives; and related functions that do not include treatment; (B) reviewing the competence or qualifications of health care professionals or health care providers, evaluating practitioner and provider performance, health plan performance, conducting training programs in which students, trainees, or practitioners in areas of health care learn under supervision to practice or improve their skills as health care providers, training of non-health care professionals, accreditation, certification, licensing, or credentialing activities; or (C) health care fraud and abuse detection or compliance; and(5) disclose HIV-related information to other     participants in an organized health care arrangement in which the covered entity is also a participant for any health care operations activities of the organized health care arrangement. (Source: P.A. 98-1046, eff. 1-1-15.) (410 ILCS 305/9.2)Sec. 9.2. Uses and disclosures for health oversight activities.(a) Notwithstanding Sections 9 and 10 of this Act, a covered entity may disclose HIV-related information, without a patient's consent, to a health oversight agency for health oversight activities authorized by law, including audits, civil, administrative, or criminal investigations; inspections; licensure or disciplinary actions; civil administrative or criminal proceedings or actions; or other activities necessary for appropriate oversight of (i) the health care system; (ii) government benefit programs for which health information is relevant to beneficiary eligibility; (iii) entities subject to government regulatory programs for which health information is necessary for determining compliance with program standards; or (iv) entities subject to civil rights laws for which health information is necessary for determining compliance.(b) For purposes of the disclosures permitted by this Section, a health oversight activity does not include an investigation or other activity in which the individual is the subject of the investigation or activity and such investigation or other activity does not arise out of and is not directly related to (i) the receipt of health care; (ii) a claim for public benefits related to health; or (iii) qualification for, or receipt of, public benefits or services when a patient's health is integral to the claim for public benefits or services, except that, if a health oversight activity or investigation is conducted in conjunction with an oversight activity or investigation relating to a claim for public benefits not related to health, the joint activity or investigation is considered a health oversight activity for purposes of this Section.(c) If a covered entity is also a health oversight agency, the covered entity may use HIV-related information for health oversight activities permitted by this Section. 
(Source: P.A. 98-1046, eff. 1-1-15.) (410 ILCS 305/9.3)Sec. 9.3. Business associates.(a)  Notwithstanding Sections 9 and 10 of this Act, a covered entity may, without a patient's consent, disclose a patient's HIV-related information to a business associate and may allow a business associate to create, receive, maintain, or transmit protected health information on its behalf, if the covered entity obtains, through a written contract or other written agreement or arrangement that meets the applicable requirements of 45 CFR 164.504(e), satisfactory assurance that the business associate will appropriately safeguard the information.  A covered entity is not required to obtain such satisfactory assurances from a business associate that is a subcontractor.(b) A business associate may disclose protected health information to a business associate that is a subcontractor and may allow the subcontractor to create, receive, maintain, or transmit protected health information on its behalf, if the business associate obtains satisfactory assurances, in accordance with 45 CFR 164.504(e)(1)(i), that the subcontractor will appropriately safeguard the information. 
(Source: P.A. 98-1046, eff. 1-1-15.) (410 ILCS 305/9.4)Sec. 9.4. Use and disclosure of information to an HIE. Notwithstanding the provisions of Sections 9 and 10 of this Act, a covered entity may, without a patient's consent, disclose the identity of any patient upon whom a test is performed and such patient's HIV-related information from a patient's record to an HIE if the disclosure is a required or permitted disclosure to a business associate or is a disclosure otherwise required or permitted under this Act.  An HIE may, without a patient's consent, use or disclose such information to the extent it is allowed to use or disclose such information as a business associate in compliance with 45 CFR 164.502(e) or for such other purposes as are specifically allowed under this Act.
(Source: P.A. 98-1046, eff. 1-1-15.) (410 ILCS 305/9.4a)Sec. 9.4a. Other disclosures. Nothing in this Act shall be construed (1) to limit the use of an HIE to facilitate disclosures permitted by this Act or (2)  to allow for the disclosure of information from a patient's record to law enforcement or for law enforcement purposes.
(Source: P.A. 98-1046, eff. 1-1-15.) (410 ILCS 305/9.5)Sec. 9.5. Delivery of test results.(a) The Department shall develop rules regarding the delivery of HIV test results to patients.(b) The subject of the test or the subject's legally authorized representative shall be notified by personal contact whenever possible of the confirmed positive result of an HIV test.  When the subject or the subject's legally authorized representative is notified of a confirmed positive test result, the health care provider or professional shall provide the subject or the subject's legally authorized representative with a referral to counseling in connection with the confirmed positive test result and a referral to an appropriate medical facility for the treatment and management of HIV.(c) A health care provider shall not be in violation of this Section when an attempt to contact the test subject or the subject's legally authorized representative at the address or telephone number provided by the test subject or the test subject's legally authorized representative does not result in contact and notification or where an attempt to deliver results by personal contact has not been successful.
		(Source: P.A. 95-7, eff. 6-1-08.) (410 ILCS 305/9.6)Sec. 9.6. HIE opt out.  Section 9.6 of the Mental Health and Developmental Disabilities Confidentiality Act is incorporated herein by reference.  In addition to the requirements set out in Section 9.6 of the Mental Health and Developmental Disabilities Confidentiality Act, at the time of a patient's first encounter for HIV-related care with a health care provider, health care professional, or health facility that participates in an HIE, or, in the event of a medical emergency that makes it impossible, as soon thereafter as is practicable, the patient shall receive meaningful disclosure regarding the HIE in which the health care provider, health care professional, or health facility participates and shall be afforded an opportunity to opt out of disclosure of the patient's health information through the HIE.
(Source: P.A. 98-1046, eff. 1-1-15.) (410 ILCS 305/9.7)Sec. 9.7. Record locator service to support HIE. Section 9.9 of the Mental Health and Developmental Disabilities Confidentiality Act is herein incorporated by reference.
(Source: P.A. 98-1046, eff. 1-1-15; 99-78, eff. 7-20-15.) (410 ILCS 305/9.8)Sec. 9.8. Disclosure of limited data sets and de-identified information. Notwithstanding the provisions of Sections 9 and 10 of this Act:(1) a covered entity may, without a patient's      consent, create, use, and disclose a limited data set using HIV-related information from a patient's record or disclose HIV-related information from a patient's record to a business associate for the purpose of establishing a limited data set; the creation, use, and disclosure of such a limited data set must comply with the requirements set forth under HIPAA;(2) a covered entity may, without a patient's     consent, create, use, and disclose de-identified information using information from a patient's record that is subject to this Act or disclose HIV-related information from a patient's record to a business associate for the purpose of de-identifying the information; the creation, use, and disclosure of such de-identified data must comply with the requirements set forth under HIPAA. A covered entity or a business associate may disclose information that is de-identified; and(3) the recipient of de-identified information shall     not re-identify de-identified information using any public or private data source. (Source: P.A. 98-1046, eff. 1-1-15.) (410 ILCS 305/9.9)Sec. 9.9. Research.  HIV-related information may be disclosed for research in accordance with the requirements set forth under HIPAA.
(Source: P.A. 98-1046, eff. 1-1-15.) (410 ILCS 305/9.10)Sec. 9.10. Minimum necessary.  When using and disclosing HIV-related information under this Act, a covered entity shall do so in accordance with the minimum necessary standard under HIPAA.
(Source: P.A. 98-1046, eff. 1-1-15.) (410 ILCS 305/10) (from Ch. 111 1/2, par. 7310)Sec. 10. 
No person to whom the results of a test have been disclosed
may disclose the test results to another person except as authorized under this Act.
(Source: P.A. 98-1046, eff. 1-1-15.) (410 ILCS 305/11) (from Ch. 111 1/2, par. 7311)Sec. 11. Notwithstanding the provisions of Section 4 of this Act,
 informed consent is not required for the performance of an HIV test
upon a person who is specifically required by law to be so tested.
		(Source: P.A. 95-7, eff. 6-1-08.) (410 ILCS 305/12) (from Ch. 111 1/2, par. 7312)Sec. 12. 
		
		Intentional or reckless violation of this Act or any
regulation issued hereunder shall constitute a Class A misdemeanor.
		(Source: P.A. 87-763.) (410 ILCS 305/13) (from Ch. 111 1/2, par. 7313)Sec. 13. Any person aggrieved by a violation of this Act or of a
regulation promulgated hereunder shall have a right of action in the
circuit court and may recover for each violation:(1) Against any person who negligently violates a provision of this Act
or the regulations promulgated hereunder, liquidated damages of $2,000 or
actual damages, whichever is greater.(2) Against any person who intentionally or recklessly violates a
provision of this Act or the regulations promulgated hereunder, liquidated
damages of $10,000 or actual damages, whichever is greater.(3) Reasonable attorney fees.(4) Such other relief, including an injunction, as the court may deem appropriate.
		(Source: P.A. 95-7, eff. 6-1-08.) (410 ILCS 305/14) (from Ch. 111 1/2, par. 7314)Sec. 14. 
		
		Nothing in this Act limits the right of the subject of a
test to recover damages or other relief under
any other applicable law.
		(Source: P.A. 85-677; 85-679.) (410 ILCS 305/15) (from Ch. 111 1/2, par. 7315)Sec. 15. Nothing in this Act shall be construed to impose civil
liability or criminal sanction for disclosure of a test
result in accordance with any reporting requirement of the Department for a
diagnosed case of HIV infection, AIDS or a related condition.Nothing in this Act shall be construed to impose civil liability or
criminal sanction for performing a test without informed consent
pursuant to the provisions of subsection (b) or (c) of Section 7 of this Act.
		(Source: P.A. 95-7, eff. 6-1-08.) (410 ILCS 305/15.1) (from Ch. 111 1/2, par. 7315.1)Sec. 15.1. 
		
		Sections 1 through 15 of this Act shall not apply to
a health maintenance organization nor to any insurance company, fraternal
benefit society, or other insurer regulated under the "Illinois Insurance
Code", approved June 29,
1937, as amended.
		(Source: P.A. 85-677; 85-679.) (410 ILCS 305/16) (from Ch. 111 1/2, par. 7316)Sec. 16. The Department shall promulgate rules and regulations
concerning implementation and enforcement of this Act, except to the extent that this Act delegates to the Authority the promulgation or adoption of any rules, regulations, standards, or contractual obligations.  The rules and
regulations promulgated by the Department pursuant to this Act may include
procedures for taking appropriate action with regard to health care
facilities or health care providers which violate this Act or the
regulations promulgated hereunder.  The provisions of The Illinois
Administrative Procedure Act shall apply to all administrative rules and
procedures of the Department pursuant to this Act, except that in case of
conflict between The Illinois Administrative Procedure Act and this Act,
the provisions of this Act shall control. The Department shall conduct training, technical assistance, and outreach activities, as needed, to implement routine HIV testing in healthcare medical settings.

(Source: P.A. 98-1046, eff. 1-1-15.)
(410 ILCS 310/1) (from Ch. 111 1/2, par. 7351)Sec. 1. This Act shall be known and may be cited as the "HIV/AIDS
Registry Act".
					(Source: P.A. 94-102, eff. 1-1-06.) (410 ILCS 310/2) (from Ch. 111 1/2, par. 7352)Sec. 2. The General Assembly finds that:(1) More complete and precise statistical data than are presently
available are necessary to evaluate HIV and
AIDS treatment and prevention measures that are currently available; and(2) The creation of an HIV/AIDS registry will provide a vital foundation
for a concerted State effort to reduce the incidence of HIV and AIDS in
this State.
					(Source: P.A. 94-102, eff. 1-1-06.) (410 ILCS 310/3) (from Ch. 111 1/2, par. 7353)Sec. 3. For the purposes of this Act, unless the context requires otherwise:(a) "AIDS" means acquired immunodeficiency syndrome, as defined by the
Centers for Disease Control or the National Institutes of Health.(b) (Blank).(c) "Department" means the Illinois Department of Public Health.(d) "Director" means the Director of Public Health.(e) "HIV" means human immunodeficiency virus, as defined by the Centers for Disease Control and Prevention or the National Institutes of Health.(f) "Registry" means an official record of reported HIV and AIDS cases.
					(Source: P.A. 94-102, eff. 1-1-06.) (410 ILCS 310/4) (from Ch. 111 1/2, par. 7354)Sec. 4. (a) The Department shall establish and maintain an HIV/AIDS
Registry consisting of a record of all cases of HIV and
AIDS which
occur in Illinois, and such information concerning those cases as it deems
necessary or appropriate in order to conduct thorough and complete
epidemiological surveys of HIV and AIDS in
Illinois, and to evaluate existing control and prevention measures.  Notwithstanding any other provision of this subsection (a), the information concerning those cases included in the Registry shall include all CD4 test results, including counts and percentages of any value, and HIV viral load test results, both detectable and undetectable; provided, however, that hospitals and laboratories may only be required to report such test results for tests performed on or after 90 days after the date that the Department furnishes an electronic method for the reporting of such results to the Department and only if a hospital or laboratory has an electronic health record that enables the hospital or laboratory to identify HIV patients. Until electronic laboratory reporting is established, hospitals and laboratories shall continue to report cases of HIV and AIDS in Illinois in accordance with the administrative rules adopted by the Department that are in effect on May 1, 2011. 
To the extent feasible, the Registry shall be compatible with other
national models so as to facilitate the coordination of information with other
data bases.(b) To facilitate the collection of information relating to cases of HIV and
AIDS, the Department shall have the authority to
require hospitals, laboratories and other facilities which diagnose
such conditions to report cases of HIV and AIDS to the Department or a local health authority if the local health authority serves a population of over 1,000,000 citizens or if the local health authority has been designated by the Department to collect such information,
and to require the submission of such other information pertaining to or in
connection with such reported cases as the Department deems necessary or
appropriate for the purposes of this Act, including all CD4 and HIV viral load test results for those cases included in the Registry.  The Department may promulgate
rules or regulations specifying the types of information required,
requirements for follow up of patients, frequency of reporting, methods of
submitting such information and any other details deemed by the Department
to be necessary or appropriate for the administration of this Act.  Nothing
in this Act shall be construed to compel any individual to submit to a
medical examination or supervision.(c) The Director shall by rule establish standards for ensuring the
protection of information made confidential or privileged under law.
(Source: P.A. 97-550, eff. 1-1-12.) (410 ILCS 310/5) (from Ch. 111 1/2, par. 7355)Sec. 5. 
		
		The Department shall have the authority to accept, receive
and administer on behalf of the Registry grants, gifts, loans or other
funds made available to the Registry from any source for the purposes
of this Act.
		(Source: P.A. 85-929.) (410 ILCS 310/6) (from Ch. 111 1/2, par. 7356)Sec. 6. 
		
		The Department shall file an annual report to the General
Assembly beginning August 31, 1989.  The report
shall include information on the progress of the Registry, as well as
descriptions of any related studies which are underway or have been completed.
		(Source: P.A. 85-929.) (410 ILCS 310/7) (from Ch. 111 1/2, par. 7357)Sec. 7. 
		
		(a) The Department may not release information gathered pursuant
to this Act unless (1) it is in a statistical form that
does not identify the reporting entity, physician, and patient in any way,
including by address; or (2)
the release or transfer is to an Illinois local public health department or
to a registry or health department of another state, and is of information
concerning a person who is residing in that jurisdiction.(b) All data obtained directly from medical records of individual
patients shall be for the confidential use of the Department and those
entities authorized by the Department to view such
records in order to carry out the purposes of this Act.(c) The identity of any person whose condition or treatment has
been studied, or any facts which are likely to reveal the identity of such
person, shall be confidential and shall not be revealed in any report or
any other matter prepared, released or published.  Researchers may,
however, use the names of persons when requesting additional information for
research studies approved by the Department; provided, however, that when a
request for additional information is to be made, the Department
shall first obtain authorization from the patient
or the patient's legally authorized representative.(d) No liability shall attach to any hospital, physician or
other facility submitting information pursuant to this Act based upon a
claim that such hospital, physician or facility reported information which
may be confidential.
		(Source: P.A. 89-381, eff. 8-18-95.) (410 ILCS 310/8) (from Ch. 111 1/2, par. 7358)Sec. 8. 
		
		The Department may promulgate rules and regulations for the
implementation of this Act.
		(Source: P.A. 85-929.)
(410 ILCS 312/1)Sec. 1. Short title. This Act may be cited as the Infectious Disease Testing Act.
(Source: P.A. 100-270, eff. 8-22-17.) (410 ILCS 312/5)Sec. 5. Definitions. As used in this Act:"Health care provider" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103."Health facility" means a hospital, nursing home, blood bank, blood center, sperm bank, or other health care institution, including any "health facility" as that term is defined in the Illinois Finance Authority Act."HIPAA" means the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended by the Health Information Technology for Economic and Clinical Health Act of 2009, Public Law 111-05, and any subsequent amendments thereto and any regulations promulgated thereunder."Law enforcement officer" means any person employed by the State, a county, or a municipality as a policeman, peace officer, auxiliary policeman, or correctional officer or in some like position involving the enforcement of the law and protection of the public interest at the risk of that person's life.
(Source: P.A. 102-558, eff. 8-20-21.) (410 ILCS 312/10)Sec. 10. Infectious disease testing.  An individual shall be required to submit to a test to detect an infectious disease upon the request of a health care provider, employee of a health facility, PHRN, EMR, EMT, EMT-I, A-EMT, paramedic, firefighter, or law enforcement officer who, accidentally or in the line of duty, comes into direct skin or mucous membrane contact with the blood or bodily fluids of the individual that is of a nature that may transmit an infectious disease, as determined by a physician in his or her medical judgment.Informed consent is not required for a health care provider or health facility to perform a test on an individual to detect an infectious disease when a health care provider, employee of a health facility, PHRN, EMR, EMT, EMT-I, A-EMT, paramedic, firefighter, or law enforcement officer who, accidentally or in the line of duty, comes into direct skin or mucous membrane contact with the blood or bodily fluids of the individual that is of a nature that may transmit an infectious disease, as determined by a physician in his or her medical judgment.
(Source: P.A. 100-270, eff. 8-22-17.) (410 ILCS 312/99)Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 100-270, eff. 8-22-17.)
(410 ILCS 315/0.01) (from Ch. 111 1/2, par. 22.10)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Communicable Disease Prevention Act.
		(Source: P.A. 86-1324.) (410 ILCS 315/1) (from Ch. 111 1/2, par. 22.11)Sec. 1. Certain communicable diseases such as measles, poliomyelitis, invasive pneumococcal disease, and
tetanus, may and do result in serious physical and mental disability
including an intellectual disability, permanent paralysis, encephalitis,
convulsions, pneumonia, and not infrequently, death.Most of these diseases attack young children, and if they have not been
immunized, may spread to other susceptible children and possibly, adults,
thus, posing serious threats to the health of the community. Effective,
safe and widely used vaccines and immunization procedures have been
developed and are available to prevent these diseases and to limit their
spread. Even though such immunization procedures are available, many
children fail to receive this protection either through parental oversight,
lack of concern, knowledge or interest, or lack of available facilities or
funds. The existence of susceptible children in the community constitutes a
health hazard to the individual and to the public at large by serving as a
focus for the spread of these communicable diseases.It is declared to be the public policy of this State that all children
shall be protected, as soon after birth as medically indicated, by the
appropriate vaccines and immunizing procedures to prevent communicable
diseases which are or which may in the future become preventable by
immunization.
(Source: P.A. 97-227, eff. 1-1-12.) (410 ILCS 315/1.5)Sec. 1.5. Pneumococcal conjugate vaccine. Notwithstanding Section 2 of this Act, within 30 days of the effective date of this  amendatory Act of the 95th General Assembly, the Department shall promulgate rules and regulations, and shall submit those rules and regulations in accordance with the rulemaking first notice requirements under Section 5-40 of the Illinois Administrative Procedure Act, requiring the age-appropriate series of pneumococcal conjugate vaccine, as recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, to a child younger than 2 years of age who is enrolled or enrolling in a licensed child care facility, as that term is defined in the Child Care Act of 1969. The Department shall also establish protocols for children younger
than 2 years of age to catch up on missed doses. A child care
facility must be able to furnish proof of compliance with this Section for all children at the facility, beginning January 1, 2008.The provisions of this Section shall not apply if:(1) the parent or guardian of the child objects     thereto on the grounds that the administration of immunizing agents conflicts with his or her religious tenets or practices; or(2) a physician employed by the parent or guardian to     provide care and treatment to the child states that the physical condition of the child is such that the administration of the required immunizing agent would be detrimental to the health of the child.(Source: P.A. 95-159, eff. 8-14-07.) (410 ILCS 315/1.10)Sec. 1.10. Meningococcal conjugate vaccine. The Department of Public Health shall adopt a rule requiring students, upon entering the 6th and 12th grade of any public, private, or parochial school, to receive an immunization containing meningococcal conjugate vaccine that meets the standards approved by the U.S. Public Health Service for such biological products and is in accordance with the recommendations of the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices.  The immunization shall consist of one dose of the MCV4 vaccine for 6th grade entrance and 2 doses for 12th grade entrance, unless the first dose was administered to a child who was 16 years of age or older, in which case only one dose is required at 12th grade entrance. However, if the Centers for Disease Control and Prevention Advisory Committee on Immunization Practices' recommendations for adolescents are updated, then the requirement under this Section should reflect those changes to be current. The immunization requirement shall not apply before 6 months after final rules are approved. Existing Illinois standards for parental or legal guardian objections or medical objections shall be applicable.
(Source: P.A. 98-480, eff. 1-1-14.) (410 ILCS 315/1.11)Sec. 1.11. Meningococcal disease brochure. The Department of Public Health shall develop an informational brochure relating to meningococcal disease that states that immunizations against meningococcal disease are available. The Department of Public Health shall make the brochure available on its website and shall notify every public institution of higher education in the State of the availability of the brochure. Each public institution of higher education shall provide a copy of the brochure to all students and if the student is under 18 years of age, to the student's parent or guardian. Such information in the brochure shall include:(1) the risk factors for and symptoms of     meningococcal disease, how it may be diagnosed, and its possible consequences if untreated;(2) how meningococcal disease is transmitted;(3) the latest scientific information on     meningococcal disease immunization and its effectiveness, including information on all meningococcal vaccines receiving a Category A or B recommendation from the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices;(4) a statement that any questions or concerns     regarding immunization against meningococcal disease may be answered by contacting the individual's health care provider; and(5) a recommendation that the current student or     entering student receive meningococcal vaccines in accordance with current guideline from the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices. (Source: P.A. 100-342, eff. 1-1-18.) (410 ILCS 315/2) (from Ch. 111 1/2, par. 22.12)Sec. 2. 
		
		The Department of Public Health shall promulgate rules and
regulations requiring immunization of children against preventable communicable
diseases designated by the Director. Before any regulation or amendment
thereto is prescribed, the Department shall conduct a public hearing
regarding such regulation.
In addition, before any regulation or any amendment to a regulation is
adopted,
and after the Immunization Advisory Committee has made its recommendations,
the State Board of Health shall conduct 3 public hearings,
geographically
distributed throughout the State, regarding the regulation or amendment to the
regulation.  At the conclusion of the hearings, the State Board of Health shall
issue a report, including its recommendations, to the Director.  The Director
shall take into consideration any comments or recommendations made by the Board
based on these hearings.
The Department may prescribe additional rules
and regulations for immunization of other diseases as vaccines are
developed.The provisions of this Act shall not apply if:1. The parent or guardian of the child objects thereto on the grounds
that the administration of immunizing agents conflicts with his religious
tenets or practices or,2. A physician employed by the parent or guardian to provide care and
treatment to the child states that the physical condition of the child is
such that the administration of one or more of the required immunizing
agents would be detrimental to the health of the child.
		(Source: P.A. 90-607, eff. 6-30-98.) (410 ILCS 315/2a)Sec. 2a. (Repealed).
	 
	 (Source: P.A. 97-244, eff. 8-4-11. Repealed by P.A. 98-353, eff. 1-1-14.) (410 ILCS 315/2b) (from Ch. 111 1/2, par. 22.12b)Sec. 2b. 
		
		From funds appropriated from the Ryan White AIDS Victims
Assistance Fund, a special fund in the State treasury which is hereby
created, the Illinois Department of Public Health shall make grants to
public and private agencies for direct patient care, counselling or
assistance for persons who are victims of acquired immunodeficiency
syndrome (AIDS) or acquired immunodeficiency syndrome related complex (ARC).
		(Source: P.A. 87-342.) (410 ILCS 315/2c)Sec. 2c. 
		(Repealed). 
		(Source: P.A. 88-669, eff. 11-29-94. Repealed by P.A. 92-790, eff. 8-6-02.) (410 ILCS 315/2d)Sec. 2d. 
		
		The Illinois Department
of Public Health
may pay for health
insurance coverage with funds appropriated for this purpose on behalf of
persons who are infected with the human immunodeficiency virus (HIV) and
are eligible for "continuation coverage" as provided by the federal
Consolidated Omnibus Budget Reconciliation Act of 1985 or group health
insurance policies. The Illinois Department
of Public Health
shall adopt rules to establish
income eligibility requirements for participation in this health insurance
coverage program. The Illinois Department
of Public Health
shall also adopt rules and
regulations to administer this program that are in compliance with the
requirements of the federal Ryan White Comprehensive AIDS Resources
Emergency Act of 1990.
		(Source: P.A. 92-275, eff. 8-7-01.) (410 ILCS 315/2e)Sec. 2e. HPV-related prevention.(a) Notwithstanding the provisions of Section 2 of this Act, the Department of Public Health must provide all students who are entering sixth grade  and their parents or legal guardians written information about the link between human papillomavirus (HPV) and cervical, vulvar, vaginal, penile, anal, and oropharyngeal cancers in males and females, as applicable, and the availability of a HPV vaccine so that they may be protected before ever being exposed to the virus.(b) The Director of  Public Health shall prescribe the content of the information required in subsection (a) of this Section.(c) In order to provide for the expeditious and timely implementation of the provisions of this amendatory Act of the 95th General Assembly, the Department of Public Health shall adopt emergency rules in accordance with Section 5-45 of the Illinois Administrative Procedure Act to the extent necessary to administer the Department's responsibilities under this amendatory Act of the 95th General Assembly. The adoption of emergency rules authorized by this subsection (c) is deemed to be necessary for the public interest, safety, and welfare.(d) In order to provide for the expeditious and timely implementation of the provisions of this amendatory Act of the 100th General Assembly, the Department of Public Health shall adopt emergency rules in accordance with Section 5-45 of the Illinois Administrative Procedure Act to the extent necessary to administer the Department's responsibilities under this amendatory Act of the 100th General Assembly no later than July 1, 2019. The adoption of emergency rules authorized by this subsection (d) is deemed to be necessary for the public interest, safety, and welfare. (Source: P.A. 100-741, eff. 1-1-19.) (410 ILCS 315/3) (from Ch. 111 1/2, par. 22.13)Sec. 3. 
		
		The provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative rules and
procedures of the Department of Public Health under this Act, except that
Section 5-35 of the Illinois Administrative Procedure Act relating to
procedures for rule-making does not apply to the adoption of any rule required
by federal law in connection with which the Department is precluded by law from
exercising any discretion.
		(Source: P.A. 88-45.)
(410 ILCS 316/1)Sec. 1. Short title.  This Act may be cited as the Ryan White Fund Validation Act.
(Source: P.A. 94-959, eff. 6-27-06.) (410 ILCS 316/5)Sec. 5. Findings; purpose; validation.(a) The General Assembly finds and declares that:(1) Public Act 88-669 amended Section 2c of the      Communicable Disease Prevention Act, relating to the Ryan White Pediatric and Adult AIDS Fund.  The amendment affected the allocation of moneys in the Fund and required grants from the Fund to be made by a competitive selection process. Public Act 88-669 also contained many other provisions.(2) Section 2c of the  Communicable Disease     Prevention Act was repealed by Public Act 92-790, effective August 6, 2002.(3) The Illinois Supreme Court declared Public Act     88-669 to be unconstitutional as a violation of the single subject clause of the Illinois Constitution in People v. Olender, Docket No. 98932, opinion filed December 15, 2005.(b) The purpose of this Act is to validate actions taken under Section 2c of the  Communicable Disease Prevention Act and to minimize or prevent any problems concerning those actions that may arise from the unconstitutionality of Public Act 88-669.(c) All otherwise lawful actions taken before the effective date of this  Act in reliance on or pursuant to the provisions of Section 2c of the  Communicable Disease Prevention Act, as those provisions were set forth in Public Act 88-669 or as subsequently amended, by any officer, employee, or agency of State government or by any other person or entity, and all otherwise lawful grants made under that Section, are hereby validated, except to the extent prohibited under the Illinois or United States Constitution.(d) This Act applies, without limitation, to actions pending on or after the effective date of this Act, except to the extent prohibited under the Illinois or United States Constitution.
(Source: P.A. 94-959, eff. 6-27-06.) (410 ILCS 316/99)Sec. 99. Effective date. This Act takes effect upon becoming law.
		
(Source: P.A. 94-959, eff. 6-27-06.)
(410 ILCS 320/0.01) (from Ch. 111 1/2, par. 4800)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Prenatal Syphilis Act.
		(Source: P.A. 86-1324.) (410 ILCS 320/1) (from Ch. 111 1/2, par. 4801)Sec. 1. 
		
		Every physician, or other person, attending in a professional
capacity a pregnant woman in Illinois, shall take or cause to be taken a
sample of blood of such woman at the time of the first examination, and
a second sample of blood shall be taken or caused to be taken during the
third trimester of pregnancy.  These
blood specimens shall be submitted to a laboratory approved by the
Department of Public Health for a serological test for syphilis approved
by the State Department of Public Health.  In the event that any such
blood test shall show a positive or doubtful result an additional test or tests
shall
be made. Such serological test or tests shall, upon request of any
physician, be made free of charge by the State Department
of Public Health or the Health Departments of cities, villages and
incorporated towns maintaining laboratories for the testing of blood specimens
of any woman who resides in that city, village or incorporated
town.The provisions of this Section shall not apply to any woman who objects
to such serological tests on the grounds that such tests are contrary to
her religious beliefs and practices.
		(Source: P.A. 91-357, eff. 7-29-99.) (410 ILCS 320/2) (from Ch. 111 1/2, par. 4802)Sec. 2. 
		
		In reporting every birth or still birth, physicians and
others required to make such reports shall state on the birth
certificate or still birth certificate, as the case may be, whether a
blood test for syphilis has been made upon a specimen of blood taken
from the woman who bore the child for which a birth or still birth
certificate is filed, together with the date when the blood specimen was
taken and the name of the laboratory making the test. In no event shall
the birth or still birth certificate state the result of the test.
		(Source: Laws 1939, p. 708.) (410 ILCS 320/3) (from Ch. 111 1/2, par. 4803)Sec. 3. 
		
		This act shall be administered by the State Department of
Public Health.
		(Source: Laws 1939, p. 708.)
(410 ILCS 325/1) (from Ch. 111 1/2, par. 7401)Sec. 1. 
		Short title. 
		This Act shall be known and may be cited as the
Illinois Sexually Transmissible Disease Control Act.
		(Source: P.A. 85-681.) (410 ILCS 325/2) (from Ch. 111 1/2, par. 7402)Sec. 2. 
		Findings; intent. 
		The General Assembly finds and declares that
sexually transmissible diseases constitute a serious and sometimes fatal
threat to the public and individual health and welfare of the people of the
State and visitors to the State.  The General Assembly finds that the
incidence of sexually transmissible diseases is rising at an alarming rate
and that these diseases result in significant social, health and economic
costs, including infant and maternal mortality, temporary and lifelong
disability and premature death.  The General Assembly finds that sexually
transmissible diseases, by their nature, involve sensitive issues of
privacy, and it is the intent of the General Assembly that all programs
designed to deal with these diseases afford patients privacy,
confidentiality and dignity.  The General Assembly finds that medical
knowledge and information about sexually transmissible diseases are rapidly
changing.  The General Assembly intends to provide a program that is
sufficiently flexible to meet emerging needs, deals efficiently and
effectively with reducing the incidence of sexually transmissible diseases,
and provides patients with a secure knowledge that information they provide
will remain private and confidential.
		(Source: P.A. 85-681.) (410 ILCS 325/3) (from Ch. 111 1/2, par. 7403)Sec. 3. Definitions. As used in this Act, unless the context clearly
requires otherwise:(1) "Department" means the Department of Public Health.(2) "Local health authority" means the full-time official health
department of board of health, as recognized by the Department, having
jurisdiction over a particular area.(3) "Sexually transmissible disease" means a bacterial, viral, fungal or
parasitic disease, determined by rule of the Department to be sexually
transmissible, to be a threat to the public health and welfare, and to be a
disease for which a legitimate public interest will be served by providing
for regulation and treatment.  In considering which diseases are to be
designated sexually transmissible diseases, the Department shall consider
such diseases as chancroid, gonorrhea, granuloma inguinale, lymphogranuloma
venereum, genital herpes simplex, chlamydia, nongonococcal urethritis
(NGU), pelvic inflammatory disease (PID)/Acute
Salpingitis, syphilis, Acquired Immunodeficiency Syndrome (AIDS), and Human
Immunodeficiency Virus (HIV) for designation, and shall consider the
recommendations and classifications of the Centers for Disease Control and
other nationally recognized medical authorities.  Not all diseases that are
sexually transmissible need be designated for purposes of this Act.(4) "Health care professional" means a physician licensed to practice medicine in all its branches, a licensed physician assistant, or a licensed advanced practice registered nurse.(5) "Expedited partner therapy" means to prescribe, dispense, furnish, or otherwise provide prescription antibiotic drugs to the partner or partners of persons clinically diagnosed as infected with a sexually transmissible disease, without physical examination of the partner or partners. (Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.) (410 ILCS 325/4) (from Ch. 111 1/2, par. 7404)Sec. 4. Reporting required.(a) A physician licensed under the provisions of the Medical Practice Act
of 1987, an advanced practice registered nurse licensed under the provisions of the Nurse Practice Act, or a physician assistant licensed under the provisions of the Physician Assistant Practice Act of 1987
who makes a diagnosis of or treats a person with a sexually
transmissible disease and each laboratory that performs a test for a sexually
transmissible disease which concludes with a positive result shall report such
facts as may be required by the Department by rule, within such time period as
the Department may require by rule, but in no case to exceed 2 weeks.(b) The Department shall adopt rules specifying the information
required in reporting a sexually transmissible disease, the method of
reporting and specifying a minimum time period for reporting.  In adopting
such rules, the Department shall consider the need for information,
protections for the privacy and confidentiality of the patient, and the
practical abilities of persons and laboratories to report in a reasonable
fashion.(c) Any person who knowingly or maliciously disseminates any false
information or report concerning the existence of any sexually
transmissible disease under this Section is guilty of a Class A misdemeanor.(d) Any person who violates the provisions of this Section or the rules
adopted hereunder may be fined by the Department up to $500 for each
violation.  The Department shall report each violation of this Section to
the regulatory agency responsible for licensing a health care professional
or a laboratory to which these provisions apply.
(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.) (410 ILCS 325/5) (from Ch. 111 1/2, par. 7405)Sec. 5. 
		Contact investigation. 
		(a) The Department shall adopt rules
authorizing interviews and its authorized representatives may interview, or
cause to be interviewed, all persons infected with a sexually transmissible
disease and all persons whom the Department reasonably believes may be
infected with such disease for the purpose of investigating the source and
spread of the disease and for the purpose of ordering a person to submit to
examination and treatment as necessary for the protection of the public health and safety.(b) All information gathered in the course of contact investigation
pursuant to this Section shall be considered confidential and subject to
the provisions of Section 8 of this Act.  Such information shall be exempt
from inspection and copying under The Freedom of Information Act, as amended.(c) No person contacted under this Section or reasonably believed to be
infected with a sexually transmissible disease who reveals the name or
names of sexual contacts during the course of an investigation shall be
held liable in a civil action for such revelation, unless the revelation is
made falsely or with reckless disregard for the truth.(d) Any person who knowingly or maliciously disseminates any false
information or report concerning the existence of any sexually
transmissible disease under this Section is guilty of a Class A
misdemeanor.
		(Source: P.A. 85-681.) (410 ILCS 325/5.5) (from Ch. 111 1/2, par. 7405.5)Sec. 5.5. Risk assessment.(a) Whenever the Department receives a report of HIV infection or AIDS
pursuant to this Act and the Department determines that the subject of the
report may present or may have presented a possible risk of HIV
transmission, the Department shall, when medically appropriate, investigate
the subject of the report and that person's contacts as defined in
subsection (c), to assess the potential risks of transmission.  Any
investigation and action shall be conducted in a timely fashion. All
contacts other than those defined in subsection (c) shall be investigated
in accordance with Section 5 of this Act.(b) If the Department determines that there is or may have been
potential risks of HIV transmission from the subject of the report to other
persons, the Department shall afford the subject the opportunity to submit
any information and comment on proposed actions the Department intends to
take with respect to the subject's contacts who are at potential risk of
transmission of HIV prior to notification of the subject's contacts.  The
Department shall also afford the subject of the report the opportunity to
notify the subject's contacts in a timely fashion who are at potential risk
of transmission of HIV prior to the Department taking any steps to notify
such contacts.  If the subject declines to notify such contacts or if the
Department determines the notices to be inadequate or incomplete, the
Department shall endeavor to notify such other persons of the potential
risk, and offer testing and counseling services to these individuals.  When
the contacts are notified, they shall be informed of the disclosure
provisions of the AIDS Confidentiality Act and the penalties therein and
this Section.(c) Contacts investigated under this Section shall in the case of HIV
infection include (i) individuals who have undergone invasive procedures
performed by an HIV infected health care provider and (ii)
health care providers who have performed invasive procedures for persons
infected with HIV, provided the Department has determined that there is or
may have been potential risk of HIV transmission from the health care
provider to those individuals or from infected persons to health care
providers.  The Department shall have access to the subject's records to
review for the identity of contacts.  The subject's records shall not be
copied or seized by the Department.For purposes of this subsection, the term "invasive procedures" means
those procedures termed invasive by the Centers for Disease Control in
current guidelines or recommendations for the prevention of HIV
transmission in health care settings, and the term "health care provider"
means any physician, dentist, podiatric physician, advanced practice registered nurse, physician assistant, nurse, or other person providing
health care services of any kind.(d) All information and records held by the Department and local health
authorities pertaining to activities conducted pursuant to this Section
shall be strictly confidential and exempt from copying and inspection under
the Freedom of Information Act.  Such information and records shall not be
released or made public by the Department or local health authorities, and
shall not be admissible as evidence, nor discoverable in any action of any
kind in any court or before any tribunal, board, agency or person and shall
be treated in the same manner as the information and those records subject
to the provisions of Part 21 of Article VIII of the Code of Civil Procedure except under
the following circumstances:(1) When made with the written consent of all persons     to whom this information pertains;(2) (Blank); or(3) When made by the Department for the purpose of     seeking a warrant authorized by Sections 6 and 7 of this Act.  Such disclosure shall conform to the requirements of subsection (a) of Section 8 of this Act.(e) Any person who knowingly or maliciously disseminates any
information or report concerning the existence of any disease under this
Section is guilty of a Class A misdemeanor.
(Source: P.A. 102-168, eff. 7-27-21.) (410 ILCS 325/6) (from Ch. 111 1/2, par. 7406)Sec. 6. Physical examination and treatment.(a) Subject to the provisions of subsection (c) of this Section, the
Department and its authorized representatives may examine or cause to be
examined persons reasonably believed to be infected with or to have been
exposed to a sexually transmissible disease.(b) Subject to the provisions of subsection (c) of this Section, persons
with a sexually transmissible disease shall report for complete treatment to a
physician licensed under the provisions of the Medical Practice Act of
1987, or shall submit to treatment at a facility provided by a local health
authority or other public facility, as the Department shall require by rule or
regulation until the disease is noncommunicable or the Department determines
that the person does not present a real and present danger to the public
health.  This subsection (b) shall not be construed to require the Department
or local health authorities to pay for or provide such treatment.(c) No person shall be apprehended, examined or treated for a sexually
transmissible disease against his will, under the provisions of this Act,
except upon the presentation of a warrant duly authorized by a court of
competent jurisdiction.  In requesting the issuance of such a warrant the
Department shall show by a preponderance of evidence that the person is
infectious and that a real and present danger to the public health and
welfare exists unless such warrant is issued and shall show that all other
reasonable means of obtaining compliance have been exhausted and that no
other less restrictive alternative is available.  The court shall require
any proceedings authorized by this subsection (c) to be conducted in
camera.  A record shall be made of such proceedings but shall be sealed,
impounded and preserved in the records of the court, to be made available
to the reviewing court in the event of an appeal.(d) Any person who knowingly or maliciously disseminates any false
information or report concerning the existence of any sexually
transmissible disease under this Section is guilty of a Class A misdemeanor.(e)  Taking into account the recommendations of the U.S. Centers for Disease Control and Prevention and other nationally recognized medical authorities, the Department shall provide information and technical assistance as appropriate to health care professionals who provide expedited partner therapy services for persons with sexually transmissible diseases.(1) Notwithstanding any other provision of law, a     health care professional who makes a clinical diagnosis of chlamydia, gonorrhea, or trichomoniasis may prescribe, dispense, furnish, or otherwise provide prescription antibiotic drugs to the infected person's sexual partner or partners for the treatment of the sexually transmissible disease without physical examination of the partner or partners, if in the judgment of the health care professional the partner is unlikely or unable to present for comprehensive healthcare, including evaluation, testing, and treatment for sexually transmissible diseases.  Expedited partner therapy shall be limited to partners who may have been exposed to a sexually transmissible disease within the previous 60 days, if the patient is able to contact the partner.(2) Health care professionals who provide expedited     partner therapy shall comply with Sections 4 and 5 of the Illinois Sexually Transmissible Disease Control Act.(3) Health care professionals who provide expedited     partner therapy shall provide counseling for the patient and written materials provided by the Department to be given by the patient to the partner or partners that include at a minimum the following:(A) a warning that a woman who is pregnant or         might be pregnant must not take certain antibiotics and must immediately contact a health care professional for an examination, and a recommendation for such an examination;(B) information about the antibiotic and dosage         provided or prescribed;  clear and explicit allergy and side effect warnings, including a warning that a partner who has a history of allergy to the antibiotic or the pharmaceutical class of antibiotic must not take the antibiotic and must be immediately examined by a health care professional, and a recommendation for such an examination;(C) information about the treatment and         prevention of sexually transmissible diseases;(D) the requirement of abstinence until a period         of time after treatment to prevent infecting others;(E) notification of the importance of the partner         or partners of the patient to receive  examination and testing for HIV and other sexually transmissible diseases, and available resources;(F) notification of the risk to self, others, and         the public health if the sexually transmissible disease is not completely and successfully treated;(G) the responsibility of the partner or partners         to inform his or her sex partner or partners of the risk of sexually transmissible disease and the importance of prompt examination and treatment; and(H) other information as deemed necessary by the         Department.(4) The Department shall develop and disseminate in     electronic and other formats the following written materials:(A) informational materials for partners, as         required in item (3) of this subsection (e);(B) informational materials for persons who are         repeatedly diagnosed with sexually transmissible diseases; and(C) guidance for health care professionals on the         safe and effective provision of expedited partner therapy.The Department may offer educational programs about     expedited partner therapy for health care professionals and pharmacists licensed under the Pharmacy Practice Act.(5) A health care professional prescribing,     dispensing, furnishing, or otherwise providing in good faith without fee or compensation prescription antibiotics to partners under this subsection (e) and providing counseling and written materials as required by item (3) of this subsection (e) shall not be subject to civil or professional liability, except for willful and wanton misconduct. A health care professional shall not be subject to civil or professional liability for choosing not to provide expedited partner therapy.(6) A pharmacist or pharmacy shall not be subject to     civil or professional liability for choosing not to fill a prescription that would cause the pharmacist or pharmacy to violate any provision of the Pharmacy Practice Act, including the definition of "prescription" set forth in subsection (e) of Section 3 of the Pharmacy Practice Act or the definition of "drug regimen review" set forth in subsection (y) of Section 3 of the Pharmacy Practice Act. (Source: P.A. 102-185, eff. 1-1-22.) (410 ILCS 325/7) (from Ch. 111 1/2, par. 7407)Sec. 7. 
		Quarantine and isolation. 
		(a) Subject to the provisions of
subsection (b) of this Section, the Department may order a person to be
isolated or a place to be quarantined and made off limits to the public to
prevent the probable spread of a sexually transmissible disease, until such
time as the condition can be corrected or the danger to the public health
eliminated or reduced in such a manner that no substantial danger to the
public's health any longer exists.(b) No person may be ordered to be isolated, and no place may be ordered
to be quarantined, except with the consent of such person or owner of such
place or upon the order of a court of competent jurisdiction and upon proof
by the Department, by clear and convincing evidence, that the public's
health and welfare are significantly endangered by a person with a sexually
transmissible disease or by a place where there is a significant amount of
sexual activity likely to spread a sexually transmissible disease, and upon
proof that all other reasonable means of correcting the problem have been
exhausted and no less restrictive alternative exists.(c) This Section shall be considered supplemental to the existing
authorities and powers of the Department, and shall not be construed to
restrain or restrict the Department in protecting the public health under
any other provisions of the law.(d) Any person who knowingly or maliciously disseminates any false
information or report concerning the existence of any sexually
transmissible disease in connection with the Department's power of
quarantine and isolation is guilty of a Class A misdemeanor.
		(Source: P.A. 85-681.) (410 ILCS 325/8) (from Ch. 111 1/2, par. 7408)Sec. 8. 
		Confidentiality.(a) All information and records held by the Department and its authorized
representatives relating to known or suspected cases of sexually
transmissible diseases shall be strictly confidential and exempt from
inspection and copying under The Freedom of Information Act, as amended.
The Department and its authorized representatives shall not disclose
information and records held by them relating to known or suspected cases of
sexually transmissible diseases publicly or in any action of any kind in any
court or before any tribunal, board, or agency, and
such information shall not be released or made public by a court conducting proceedings authorized by
subsection (c) of Section 6 of this Act, except that release of such
information may be made under the following circumstances:(1) When made with the consent of all persons to     which the information applies;(2) When made for statistical purposes and medical or     epidemiologic information is summarized so that no person can be identified and no names are revealed;(3) When made to medical personnel, appropriate State     agencies or courts of appropriate jurisdiction to enforce the provisions of this Act and related rules; or(4) When made to persons determined by the Department     to be or have been at potential risk of HIV transmission pursuant to Section 5.5 of this Act.(b) (Blank).(c) A court hearing a request for the issuance of a warrant as
authorized in subsection (c) of Section 6 of this Act shall conduct such
proceedings in camera.  A record shall be made of authorized proceedings
but shall be sealed, impounded and preserved in the records of the court,
to be made available to the reviewing court in the event of an appeal.(d) No employee of the Department or its authorized representatives
shall be examined in a civil, criminal, special or other proceeding
concerning the existence or contents of pertinent records of a person
examined or treated for a sexually transmissible disease by the Department
or its authorized representatives pursuant to the provisions of this Act,
or concerning the existence or contents of such reports received from a
private physician or private health facility, pursuant to the provisions of
this Act, without the consent of the person examined and treated for such
diseases, except in proceedings under Sections 6 and 7 of this Act.(e) Any person who knowingly violates the confidentiality provisions of
this Section is guilty of a Class A misdemeanor.(f) Any person who knowingly or maliciously disseminates any false
information or report concerning the existence of any sexually
transmissible disease under this Section is guilty of a Class A misdemeanor.
		(Source: P.A. 89-381, eff. 8-18-95.) (410 ILCS 325/9) (from Ch. 111 1/2, par. 7409)Sec. 9. Prisoners.(a) The Department and its authorized
representatives may, at its discretion, enter any State, county or
municipal detention facility to interview, examine and treat any prisoner
for a sexually transmissible disease.  Any such State, county or municipal
detention facility shall cooperate with
the Department and its authorized representative to provide such space as
is necessary for the examination and treatment of all prisoners suffering
from or suspected of having a sexually transmissible disease.(b) Nothing in this Section shall be construed as relieving the
Department of Corrections or any county or municipality of their primary
responsibility for providing medical treatment for prisoners under their
jurisdiction, including treatment for sexually transmissible diseases.(c) Any person who knowingly or maliciously disseminates any false
information or report concerning the existence of any sexually
transmissible disease under this Section is guilty of a Class A misdemeanor.(d) The Department, in consultation with the Department of Corrections, shall develop and implement written procedures that establish a process for confidentially notifying and recommending sexually transmissible disease testing of the contacts of a committed person who has been diagnosed with a sexually transmissible disease and for notifying and recommending sexually transmissible disease testing of a committed person who has had contact with one diagnosed with a sexually transmissible disease.  The process shall be in accordance with Sections 3, 5, and 8 of this Act. (Source: P.A. 97-928, eff. 8-10-12.) (410 ILCS 325/10) (from Ch. 111 1/2, par. 7410)Sec. 10. 
		Rules. 
		(a) The Department shall adopt such rules as may be
necessary for the performance of its duties under this Act.(b) Rules of the Department for the performance of its duties under
this Act shall include criteria, standards and procedures for the
identification and contact of any person to be interviewed and subject to
examination and treatment under Sections 5 and 6 of this Act.
		(Source: P.A. 85-681.)
(410 ILCS 330/0.01) (from Ch. 111 1/2, par. 22.99)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Polio Vaccine Act.
		(Source: P.A. 86-1324.) (410 ILCS 330/1) (from Ch. 111 1/2, par. 22a)Sec. 1. 
		
		The Department of Public Health is authorized to acquire and
distribute vaccine for the prevention of poliomyelitis for the use of
persons in the State of Illinois. Such vaccine shall be distributed to
hospitals, clinics, local health departments and other similar
organizations and to licensed physicians so that inoculations may be made
without a charge for the vaccine on the part of such persons inoculated
with the vaccine.
		(Source: Laws 1957, p. 37.) (410 ILCS 330/2) (from Ch. 111 1/2, par. 22b)Sec. 2. 
		
		The Department of Public Health may adopt such rules and regulations
as may enable it to carry out the provisions of this Act. The provisions of the
Illinois Administrative Procedure Act are hereby expressly adopted and shall
apply to all administrative rules and procedures of such Department under this
Act, except that Section 5-35 of the Illinois Administrative Procedure Act
relating to procedures for rule-making does not apply to the adoption of any
rule required by federal law in connection with which the Department is
precluded by law from exercising any discretion.
		(Source: P.A. 88-45.)
(410 ILCS 335/1)Sec. 1. 
		Short title. 
		This Act may be cited as the Perinatal HIV
Prevention
Act.
		(Source: P.A. 93-566, eff. 8-20-03.) (410 ILCS 335/5)Sec. 5. Definitions. In this Act:"Birth center" means a facility licensed by the Department under paragraph (6) of Section 35 of the Alternative Health Care Delivery Act."Department" means the Department of Public Health."Health care professional" means a physician licensed to practice
medicine in all its branches, a licensed physician assistant, or a licensed
advanced
practice registered nurse."Health care facility" or "facility" means any hospital, birth center, or other
institution that is licensed or otherwise authorized to deliver health care
services."Health care services" means any prenatal medical care or labor or
delivery services to a pregnant woman and her newborn infant, including
hospitalization."Opt-out testing" means an approach in which an HIV test is offered to the patient, such that the patient is notified that HIV testing may occur unless the patient opts out by declining the test."Third trimester" means the 27th week of pregnancy through delivery. (Source: P.A. 99-173, eff. 7-29-15; 100-265, eff. 8-22-17; 100-513, eff. 1-1-18; 100-863, eff. 8-14-18.) (410 ILCS 335/10)Sec. 10. HIV counseling and offer of HIV testing required.(a) Every health care professional who provides health care services to a
pregnant
woman shall, unless she already has a negative HIV status during the third trimester of the current pregnancy, or is already HIV-positive, provide the woman with HIV counseling, as described in subpart (d) of this Section, and shall test her for HIV on an opt-out basis unless she refuses.  The counseling and testing or refusal of testing shall comply with the requirements for informed consent in the AIDS Confidentiality Act and be documented in the pregnant woman's medical record as required by the AIDS Confidentiality Act.A health care
professional shall
provide the first opt-out HIV testing as early in the woman's pregnancy
as
possible. The health care professional providing health care services to a pregnant woman in the third trimester shall perform a second round of opt-out HIV testing, ideally by the 36th week of pregnancy, unless the pregnant woman already has a negative HIV status from the third trimester of the current pregnancy, or is already HIV-positive.(b) Every health care professional or facility that cares for a pregnant
woman
during
labor or delivery shall, unless she already has a negative HIV status from the third trimester of the current pregnancy, or is already HIV-positive, provide the woman with HIV counseling, as described in subpart (d) of this Section,  and rapid opt-out

HIV
testing. The woman in labor or delivery may refuse the HIV test verbally or in writing. The counseling and testing or refusal of testing
 shall be
documented in the laboring or delivering woman's medical record. The health care facility shall adopt a policy that provides that as soon as possible within medical standards after the infant's birth, the delivering mother's HIV test result, if available, shall be noted in the newborn infant's medical record. It shall also be noted in the newborn infant's medical record if the mother's third trimester HIV test result is not available because she was not tested in the third trimester or has declined testing. Any testing or test results shall be
documented in accordance with the AIDS Confidentiality Act.(c) Every health care professional or facility caring for a newborn infant
shall, upon
delivery or as soon as possible within medical standards after the infant's birth, provide
counseling as described in subsection (d) of this Section to the
parent or
guardian of the infant and perform rapid HIV testing on the infant, when the HIV status of the
infant's mother is unknown, or if the delivering woman did not undergo HIV testing in the third trimester of the current pregnancy.(d) The counseling required under this Section must be provided in
accordance with
the
AIDS Confidentiality Act and must include the following:(1) For the health of the pregnant woman, the     voluntary nature of the testing, the benefits of HIV testing, including the prevention of transmission, and the requirement that HIV testing be performed unless she refuses and the methods by which she can refuse.(2)  The benefit of HIV testing for herself and the     newborn infant, including interventions to prevent HIV transmission.(3)  The side effects of interventions to prevent HIV     transmission.(4)  The statutory confidentiality provisions that     relate to HIV and acquired immune deficiency syndrome ("AIDS") testing.(5) The requirement for mandatory testing of the     newborn if the mother's HIV status during the third trimester of pregnancy is unknown and if the mother was not rapidly tested for HIV at delivery.(6) An explanation of the test, including its     purpose, limitations, and the meaning of its results.(7) An explanation of the procedures to be followed.(8) The availability of additional or confirmatory     testing, if appropriate. Counseling may be provided in writing, verbally, or by video, electronic, or other means.  The pregnant or delivering woman must be offered an opportunity to ask questions about testing and to decline testing.(e) All counseling and testing must be performed in accordance with the
standards set forth in the AIDS Confidentiality Act, including the informed consent provisions of Sections 4, 7, and 8 of that Act, with the exception of
the requirement of consent for testing of newborn infants.Consent for
testing of a newborn infant shall be presumed when a health care professional
or health care
facility seeks to perform a test on a newborn infant whose mother's HIV status
is not known either in the third trimester of pregnancy or at delivery, provided that the counseling required under subsection (d) of this Section and the AIDS Confidentiality Act
has taken place.(f) The Illinois Department of Public Health shall adopt necessary rules to
implement this Act by July 1, 2008.
(Source: P.A. 100-265, eff. 8-22-17.) (410 ILCS 335/15)Sec. 15. Reporting.(a) Health care facilities shall adopt a policy that provides that a report of a preliminarily HIV-positive woman identified by a rapid HIV test or a report of a preliminarily HIV-exposed newborn infant identified by a rapid HIV test shall be made to the Department's Perinatal HIV Hotline within 12 hours but not later than 24 hours of the test result.  Section 15 of the AIDS Confidentiality Act applies to reporting under this Act, except that the immunities set forth in that Section do not apply in cases of willful or wanton misconduct.(b) The Department shall adopt rules specifying the information required in reporting the preliminarily HIV-positive pregnant or post-partum woman and preliminarily HIV-exposed newborn infant and the method of reporting.  In adopting the rules, the Department shall consider the need for information, protections for the privacy and confidentiality of the infant and parents, the need to provide access to care and follow-up services to the infant, and procedures for destruction of records maintained by the Department if, through subsequent HIV testing, the pregnant or post-partum woman or newborn infant is found to be HIV-negative.(c) The confidentiality provisions of the AIDS Confidentiality Act shall apply to the reports of cases of  perinatal HIV made pursuant to this Section.(d) Health care facilities shall monthly report aggregate statistics to the Department that include the number of pregnant or delivering women who presented with known HIV status; the number of pregnant women rapidly tested for HIV in labor and delivery as either a first HIV test or a repeat third trimester HIV test; the number of newborn infants rapidly tested for HIV-exposure because the HIV status of the delivering woman was unknown in the third trimester, or the delivering woman refused testing; the number of preliminarily HIV-positive pregnant or delivering women and preliminarily HIV-exposed newborn infants identified;  the number of families referred to case management; and other information the Department determines is necessary to measure progress under the provisions of this Act.  Health care facilities must report the confirmatory test result when it becomes available for each preliminarily positive rapid HIV test performed on the pregnant or delivering woman and on  a newborn.(e) The Department or its authorized representative shall provide case management services to the preliminarily positive pregnant or post-partum woman or the parent or guardian of the preliminarily positive newborn infant to ensure access to treatment and care and other services where the pregnant or post-partum woman or the parent or guardian of the newborn infant has consented to the services.(f) Every health care facility caring for a newborn infant whose mother had been diagnosed HIV positive prior to labor and delivery shall report a case of perinatal HIV exposure in accordance with the HIV/AIDS Registry Act, the Illinois Sexually Transmissible Disease Control Act, and rules to be developed by the Department. If after 18 months from the date that the report was submitted, a newborn infant is determined to not have HIV or AIDS, the Department shall remove the newborn infant's name from all reports, records, and files collected or created under this subsection (f).
(Source: P.A. 100-265, eff. 8-22-17.) (410 ILCS 335/20)Sec. 20. 24-hour Perinatal HIV Hotline.(a)  The Department of Public Health or its authorized representative shall establish and maintain a 24-hour Perinatal HIV Hotline.  The purpose of the hotline is to provide linkage to case management  and ensure consultation to help prevent the following:(1) transmission of HIV during labor and delivery; and(2) HIV infection of the newborn infant.(b)  The hotline must provide to health care professionals perinatal HIV treatment information in accordance with guidelines established by the U.S. Public Health Service or other nationally-recognized experts, as determined by the Department.  An electronic reporting system may replace the telephone hotline if the Department determines the same services can be provided more effectively.
(Source: P.A. 94-910, eff. 6-23-06.) (410 ILCS 335/25)Sec. 25. Treatment information. A health care facility shall adopt a policy that provides that when an HIV test performed under this Act shows that a newborn infant is preliminarily HIV-exposed, the infant's parent or guardian shall be informed of the importance of obtaining timely treatment for the infant in order to prevent the newborn from becoming HIV infected, and the mother of the newborn infant shall be informed  of the importance of obtaining treatment for her HIV infection.  The Department shall provide to health care professionals and health care facilities written information that may be used to satisfy their obligation under this Section.
(Source: P.A. 94-910, eff. 6-23-06.) (410 ILCS 335/30)Sec. 30. Objections of parent or guardian to test. The provisions of this Act requiring testing for HIV shall not apply when a parent or guardian of a child objects to HIV testing on the grounds that the test conflicts with the parent's religious tenets and practices. A written statement of the objection shall be presented to the physician or other person whose duty it is to administer and report the tests under the provisions of this Act.
(Source: P.A. 100-265, eff. 8-22-17.) (410 ILCS 335/35)Sec. 35. Department report. The Department of Public Health  shall prepare an annual report for the Governor and the General Assembly on the implementation of this Act that includes information on the number of HIV-positive pregnant women who presented with known HIV status, the number of pregnant women rapidly tested for HIV in labor and delivery, the number of newborn infants rapidly tested for HIV exposure, the number of preliminarily HIV-positive pregnant women and preliminarily HIV-exposed newborn infants identified, the confirmatory test result for each preliminarily positive rapid HIV test performed on the woman and newborn, the number of families referred to case management, and other information the Department determines is necessary to measure progress under the provisions of this Act.  The Department shall assess the needs of health care professionals and facilities for ongoing training in implementation of the provisions of this Act and make recommendations to improve the program.
(Source: P.A. 100-265, eff. 8-22-17.) (410 ILCS 335/99)Sec. 99. 
		Effective date. 
		This Act takes effect upon becoming law.
		(Source: P.A. 93-566, eff. 8-20-03.)
(410 ILCS 35/1) (from Ch. 111 1/2, par. 3751-1)Sec. 1. 
		Short title. 
		This Act may be cited as the Equitable Restrooms Act.
		(Source: P.A. 87-472.) (410 ILCS 35/5) (from Ch. 111 1/2, par. 3751-5)Sec. 5. 
		Legislative finding. 
		The General Assembly
finds that an inequitable situation occurs due to delays which women face
in the use of restroom facilities when men are rarely required to wait for
the same purpose.  Rectifying this inequitable situation is a matter of serious
public concern.  This Act shall be liberally construed toward that end.
		(Source: P.A. 87-472.) (410 ILCS 35/10) (from Ch. 111 1/2, par. 3751-10)Sec. 10. 
		Definition. 
		As used in this Act, "place of public
accommodation" means a publicly or privately owned sports or entertainment
arena, stadium, community or convention hall, special event center,
amusement facility or a special event center in a public park.  This
definition does not include hotels, restaurants or schools.
		(Source: P.A. 87-472.) (410 ILCS 35/15) (from Ch. 111 1/2, par. 3751-15)Sec. 15. 
		Specifications. 
		A place of public accommodation shall be
equipped with the following facilities:(1) At least one women's toilet stall for every 200     persons in the maximum legal capacity of the place of public accommodation.(2) At least one men's toilet stall for every 700     persons in the maximum legal capacity of the place of public accommodation.(3) At least one men's urinal for every 250 persons     in the maximum legal capacity of the place of public accommodation.		(Source: P.A. 87-472.) (410 ILCS 35/18)Sec. 18. Baby changing stations.(a) As used in this Section:"Public building" means:(1) a place of public accommodation, as that term is     defined in Section 10;(2) a State building open to the public;(3) a retail store of more than 5,000 square feet     that contains a restroom open to the public; or(4) a restaurant that meets the following criteria:      (A) the restaurant has an occupancy of at least 60 persons, as determined by the local fire department, fire protection district, building permitting entity, or building inspector; (B) the restaurant contains a restroom that is open to the public; and (C) the restaurant's entrance is not within 300 feet of a centrally located facility with a baby diaper changing station that is open to the public."Restaurant" means a business having sales of ready-to-eat food for immediate consumption comprising at least 51% of the total sales, excluding the sale of liquor.(b) Every public building with restrooms open and accessible to the public shall have:(1) at least one safe, sanitary, convenient, and     publicly accessible baby diaper changing station that is accessible to women entering a restroom provided for use by women and at least one safe, sanitary, convenient, and publicly accessible baby diaper changing station that is accessible to men entering a restroom provided for use by men; or(2) at least one safe, sanitary, convenient, and     publicly accessible baby diaper changing station that is accessible to both men and women.This requirement is in addition to any accommodations that may be made for individuals in accordance with any local, State, or federal laws regarding access for persons with disabilities and to existing fire, health, and safety codes or standards.(c) Subsection (b)  does not apply to the following:(1) An industrial building, nightclub, or bar that     does not permit anyone who is under 18 years of age to enter the premises.(2) A restroom located in a health facility, if the     restroom is intended for the use of one patient or resident at a time.(3) A renovation, if a local building permitting     entity or building inspector determines that the installation of a baby diaper changing station is not feasible or would result in a failure to comply with applicable building standards governing the right of access for persons with disabilities. The permitting entity or building inspector may grant an exemption from the requirements of this subsection under those circumstances.(d) A public restroom that is open and accessible to the public and includes a baby diaper changing station shall include signage at or near the entrance to the baby changing station indicating the location of the baby diaper changing station.(e) This Section shall not be enforceable by a private right of action.
(Source: P.A. 101-293, eff. 1-1-20; 101-602, eff. 1-1-20.) (410 ILCS 35/20) (from Ch. 111 1/2, par. 3751-20)Sec. 20. Application. Except for Section 25, this Act applies only to places of public
accommodation that commence construction, or that commence alterations
exceeding 50% of the entire place of public accommodation, after the
effective date of this Act.
(Source: P.A. 101-165, eff. 1-1-20.) (410 ILCS 35/25)Sec. 25. All-gender single-occupancy restrooms.(a) In this Section:"Place of public accommodation" has the same meaning provided in Section 5-101 of the Illinois Human Rights Act."Single-occupancy restroom" means a fully enclosed room, with a locking mechanism controlled by the user, containing a sink, toilet stall, and no more than one urinal.(b)   This Section applies to any existing or future places of public accommodation or public buildings.(c)   Notwithstanding any other provision of law, every single-occupancy restroom in a place of public accommodation or public building shall be identified as all-gender and designated for use by no more than one person at a time or for family or assisted use. Each single-occupancy restroom shall be outfitted with exterior signage that marks the single-occupancy restroom as a restroom and does not indicate any specific gender.(d) During any inspection of a place of public accommodation or public building by a health officer or health inspector, the health officer or health inspector may inspect the place of public accommodation or public building to determine whether it complies with this Section.(e)   The Department of Public Health shall adopt rules to implement this Section.
(Source: P.A. 101-165, eff. 1-1-20.)
(410 ILCS 37/1)Sec. 1. Short title. This Act may be cited as the Construction Site Temporary Restroom Facility Act.
(Source: P.A. 94-42, eff. 6-17-05.) (410 ILCS 37/5)Sec. 5. Legislative finding. It has been established by scientific evidence that improper plumbing can result in the introduction of pathogenic organisms into the potable water supply, result in the escape of toxic gases into the environment, and result in potentially lethal disease and epidemic.  It is further found that minimum numbers of plumbing facilities and fixtures are necessary for the comfort and convenience of workers and persons in public places.
(Source: P.A. 94-42, eff. 6-17-05.) (410 ILCS 37/10)Sec. 10. Temporary restroom facility. The owner or the owner's representative of a temporary building or building under construction, that is not yet occupied for its intended purpose, shall ensure that employees working on the construction site have access to restroom facilities which meet the following requirements:(1) Toileting facilities shall be enclosed and     discharged into a sanitary sewer.  In lieu of connecting to a sewer, the sanitary facility may be a portable, enclosed, chemically-treated tank-tight unit.(2) If individual portable units are used, separate     toileting facilities are not required for males and females.  Toileting facilities shall be provided based on the Occupational Safety and Health Administration construction sanitation standards, which are as follows:(A) For 20 employees or less, one toilet facility         shall be provided.(B) For 20 employees or more, one toilet facility         and one urinal per 40 workers shall be provided.(C) For 200 or more employees, one toilet         facility and one urinal per 50 workers shall be provided.(3) Hand cleansing units shall be provided.(4) All non-sewered units shall be pumped and     cleansed regularly to ensure adequate working facilities.(5) For non-residential temporary buildings or     non-residential buildings, the restroom facilities shall be located within 300 feet of the entrance of the building under construction.(6) For residential temporary buildings or     residential buildings, the restroom facilities shall be made readily available in nearby areas. (Source: P.A. 94-42, eff. 6-17-05.) (410 ILCS 37/15)Sec. 15. Enforcement. Inspectors employed by municipalities and counties may inspect construction sites to ensure compliance with this Act.
(Source: P.A. 94-42, eff. 6-17-05.) (410 ILCS 37/20)Sec. 20. Penalty.(a) Any owner who fails or refuses to comply with the provisions of this Act shall be deemed guilty of a petty offense.(b) Any owner convicted of violating the provisions of this Act shall be subject to a conviction for succeeding offenses for each day he or she fails or refuses to comply with the provisions of this Act.  
(Source: P.A. 94-42, eff. 6-17-05.) (410 ILCS 37/99)Sec. 99. Effective date. This Act takes effect upon becoming law.
		
(Source: P.A. 94-42, eff. 6-17-05.)
(410 ILCS 39/1)Sec. 1. Short title. This Act may be cited as the Restroom Access Act.
(Source: P.A. 94-450, eff. 8-4-05.) (410 ILCS 39/5)Sec. 5. Definitions. In this Act:"Customer" means an individual who is lawfully on the premises of a retail establishment."Eligible medical condition" means Crohn's disease, ulcerative colitis, any other inflammatory bowel disease, irritable bowel syndrome, or any other medical condition that requires immediate access to a toilet facility."Retail establishment" means a place of business open to the general public for the sale of goods or services.
"Retail establishment" does not include a filling station or service station, with a structure of 800 square feet or less, that has an employee toilet facility located within that structure.
(Source: P.A. 94-450, eff. 8-4-05.) (410 ILCS 39/10)Sec. 10. Retail establishment; customer access to restroom facilities. A retail establishment that has a toilet facility for its employees shall allow a customer to use that facility during normal business hours if the toilet facility is reasonably safe and all of the following conditions are met:(1) The customer requesting the use of the employee     toilet facility  suffers from an eligible medical condition or utilizes an ostomy device.(2) Three or more employees of the retail     establishment are working at the time the customer requests use of the employee toilet facility.(3) The retail establishment does not normally make a     restroom available to the public.(4) The employee toilet facility is not located in an     area where providing access would create an obvious health or safety risk to the customer or an obvious security risk to the retail establishment.(5) A public restroom is not immediately accessible     to the customer. (Source: P.A. 94-450, eff. 8-4-05.) (410 ILCS 39/15)Sec. 15. Liability.(a) A retail establishment or an employee of a retail establishment is not civilly liable for any act or omission in allowing a customer that has an eligible medical condition to use an employee toilet facility that is not a public restroom if the act or omission meets all of the following:(1) It is not willful or grossly negligent.(2) It occurs in an area of the retail establishment     that is not accessible to the public.(3) It results in an injury to or death of the     customer or any individual other than an employee accompanying the customer.(b) A retail establishment is not required to make any physical changes to an employee toilet facility under this Act.  
(Source: P.A. 94-450, eff. 8-4-05.) (410 ILCS 39/20)Sec. 20. Violation. A retail establishment or an employee of a retail establishment that violates Section 10 is guilty of a petty offense.  The penalty is a fine of not more than $100.  
(Source: P.A. 94-450, eff. 8-4-05.) (410 ILCS 39/99)Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 94-450, eff. 8-4-05.)
(410 ILCS 4/1)Sec. 1. 
		Short title. 
		This Act may be cited as the Automated External Defibrillator Act.
		(Source: P.A. 91-524, eff. 1-1-00.) (410 ILCS 4/5)Sec. 5. 
		Findings; intent. 
		The General Assembly finds that timely
attention in medical
emergencies saves lives, and that trained use of
automated
external defibrillators in medical emergency response can
increase the
number of lives saved.  It is the intent of the General Assembly to encourage
training in
lifesaving first aid, to set standards for the use of automated
external
defibrillators and to encourage their use.
		(Source: P.A. 91-524, eff. 1-1-00.) (410 ILCS 4/10)Sec. 10. 
		Definitions. 
		As used in this Act:"Automated external defibrillator" means a medical device heart monitor and
defibrillator that:(1) has received approval of its premarket     notification, filed pursuant to 21 U.S.C. Section 360(k), from the United States Food and Drug Administration;(2) is capable of recognizing the presence or absence     of ventricular fibrillation and rapid ventricular tachycardia, and is capable of determining, without intervention by an operator, whether defibrillation should be performed;(3) upon determining that defibrillation should be     performed, either automatically charges and delivers an electrical impulse to an individual, or charges and delivers an electrical impulse at the command of the operator; and(4) in the case of a defibrillator that may be     operated in either an automatic or a manual mode, is set to operate in the automatic mode."Defibrillation" means administering an electrical impulse to an individual
in
order to stop ventricular fibrillation or rapid ventricular tachycardia."Person" means an individual, partnership, association, corporation, limited
liability
company, or organized group of persons (whether incorporated or not)."Trained AED user" means a person who
has successfully completed a course of instruction in accordance with the
standards of a nationally recognized organization such as the American Red
Cross or the American Heart Association or a course of instruction in
accordance
with  the
rules
adopted under this Act to use an automated external defibrillator, or who is
licensed to
practice medicine in all its branches in this State."Department" means the Department of Public Health.
		(Source: P.A. 91-524, eff. 1-1-00.) (410 ILCS 4/15)Sec. 15. 
		Training.(a) The Department shall adopt rules regarding the establishment of
programs to train individuals as trained AED users.  Rules regarding the
establishment of programs to train individuals as trained AED
users
shall specify the following:(1) The curriculum of any program to train     individuals shall include complete training in cardiopulmonary resuscitation (commonly referred to as "CPR") prepared according to nationally recognized guidelines.(2) The qualifications necessary for any individuals     to teach a program to train an individual as a trained AED user.(3) The time period for which training recognition     shall be valid, and the recommendation for subsequent renewal.(b) In carrying out subsection (a), the Department shall identify an
appropriate training
curriculum designed for trained AED users who are members of the general
public,
and a training curriculum designed for trained AED users who are health
professionals.  
		(Source: P.A. 91-524, eff. 1-1-00.) (410 ILCS 4/20)Sec. 20. Maintenance; oversight.(a) A person acquiring an automated
external defibrillator shall take reasonable measures to ensure that:(1) (blank);(2) the automated external defibrillator is     maintained and tested according to the manufacturer's guidelines;(3) any person considered to be an anticipated     rescuer or user will have successfully completed a course of instruction in accordance with the standards of a nationally recognized organization, such as the American Red Cross or the American Heart Association, or a course of instruction in accordance with existing rules under this Act to use an automated external defibrillator and to perform cardiovascular resuscitation (CPR); and(4) any person who renders out-of-hospital emergency     care or treatment to a person in cardiac arrest by using an automated external defibrillator activates the EMS system as soon as possible and reports any clinical use of the automated external defibrillator.(b) A person in possession of an automated
external defibrillator shall notify an agent of the local
emergency communications or vehicle dispatch center of the
existence, location, and type of the automated external
defibrillator.
					(Source: P.A. 95-447, eff. 8-27-07.) (410 ILCS 4/25)Sec. 25. 
		
		Illinois Department of Public Health;
responsibilities.   The Illinois Department of Public Health
shall maintain incident reports on
automated external defibrillator use and conduct annual
analyses of all related data.  The Department shall adopt
rules to carry out its responsibilities under this Act.
		(Source: P.A. 91-524, eff. 1-1-00.) (410 ILCS 4/30)Sec. 30. Exemption from civil liability.(a) A physician licensed in Illinois to practice medicine in all its
branches who authorizes the purchase of an automated external
defibrillator is not liable for civil damages as a result of any act or
omission arising out of authorizing the purchase of an automated external
defibrillator, except for willful or wanton misconduct, if
the requirements of this Act are met.(b) An individual or entity providing training in the use of automated
external defibrillators is not liable for civil damages as a result of any act
or omission involving the use of an automated external defibrillator, except
for willful or wanton misconduct, if the requirements of this Act are met.(c) A person, unit of State or local government, sheriff's office, municipal police department, or school
district owning, occupying, or managing the premises where an
automated external defibrillator is located is not liable for civil damages as
a
result of any act or omission involving the use of an automated
external
defibrillator, except for willful or wanton misconduct, if the requirements of
this Act are met.(d) An AED user is not liable for civil damages as a
result of
any act or omission involving the use of an automated external defibrillator
in an emergency situation, except for willful or wanton misconduct, if the
requirements of this Act are met.(e) This Section does not apply to a public hospital.
(Source: P.A. 99-246, eff. 1-1-16.)
(410 ILCS 405/1) (from Ch. 111 1/2, par. 6951)Sec. 1. 
		Short Title. 
		This Act shall be known and may be cited as
the Alzheimer's Disease Assistance Act.
		(Source: P.A. 84-378; 84-513.) (410 ILCS 405/2) (from Ch. 111 1/2, par. 6952)Sec. 2. Policy declaration. The General Assembly finds that dementia is a general term for cognitive decline caused by various diseases and conditions that result in damaged brain cells or connections between brain cells. Alzheimer's disease is the most common type of dementia, caused by physical changes in the brain and accounting for 60% to 80% of cases. There are many other causes of dementia, known here as related disorders. Today Alzheimer's disease affects
 an estimated
5,400,000 

Americans; approximately 210,000 

Illinois
citizens have Alzheimer's disease.  The General Assembly also recognizes that the incidence of Alzheimer's disease is rising and expected to reach 240,000 in Illinois by 2025.  The General Assembly finds that Medicaid costs for individuals with Alzheimer's disease are 9 times higher than the costs for a person without Alzheimer's disease in the same age group and that 71% of all Illinois nursing home residents have some degree of cognitive impairment, with more than half of that group having moderate to severe cognitive decline.The General Assembly also finds that Alzheimer's is not a normal part of aging, although the greatest known risk factor is increasing age, and the majority of people with Alzheimer's are 65 and older. But Alzheimer's is not just a disease of old age. Up to 5% of people with the disease have early-onset Alzheimer's (also known as younger-onset), which often appears when someone is in their forties or fifties.  It is the opinion of the General
Assembly that Alzheimer's disease and related disorders cause serious
financial, social, and emotional hardships on persons with Alzheimer's disease or related disorders and their families
of such a major consequence that it is essential for the State to develop and
implement policies, plans, programs and services to alleviate such hardships.The General Assembly recognizes that there is no known cause or cure
of Alzheimer's disease at this time, and that it can progress
over an extended period of time and to such a degree that a person with Alzheimer's disease dies from Alzheimer's disease.  The General Assembly recognizes that Alzheimer's disease is the sixth leading cause of death across all ages in the United States and the fifth leading cause of death for those aged 65 or older.  It is the intent of the General
Assembly, through implementation of this Act, to establish a program for
the conduct of research regarding the cause, cure and treatment of Alzheimer's
disease and related disorders; and, through
the establishment of Regional Alzheimer's Disease Assistance Centers and
a comprehensive, Statewide system of regional and community-based services,
to provide for the identification, evaluation, diagnosis, referral and
treatment of individuals with Alzheimer's disease or related disorders.   It is also the intent of the General Assembly to provide adequate and appropriate State policy and regulations to ensure that Illinois persons with Alzheimer's disease and related disorders are able to maintain their quality of life and their dignity as they progress through the course of the disease.
(Source: P.A. 97-768, eff. 1-1-13.) (410 ILCS 405/3) (from Ch. 111 1/2, par. 6953)Sec. 3. Definitions. As used in this Act:(a) "Alzheimer's disease" or "Alzheimer's" or "AD" means the most common form of dementia that causes problems with memory, thinking, and behavior. Symptoms usually develop slowly and get worse over time, becoming severe enough to interfere with daily tasks. Symptoms include a decline in memory and the loss of function in at least one other cognitive ability, such as the ability to generate coherent speech or understand written or spoken language; the ability to recognize or identify objects; the ability to execute motor activities; or the ability to think abstractly.(a-5) "Dementia" means cognitive decline, including a loss of memory and other mental abilities severe enough to interfere with daily life.(a-10) "Related disorders" or "related dementias" means any other form of dementia that is not caused by Alzheimer's disease.(a-15) "Dementia-capable State" means that the State of Illinois and its long-term care services, community-based services, and dementia support systems have:(1) the ability to identify people with dementia and     their caregivers;(2) information, referral, and service coordination     systems that provide person-centered services to people with dementia and their caregivers;(3) eligibility criteria for public programs that are     equitable for people with dementia;(4) coverage of services that people with dementia     and their caregivers are likely to use;(5) a professional caregiving workforce that knows     about Alzheimer's disease and other dementias and how to serve that population and their caregivers; and(6) quality assurance systems that take into account     the unique needs of people with dementia and their caregivers.(b) "Regional Alzheimer's Disease Assistance Center" or "Regional ADA
Center" means any postsecondary higher educational institution having
a medical school in affiliation with a medical center and having a National
Institutes of Health and National Institutes on Aging sponsored Alzheimer's
Disease Core Center.
Any Regional ADA Center which was designated as having a National Alzheimer's
Disease Core Center but no longer carries such designation shall continue to
serve as a Regional ADA Center.(c) "Primary Alzheimer's provider" means a licensed hospital, a medical
center under the supervision of a physician licensed to practice medicine
in all of its branches, or a medical center that provides medical
consultation, evaluation, referral and treatment to persons who may be or
who have been diagnosed as individuals with Alzheimer's disease or related
disorders pursuant to policies, standards, criteria and procedures adopted
under an affiliation agreement with a Regional ADA Center under this Act.(d) "Alzheimer's disease assistance network" or "ADA network" means the
various health, mental health and social services agencies that provide
referral, treatment and support services under standards and plans
adopted and implemented in conjunction with a Regional ADA Center.(e) "ADA Advisory Committee" or "Advisory Committee" or "Committee" means
the Alzheimer's Disease Advisory Committee created under Section 6 of this Act.(f) "Department" means the Illinois Department of Public Health.
(Source: P.A. 97-768, eff. 1-1-13.) (410 ILCS 405/4) (from Ch. 111 1/2, par. 6954)Sec. 4. 
Development of standards for a service network and
designation of regional centers and primary providers.  By January 1, 1987, the
Department, in consultation with the Advisory Committee, shall develop
standards for the conduct of research and for the identification,
evaluation, diagnosis, referral and treatment of individuals with Alzheimer's
disease and related disorders and their families through the ADA network of
designated regional centers and other providers of service
under this Act.  Such standards shall include all of the following:(a) A description of the specific populations and     geographic areas to be served through ADA networks that may be established under this Act.(b) Standards, criteria and procedures for     designation of Regional ADA Centers, which ensure the provision of quality care to a broad segment of the population through on-site facilities and services and through a network of primary Alzheimer's providers and other providers of service that may be available within the service area defined by the Department.  At least 2 Regional ADA Centers shall be conveniently located to serve the Chicago metropolitan area and at least one Regional ADA Center shall be conveniently located to serve the balance of the State.  The Regional ADA Centers shall provide at least the following:(1) comprehensive diagnosis and treatment         facilities and services which have (i) professional medical staff specially-trained in geriatric medicine, neurology, psychiatry and pharmacology, and the detection, diagnosis and treatment of Alzheimer's disease and related disorders, (ii) sufficient support staff who are trained as caregivers to individuals with Alzheimer's disease and related disorders, (iii) appropriate and adequate equipment necessary for diagnosis and treatment, and (iv)  such other support services, staff and equipment as may be required;(2) consultation and referral services for         individuals with AD and their families or demonstrated instances of referral to consultation and referral services  provided by organizations and agencies specializing in Alzheimer's disease and related disorders for those affected to ensure informed consent to treatment and to assist them in obtaining necessary assistance and support services through primary Alzheimer's providers and various private and public agencies that may otherwise be available to provide services under this Act;(3) research programs and facilities to assist         faculty and students in discovering the cause of and the diagnosis, cure and treatment for Alzheimer's disease and related disorders;(4) training, consultation and continuing         education for caregivers or demonstrated instances of referral to training, consultation, and continuing education provided by organizations and agencies specializing in Alzheimer's disease and related disorders for those affected, including families of those who are affected by Alzheimer's disease and related disorders;(5) centralized data collection, processing and         storage that will serve as a clearinghouse of information to assist individuals with AD, families and ADA Resources, and to facilitate research; and(6) programs of scientific and medical research         in relation to Alzheimer's disease and related disorders that are designed and conducted in a manner that may enable such center to qualify for Federal financial participation in the cost of such programs.(c) Procedures for recording and reporting research     and treatment results by primary Alzheimer's providers and other affiliated providers of service that are within the ADA network to the Regional ADA Center and to the Department.(d) Policies, procedures and minimum standards and     criteria to be included in affiliation agreements between primary Alzheimer's providers and the Regional ADA Center in the conduct of any research and in the diagnosis, referral and treatment of individuals with Alzheimer's disease and related disorders and their families.(e) Policies, procedures, standards and criteria,     including medical and financial eligibility factors, governing admission to and utilization of the programs, facilities and services available through the ADA network by persons who may be or who have been diagnosed as having Alzheimer's disease or a related disorder, including forms and procedures for obtaining necessary patient consents to participation in research, and in the reporting and processing of appropriate information in a patient's medical records in relation to consultations, referrals and treatments by the various providers of service within the ADA network.(Source: P.A. 97-768, eff. 1-1-13.) (410 ILCS 405/5) (from Ch. 111 1/2, par. 6955)Sec. 5. State ADA Plan. By January 1, 2014, and every 3 years
thereafter, the Department shall prepare a State Alzheimer's Disease
Assistance Plan in consultation with the Advisory Committee to guide
research, diagnosis, referral and treatment services within each service
area described by the Department. To ensure meaningful input by stakeholders into the plan, the Department or members of the General Assembly or other interested parties may hold public hearings at locations throughout the State for input by consumers and providers of care. The Department or members of the General Assembly or other interested parties may also utilize technological means or work with advocacy organizations that have technological capability, such as Webcasts or online surveys, to gather feedback on recommendations from persons and families affected by Alzheimer's disease and the general public.  State agencies with programs serving the population impacted by Alzheimer's may also present testimony at one of the State hearings to specify how they are meeting the needs of people with Alzheimer's. Various stakeholders, including related consumer organizations or advocacy organizations as well as individuals with Alzheimer's disease or a related disorder and caregivers of such individuals, may also be invited to provide public comment. The results of any public hearings held pursuant to this Section shall be presented to the Department in a format as determined by the Department to be included in the State Alzheimer's Disease Assistance Plan.The plan shall incorporate any testimony that may be offered on the following topics:(1) An assessment  of the current and future impact     of Alzheimer's disease on Illinois residents.(2) An examination of the existing industries,     services, and resources addressing the needs of persons with Alzheimer's, their families, and caregivers.(3) The development of a strategy to mobilize a State     response to this public health crisis.(4) Trends in State Alzheimer's population and needs,     including the changing population with dementia, including, but not limited to, the use of State surveillance data of persons with Alzheimer's disease for purposes of having proper estimates of the number of persons in the State with Alzheimer's disease.(5) The current economic impact of Alzheimer's     disease and related disorders for the State, including the cost of direct and indirect care paid by Medicaid, other federal-State funded programs, the estimated direct and indirect costs of family caregiving, and the cost of Alzheimer's disease to businesses in Illinois.(6) Existing services, resources, and capacity,     including, but not limited to, the:(a) type, cost, and availability of dementia         services in this State;(b) dementia-specific training requirements for         paid professionals at any level and in any provider setting (institutional or home or community based) engaged in the care of persons with dementia;(c) quality care measures instituted in this         State for long-term care facilities; assisted living facilities; supportive living facilities; or any other residential program available for the care of persons with dementia;(d) capacity of public safety and law enforcement         to respond to persons with Alzheimer's;(e) availability of and amount spent by the State         on home and community-based resources for persons with Alzheimer's and related disorders and the availability of State-supported respite care to assist families;(f) inventory of all residential options for         individuals with dementia in this State, including, but not limited to, long-term special care units for people with dementia, assisted living units for dementia, and  supportive living units for dementia;(g) inventory of geriatric-psychiatric units for         persons with behavior disorders associated with Alzheimer's and related disorders;(h) specific efforts of State agencies directed         towards persons with Alzheimer's disease and related disorders and the agencies' estimation of resources that will be needed to meet an increased demand; and(i) level of State support of Alzheimer's         research through Illinois universities or other institutions and the results of such investments reflected both in research outcomes and subsequent federal investment in research in Illinois.(7) Recommended changes or additions to State     policies, including, but not limited to, directions for the provision of clear and coordinated services and supports to persons and families living with Alzheimer's and related disorders and strategies to address any identified gaps in services.The plan shall also indicate the number of persons
served, the extent of services provided, and the resources required for the
delivery of services through the ADA networks established under this Act.
Such plan shall identify and describe the duties and accomplishments of
each Regional ADA Center, the primary Alzheimer's providers and other various
providers of service within the ADA network of the described service area.
The Department shall consult with and take into consideration the plans of
local and State comprehensive health planning agencies recognized under the
Comprehensive Health Planning Act, as well as recommendations regarding Alzheimer's disease and related disorders that may be included in the State Health Improvement Plan.
(Source: P.A. 97-768, eff. 1-1-13.) (410 ILCS 405/6) (from Ch. 111 1/2, par. 6956)Sec. 6. Alzheimer's Disease Advisory Committee.(a) There is created the Alzheimer's
Disease Advisory Committee consisting of 17 voting members appointed by the
Director of the Department, as well as 5 nonvoting members as hereinafter
provided in this Section.  The Director or his designee shall serve as one
of the 17 voting members and as
the Chairman of the Committee.  Those appointed as voting members shall
include persons who are experienced in
research and the delivery of services to individuals with Alzheimer's disease or a related disorder and their families.
Such members shall include:(1) one individual from a statewide association     dedicated to Alzheimer's care, support, and research;(2) one individual from a non-governmental statewide     organization that advocates for seniors;(3) the Dementia Coordinator of the Illinois     Department of Public Health, or the Dementia Coordinator's designee;(4) one individual representing the Community Care     Program's Home and Community Services Division;(5) one individual representing the Adult Protective     Services Unit;(6) 3 individuals from Alzheimer's Disease Assistance     Centers;(7) one individual from a statewide association     representing an adult day service organization;(8) one individual from a statewide association     representing home care providers;(9) one individual from a statewide trade     organization representing the interests of physicians licensed to practice medicine in all of its branches in Illinois;(10) one individual representing long-term care     facilities licensed under the Nursing Home Care Act, an assisted living establishment licensed under the Assisted Living and Shared Housing Act, or  supportive living facilities;(11) one individual from a statewide association     representing the interests of social workers;(12) one individual representing Area Agencies on     Aging;(13) the Medicaid Director of the Department of     Healthcare and Family Services, or the Medicaid Director's designee;(14) one individual from a statewide association     representing health education and promotion and public health advocacy; and(15) one individual with medical or academic     experience with early onset Alzheimer's disease or related disorders.(b) In addition to the 17 voting members, the Directors of the following
State agencies or their designees who are qualified to represent each Department's programs and services for those with Alzheimer's disease or related disorders shall serve as nonvoting members:
Department on Aging, Department
of Healthcare and Family Services, Department of Public Health, Department of Human Services, and Guardianship and Advocacy Commission.Each voting member appointed by the
Director of Public Health shall serve for a term of 2 years, and until his
successor is appointed and qualified.  Members of the Committee shall not
be compensated but shall be reimbursed for expenses actually incurred in
the performance of their duties.  Vacancies shall be filled in the same manner as
original appointments.The Committee shall review all State programs and services provided by State agencies that are directed toward persons with Alzheimer's disease and related dementias, and by consensus recommend changes to improve the State's response to this serious health problem. Such recommendations shall be included in the State plan described in this Act. (Source: P.A. 101-588, eff. 1-1-20.) (410 ILCS 405/7) (from Ch. 111 1/2, par. 6957)Sec. 7. Regional ADA center funding. Pursuant to
appropriations enacted by the General Assembly, the Department shall
provide funds to hospitals affiliated with each
Regional ADA Center for
necessary research and
for the development and maintenance of services for individuals with Alzheimer's
disease and related disorders and their families.  For the fiscal year
beginning July 1, 2003, and each year thereafter, the Department shall effect
payments under this Section to hospitals affiliated with each Regional ADA
Center through the Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid).  The Department of Healthcare and Family Services shall annually report to the Advisory Committee established under this Act regarding the funding of centers under this Act.  The Department shall
include the annual expenditures for this purpose in the plan required by
Section 5 of this Act.
(Source: P.A. 100-621, eff. 7-20-18.) (410 ILCS 405/8)Sec. 8. Alzheimer's Disease Research, Care, and Support Fund; support. The Department, in coordination with the members of the Alzheimer's Disease Advisory Committee, shall make reasonable efforts to promote the Alzheimer's Disease Research, Care, and Support Fund during relevant times, including, but not limited to, periods of time when tax returns are typically received. Ways to promote the Fund include, but are not limited to, issuing press releases and posting on social media.
(Source: P.A. 101-588, eff. 1-1-20.)
(410 ILCS 406/1)Sec. 1. Short title. This Act may be cited as the Alzheimer's Disease and Related Dementias Services Act.
(Source: P.A. 99-822, eff. 8-15-16.) (410 ILCS 406/5)Sec. 5. Purpose. The General Assembly finds that oversight of Alzheimer's disease and related dementias services is in the best interests of individuals diagnosed with Alzheimer's disease or a dementia-related disease and their families and friends struggling to find appropriate services and care.  As such, it is the intent of the General Assembly that all Alzheimer's disease and related dementias services shall comply with rules adopted by the Department in compliance with this Act.  
(Source: P.A. 99-822, eff. 8-15-16.) (410 ILCS 406/10)Sec. 10. Definitions. In this Act:"Department" means the Department of Public Health."Director" means the Director of Public Health."Alzheimer's disease and related dementias services" means services offered to individuals diagnosed with Alzheimer's disease or a  dementia-related disease for the purpose of managing the individual's disease.
(Source: P.A. 99-822, eff. 8-15-16.) (410 ILCS 406/15)Sec. 15. Applicability.  Programs covered by this Act include, but are not limited to, health care facilities licensed or certified by the Assisted Living and Shared Housing Act; Nursing Home Care Act; Home Health, Home Services, and Home Nursing Agency Licensing Act; and Hospice Program Licensing Act. This Act does not apply to physicians licensed to practice medicine in all its branches.
(Source: P.A. 99-822, eff. 8-15-16; 100-957, eff. 8-19-18; 100-1074, eff. 1-1-19.) (410 ILCS 406/20)Sec. 20. Alzheimer's disease and related dementias services guidelines.(a) The Department shall no later than September 1, 2017 publish proposed rules to implement this Act.(b) The Department shall be granted authority to initiate discussions with all affected provider groups, advocate organizations, and other individuals and groups identified by the Director to be critical to the development of applicable rules upon this Act becoming law.

(Source: P.A. 99-822, eff. 8-15-16.) (410 ILCS 406/25)Sec. 25. Covered services, disclosures, prohibition, preemption.    Upon the adoption of rules implementing this Act:(1) Any and all Alzheimer's disease or related     dementias services shall comply with the Alzheimer's disease and related dementias services guidelines, except as provided in subsection (d).(2) Materials defining the philosophy of the     services, specific services offered, and behavior management tactics and drug therapies employed shall be provided upon admission or enrollment, or earlier upon request, including a disclaimer that the services are not certified under the Alzheimer's Disease and Related Dementias Special Care Disclosure Act.(3) Advertising or verbally offering to provide     Alzheimer's disease and related dementias services that are not in compliance with the requirements set forth in this Act is prohibited.(4) If a  conflict occurs between this Act and  the     Assisted Living and Shared Housing Act, the Nursing Home Care Act, or the Alzheimer's Disease and Related Dementias Special Care Disclosure Act, then the Assisted Living and Shared Housing Act, the Nursing Home Care Act, or the Alzheimer's Disease and Related Dementias Special Care Disclosure Act shall prevail.(Source: P.A. 99-822, eff. 8-15-16.) (410 ILCS 406/30)Sec. 30. Staff training.(a) (Blank).(b) Staff with direct access to clients with Alzheimer's disease or a related dementia hired after the adoption of rules implementing this Act shall complete a minimum of 6 hours of initial training in the first 60 days of employment using    an Alzheimer's disease and related dementias services curriculum compiled by the Department, except as provided in subsection (c).(c) Subsection (b) shall not apply to the following:(1) staff who received at least 6 hours of comparable     training in compliance with licensure or certified training requirements; and(2) staff temporarily hired or temporarily detailed     by a facility licensed under the Nursing Home Care Act to permit the facility to meet statutory staffing requirements.(d) An Alzheimer's disease and related dementias services curriculum compiled by the Department and published on the Department's website must include at a minimum the following topics:  understanding dementia, effectively communicating with individuals with dementia, assisting individuals with dementia in performing activities of daily living, problem solving with individuals with dementia who exhibit challenging behavior, fundamentals of dementia care, safe environments, and managing the activities of individuals with dementia.(e) (Blank).(f) Upon the adoption of rules implementing this Act, staff with direct access to clients with dementia shall receive 3 hours of advanced training on caring for individuals with Alzheimer's disease and related dementias each year.(g)  Upon the adoption of rules implementing this Act, Alzheimer's disease and related dementias services program employers shall maintain training records and make them available to the Department on request.

(Source: P.A. 99-822, eff. 8-15-16; 100-1074, eff. 1-1-19.) (410 ILCS 406/35)Sec. 35. Supervisor of services. Upon the adoption of rules implementing this Act, in addition to the training required under Section 30 of this Act, a manager, supervisor, or person with the chief responsibility of oversight of Alzheimer's disease and related dementias services within an entity shall complete an Alzheimer's disease and related dementias services curriculum from a list compiled by the Department or have 5 years of experience as a director of an Alzheimer's disease and  related dementias services program.
(Source: P.A. 99-822, eff. 8-15-16; 100-1074, eff. 1-1-19.) (410 ILCS 406/40)Sec. 40. Penalties.(a) Any entity licensed, certified, or regulated by the State that knowingly holds itself out as a provider of Alzheimer's disease and related dementias services and fails to comply with this Act is deemed to have violated the statute or statutes governing the  licensure, certification, or regulation of the entity and any contract or agreement the entity has with the State.(b) Any entity not operated by the federal government or any agency thereof or individual not covered by subsection (a) that knowingly holds himself, herself, or itself out as a provider of Alzheimer's disease and related dementias services and fails to comply with this Act is guilty of a business offense punishable by a fine of at least $1,001.
(Source: P.A. 99-822, eff. 8-15-16.) (410 ILCS 406/45)Sec. 45. Assessment. Twenty-four months after the adoption of rules implementing this Act, the Department shall convene a work group made up of experts in Alzheimer's disease and related dementias services programming, providers, families and caregivers, and other interested parties to assess the understanding of and compliance with the Act and rules. The work group shall provide the Director and General Assembly with recommendations related to this Act and rules. Once the recommendations are submitted, the work group shall be disbanded.  
(Source: P.A. 99-822, eff. 8-15-16.) (410 ILCS 406/90)Sec. 90. (Repealed).
	 
	 (Source: P.A. 99-822, eff. 8-15-16. Repealed by P.A. 102-747, eff. 5-6-22.) (410 ILCS 406/99)Sec. 99. Effective date. This Act takes effect upon becoming law. 
(Source: P.A. 99-822, eff. 8-15-16.)
(410 ILCS 410/1) (from Ch. 111 1/2, par. 6901)Sec. 1. Short title. This Act shall be known and may be cited as the Alzheimer's Disease Research, Care, and Support Fund Act.
(Source: P.A. 101-588, eff. 1-1-20.) (410 ILCS 410/2) (from Ch. 111 1/2, par. 6902)Sec. 2. Contributions on tax returns.  Each individual taxpayer required to file a return pursuant to the
Illinois Income Tax Act desiring to contribute to the Alzheimer's Disease Research, Care, and Support
Fund may do so by stating the amount of such contribution (not less than
$1) on such return.  This Section shall not apply to an amended return.
(Source: P.A. 101-588, eff. 1-1-20.) (410 ILCS 410/3) (from Ch. 111 1/2, par. 6903)Sec. 3. Alzheimer's Disease Research, Care, and Support Fund.(a) There is created the Alzheimer's Disease Research, Care, and Support Fund, a
special fund in the State Treasury.(b) The Department of Public Health shall deposit any donations
received for the program created pursuant to this Act in the
Alzheimer's Disease Research, Care, and Support Fund.(c) The General Assembly may appropriate moneys in the Alzheimer's
Disease Research, Care, and Support Fund to the Department of Public Health for the purpose of complying with the requirements under Section 3.2 of this Act.
(Source: P.A. 101-588, eff. 1-1-20; 101-609, eff. 1-1-20.) (410 ILCS 410/3.1)Sec. 3.1. Dementia Coordinator.(a) The full-time position of Dementia Coordinator is created within the Department of Public Health. The Dementia Coordinator shall be funded out of the Alzheimer's Disease Research, Care, and Support Fund. The Dementia Coordinator is responsible only for activities associated with and relevant to the successful implementation of the State of Illinois Alzheimer's Disease State Plan, including, but not limited to:(1) coordinating quality dementia services in the     State to ensure dementia capability;(2) using dementia-related data to coordinate with     the Department to improve public health outcomes;(3) increasing awareness and creating     dementia-specific training;(4) providing access to quality coordinated care for     individuals with dementia in the most integrated setting available;(5) establishing and maintaining relationships with     other agencies and organizations within the State in order to meet the needs of the affected population and prevent duplication of services;(6) identifying and managing grants to assist in the     funding of the position of Dementia Coordinator and other programs and services to assist Illinois in becoming dementia-capable;(7) working with the Department's Behavioral Risk     Factor Surveillance System Coordinator and the Alzheimer's Disease Advisory Committee in identifying available funds to execute appropriate modules for critical data collection and research, if and when necessary; moneys appropriated to the Alzheimer's Disease Research, Care, and Support Fund may be considered;(8) building and maintaining effective working     relationships with other departments and organizations to ensure coordination between and the support of dementia services;(9) maintaining and applying knowledge of current     developments and trends in the assigned area of expertise by reading appropriate journals, books, and other professional literature, and attending related conferences, seminars, and trainings;(10) providing support for the Alzheimer's Disease     Advisory Committee's activities, including co-drafting the State plan; and(11) compiling and publishing an annual report on the     state of dementia care in Illinois, including, but not limited to, the status of Illinois in becoming a dementia-capable state. (Source: P.A. 101-588, eff. 1-1-20.) (410 ILCS 410/3.2)Sec. 3.2. Use of moneys in the Fund. Moneys in the Alzheimer's Disease Research, Care, and Support Fund shall be used by the Department of Public Health to cover costs associated with this Act, including, but not limited to, the following:(1)  salary and benefits for the full-time position     of Dementia Coordinator within the Department;(2)  other expenses contingent with the     responsibilities of the Dementia Coordinator, including, but not limited to, travel and professional development opportunities;(3) if funding is available after supporting     activities under paragraphs (1) and (2), executing appropriate modules of the Behavioral Risk Factor Surveillance System and otherwise administering relevant data collection; and(4) if funding is available after supporting     activities under paragraphs (1), (2), and (3), implementing recommendations outlined in the Alzheimer's Disease State Plan. (Source: P.A. 101-588, eff. 1-1-20; 101-609, eff. 1-1-20.) (410 ILCS 410/3.3)Sec. 3.3. Administrative support. The Department of Public Health shall be responsible for providing the Dementia Coordinator with work space, supplies, and other administrative office materials, as needed, through existing resources and not with moneys from the Alzheimer's Disease Research, Care, and Support Fund.
(Source: P.A. 101-588, eff. 1-1-20.) (410 ILCS 410/4) (from Ch. 111 1/2, par. 6904)Sec. 4. 
		(Repealed).
		
		(Source: P.A. 84-324. Repealed by P.A. 101-588, eff. 1-1-20.)
(410 ILCS 413/1)Sec. 1. Short title. This Act may be cited as the Epilepsy Disease Assistance Act.
(Source: P.A. 94-73, eff. 6-23-05.) (410 ILCS 413/5)Sec. 5. Policy declaration. The General Assembly
 finds that epilepsy is a devastating  health  condition  that
 afflicts  2,300,000  United States citizens,  over 125,000 of
 whom reside in Illinois.  The  General  Assembly  also  finds
that  epilepsy  afflicts  its  victims  at  all  ages, but is
particularly devastating to children and the elderly.  It  is
the  opinion  of the General Assembly that epilepsy can cause
serious financial, social, and  emotional  hardships  on  the
victims  and  their families of such a major consequence that
    it is essential  for  the  State  to  develop  and  implement
policies,  plans,  and programs to alleviate these
hardships.It  is  the  intent  of  the  General  Assembly   through
implementation  of  this  Act  to establish a program for the
conduct of epilepsy education, awareness, and treatment initiatives designed to address the service gaps and treatment needs of the people impacted by epilepsy.  Additionally, it is the intent of the
General  Assembly,  through  a comprehensive, statewide system of community-based services (Epilepsy Treatment and Education Program), to   provide for the
    identification,   evaluation,   diagnosis,   referral,    and
    treatment of victims of this disease.

(Source: P.A. 94-73, eff. 6-23-05.) (410 ILCS 413/10)Sec. 10. Duties of the Department.Subject to the availability of funds for these purposes, the Department of Public Health shall:(1) Assist in the development of programs for the     care and treatment of persons suffering from epilepsy.(2) Institute and carry on a statewide  educational     initiative among health care professionals, teachers, school administers, public health departments, and families, including the dissemination of information and the conducting of educational programs to assist in the early recognition and referral of persons for appropriate followup and treatment.(3) Develop standards for determining eligibility for     care and treatment under this program. Among other standards so developed under this paragraph, candidates, to be eligible, must be referred and evaluated by a program properly staffed and affiliated with a national epilepsy program.(4) Extend assistance to the  programs listed in item     (2) in order to facilitate linkages for persons with epilepsy through the following:(i) referral and evaluation for appropriate care         management and treatment; and(ii) diagnosis and treatment by epileptologists         and the Epilepsy Foundation.(Source: P.A. 94-73, eff. 6-23-05.) (410 ILCS 413/15)Sec. 15. Epilepsy Advisory Committee.   The Epilepsy Advisory Committee is created as a committee within the Department of Public Health. The Epilepsy Advisory Committee  shall consist of  the Director of Public Health,  or his or her designee, who
shall serve as
a non-voting member and who shall be the co-chair of the Committee, and 13
voting
members appointed by the Governor.The voting members shall include persons who are experienced in the delivery of diagnoses, treatment, and support services to victims of epilepsy and their families.  The voting
members shall
include 3 board-certified neurologists licensed to practice medicine in all of its branches, at least one of whom shall be a Director of a comprehensive epilepsy center; one representative of an educational institution
that
is affiliated with a medical center in the State; one
representative of a
licensed hospital; one nurse; one social worker; one representative of an
organization
established under the Illinois Insurance Code for the purpose of providing
health
insurance; one representative of each Illinois Epilepsy Foundation affiliate; and 2 people with epilepsy or members of their families.Each voting member shall serve for a term of
2 years and until his or her successor is appointed and qualified.  Members of
the
Committee shall not be compensated, but shall be reimbursed for expenses
actually
incurred in the performance of their duties from funds appropriated for that purpose.  No more than 9 voting members may be of
the same
political party.
Vacancies shall be filled in the same manner as original appointments.The Epilepsy Advisory Committee shall advise the Department of Public Health on their duties under this Act.
		
(Source: P.A. 94-73, eff. 6-23-05.) (410 ILCS 413/20)Sec. 20. Regional programs. The Epilepsy Committee shall recommend the establishment of regional epilepsy treatment and education programs designed to provide community services to people with  epilepsy and their families.
(Source: P.A. 94-73, eff. 6-23-05.) (410 ILCS 413/25)Sec. 25. Epilepsy Treatment and Education Grants-in-Aid Fund.  The Epilepsy Treatment and Education Grants-in-Aid Fund is created as a special fund in the State treasury. Using appropriations from the Fund, the Department of Public Health shall provide grants-in-aid (i) to fund necessary educational activities and (ii) for the development and maintenance of services for victims of epilepsy and their families, as managed through an epilepsy program properly staffed and affiliated with a national epilepsy program. The Department shall adopt rules governing the distribution and specific purpose of these grants.
(Source: P.A. 94-73, eff. 6-23-05.) (410 ILCS 413/30)Sec. 30. 
	(Amendatory provisions; text omitted).
	

(Source: P.A. 94-73, eff. 6-23-05; text omitted.) (410 ILCS 413/35)Sec. 35. 
	(Amendatory provisions; text omitted).
	

(Source: P.A. 94-73, eff. 6-23-05; text omitted.) (410 ILCS 413/99)Sec. 99. Effective date. This Act takes effect upon becoming law.
		
(Source: P.A. 94-73, eff. 6-23-05.)
(410 ILCS 415/1) (from Ch. 111 1/2, par. 6001)Sec. 1. 
		
		This Act shall be known and may be cited as the Experimental Cancer Treatment Act.
		(Source: P.A. 83-286.) (410 ILCS 415/2) (from Ch. 111 1/2, par. 6002)Sec. 2. 
		
		For the purposes of this Act, unless the context otherwise
requires, the terms used in this Act shall have the following meanings ascribed to them:(a) "Cancer" means all malignant neoplasms, regardless of the tissue of
origin, including malignant lymphoma and leukemia in human beings;(b) "Department" means the Illinois Department of Public Health;(d) "Person" means any individual, partnership, corporation or association.
		(Source: P.A. 83-286.) (410 ILCS 415/3) (from Ch. 111 1/2, par. 6003)Sec. 3. 
		
		The Department shall establish by rule a procedure for the
dissemination of information concerning cancer treatment and may act as
a clearinghouse for cancer treatment related materials.  The Department
may make referrals to appropriate agencies or entities for services relating
to cancer treatment.
		(Source: P.A. 83-286.) (410 ILCS 415/4) (from Ch. 111 1/2, par. 6004)Sec. 4. 
		
		(a) No person shall undertake to treat cancer unless such person
is licensed under the Medical Practice Act of 1987 to practice medicine
in all of its branches or is licensed under The Dental Practice Act to
practice dentistry or is licensed under the Podiatric Medical Practice
Act of 1987 to
practice podiatric medicine.However, the treating of a condition or disease before it is diagnosed
as cancer does not constitute a violation of subsection (a) of this Section
unless the practitioner knew or had strong reason to suspect that the condition
or disease was cancer.(b) Any person who violates subsection (a) of this Section shall be guilty
of a Class 4 felony.(c) The Attorney General or State's Attorney of the county where a violation
of this Act has occurred shall have power to prosecute any violation of
this Act and shall have power to maintain an action in the name of the people
of the State of Illinois in the circuit court of such county for an injunction
to enjoin any person from engaging in any practice which violates this Act.(d) Nothing in this Act shall apply to any person who, as an exercise
of religious freedom, treats the sick or suffering by spiritual means through
prayer alone, nor to any person, who, because of his or her religious beliefs,
in good faith selects and depends upon spiritual means through prayer for
treatment or cure of disease.
		(Source: P.A. 85-1440.) (410 ILCS 415/5) (from Ch. 111 1/2, par. 6005)Sec. 5. 
		
		Nothing in this Act shall be construed to relieve any person
from any requirement prescribed by or under authority of law with respect
to cancer treatments now included or which may hereafter be included within
the classifications of cancer treatments as defined in the applicable federal
and State laws relating to cancer treatments.
		(Source: P.A. 83-286.)
(410 ILCS 416/1)Sec. 1. Short title. This Act may be cited as the Cancer Clinical Trial Participation Program Act.
(Source: P.A. 101-619, eff. 12-20-19.) (410 ILCS 416/5)Sec. 5. Findings. The General Assembly finds that:(1) The ability to translate medical findings from     research to practice relies largely on robust subject participation and a diverse subject participation pool in clinical trials.(2) Diverse subject participation in cancer clinical     trials depends significantly on whether an individual is able to afford ancillary costs, including transportation and lodging, during the course of participation in a cancer clinical trial.(3) A national study conducted in 2015 found that     individuals from households with an annual income of less than $50,000 were 30% less likely to participate in cancer clinical trials.(4) Direct and indirect costs, including     transportation, lodging, and child-care expenses, prevent eligible individuals from participating in cancer clinical trials according to the National Cancer Institute.(5) The disparities in subject participation in     cancer clinical trials threaten the basic ethical underpinning of clinical research, which requires the benefits of the research to be made available equitably among all eligible individuals.(6) While the United States Food and Drug     Administration recently confirmed to Congress and provided guidance on its website that reimbursement of direct subject-incurred expenses is not an undue inducement, many organizations, research sponsors, philanthropic individuals, charitable organizations, governmental entities, and other persons still operate under the misconception that such reimbursement is an undue inducement.(7) It is the intent of the General Assembly to enact     legislation to further define and establish a clear difference between items considered to be an undue inducement for a subject to participate in a cancer clinical trial and the reimbursement of expenses for participating in a cancer clinical trial.(8) Further clarification of the United States Food     and Drug Administration's confirmation and guidance is appropriate and important to improve subject participation in cancer clinical trials, which is the primary intent of this legislation.(Source: P.A. 101-619, eff. 12-20-19.) (410 ILCS 416/10)Sec. 10. Definitions. In this Act:"Cancer clinical trial" means a research study that subjects an individual to a new cancer treatment, including a medication, chemotherapy, adult stem cell therapy, or other treatment."Cancer clinical trial sponsor" means a person, physician, professor, or researcher who initiates a cancer clinical trial; a government entity or agency that initiates a cancer clinical trial; or an industry, including, but not limited to, a pharmaceutical, biotechnology, or medical device company, that initiates a cancer clinical trial."Independent third-party organization" means an entity or organization, whether public or private, that is not a sponsor or host of a cancer clinical trial, or in any way directly affiliated with a sponsor or host of a cancer clinical trial, and has experience in patient advocacy and direct patient reimbursement of cancer clinical trial participation costs."Inducement" means providing a person something of value, including money, as part of participation in a clinical trial."Program" means the cancer clinical trial participation program established under this Act."Subject" means an individual who participates in the program."Undue inducement" means the value of something received by a potential clinical trial research subject, which value is so large that it causes the research subject to take risks that are not in his or her best interests.
(Source: P.A. 101-619, eff. 12-20-19.) (410 ILCS 416/15)Sec. 15. Establishment. An independent third-party organization may develop and implement the cancer clinical trial participation program to provide reimbursement to subjects for ancillary costs associated with participation in a cancer clinical trial, including costs for:(1)  travel;(2)  lodging;(3)  parking and tolls; and(4) other costs considered appropriate by the     organization.(Source: P.A. 101-619, eff. 12-20-19.) (410 ILCS 416/20)Sec. 20. Requirements; notice.(a)  The program:(1)  must collaborate with physicians, health care     providers, and cancer clinical trial sponsors to notify a prospective subject about the program when:(A)  the prospective subject consents to a cancer         clinical trial; or(B)  funding is available to provide the program         for the cancer clinical trial in which the prospective subject participates;(2)  must reimburse subjects based on financial need,     which may include reimbursement to subjects whose income is at or below 700% of the federal poverty level;(3)  must provide reimbursement for ancillary costs,     including costs described under Section 15, to eliminate the financial barriers to enrollment in a cancer clinical trial;(4)  may provide reimbursement for reasonable     ancillary costs, including costs described under Section 15, to one family member, friend, or other person who attends a cancer clinical trial to support a subject; and(5)  must comply with applicable federal and State     laws.(b) The independent third-party organization administering the program shall provide written notice to prospective subjects of the requirements described under subsection (a).
(Source: P.A. 101-619, eff. 12-20-19.) (410 ILCS 416/25)Sec. 25. Reimbursement requirements; notice.(a)  A reimbursement under the program at a trial site that conducts cancer clinical trials must:(1)  be reviewed and approved by the institutional     review board associated with the cancer clinical trial for which the reimbursement is provided; and(2)  comply with applicable federal and State laws.(b)  The independent third-party organization operating the program is not required to obtain approval from an institutional review board on the financial eligibility of a subject who is medically eligible for a cancer clinical trial.(c)  The independent third-party organization operating the program shall provide written notice to a subject on:(1)  the nature and availability of the ancillary     financial support under the program; and(2)  the program's general guidelines on financial     eligibility.(Source: P.A. 101-619, eff. 12-20-19.) (410 ILCS 416/30)Sec. 30. Reimbursement status as undue inducement. Reimbursement to a subject of ancillary costs under the program:(1)  does not constitute an undue inducement to     participate in a cancer clinical trial;(2)  is not considered coercion or the exertion of     undue influence to participate in a cancer clinical trial; and(3)  is meant to accomplish parity in access to     cancer clinical trials and remove barriers to participation in cancer clinical trials for financially burdened subjects. (Source: P.A. 101-619, eff. 12-20-19.) (410 ILCS 416/35)Sec. 35. Funding.  The independent third-party organization that administers the program may accept gifts, grants, and donations from any public or private source to implement this Act.
(Source: P.A. 101-619, eff. 12-20-19.) (410 ILCS 416/99)Sec. 99. Effective date. This Act takes effect upon becoming law. 
(Source: P.A. 101-619, eff. 12-20-19.)
(410 ILCS 417/1)Sec. 1. Short title. This Act may be cited as the Reducing Cervical Cancer and Saving Lives Act.
(Source: P.A. 102-1018, eff. 1-1-23.) (410 ILCS 417/5)Sec. 5. Applicability. This Act applies to a hospital, outpatient department, clinic, mobile unit, or other entity that provides cervical cancer screening services in the State of Illinois.
(Source: P.A. 102-1018, eff. 1-1-23.) (410 ILCS 417/10)Sec. 10. Definitions. As used in this Act:"Cervical cancer screening service" means an examination and laboratory test for the screening and detection of cervical cancer, including conventional Pap smear screening, liquid-based cytology, or human papillomavirus (HPV) detection methods."Department" means the Department of Public Health.
(Source: P.A. 102-1018, eff. 1-1-23.) (410 ILCS 417/15)Sec. 15. Cervical cancer screening services; written report.(a) A hospital, outpatient department, clinic, mobile unit, or other entity that provides a cervical cancer screening service shall prepare a written report of the results of any cervical cancer screening service provided to a patient.     The written report shall be provided to the patient's referring health care professional. If a patient's referring health care professional is not available or if there is no such referring health care professional, only the summary of the written report under subsection (b) is required.(b) A summary of the written report of the results of any cervical cancer screening service shall be sent directly to the patient in terms easily understood by a lay person.  The summary of the written report may be provided electronically if the patient has consented to receive electronic communications.  The summary of the written report shall advise the patient to consult with the patient's health care professional to discuss the results of the cervical cancer screening.(c) The Department, in collaboration with experts in cervical cancer and cervical cancer screening, shall develop suggested cervical cancer screening reporting language, in terms easily understood by a lay person, to be sent to patients with the summary of the written report required under subsection (b).(d)  This Section does not create a duty of care or other legal obligation beyond the duty to provide a written report as set forth in this Section.(e) This Section is operative beginning 6 months after the Department makes the suggested cervical cancer screening reporting language required under subsection (c) publicly
     available, including by posting the suggested cervical cancer screening reporting language on the Department's website.

(Source: P.A. 102-1018, eff. 1-1-23.) (410 ILCS 417/20)(Section scheduled to be repealed on June 30, 2027)Sec. 20. Human papillomavirus (HPV) vaccine services pilot program.(a) The Department shall establish a pilot program to provide for the administration of human papillomavirus (HPV) vaccines to persons enrolled in the Department's Illinois Breast and Cervical Cancer Program who are:(1) 26 years of age or younger, have not received the     full HPV vaccine series, and would like to receive the vaccine series; or(2) 26 years of age or older, have not completed the     HPV vaccine series, and whose clinicians recommend the HPV vaccine series.(b) The pilot program shall be implemented no later than July 1, 2024.(c) Any lead agency of the Illinois Breast and Cervical Cancer Program may participate in the pilot program.(d) This Section is repealed on June 30, 2027.

(Source: P.A. 102-1018, eff. 1-1-23.) (410 ILCS 417/50)Sec. 50. (Amendatory provisions; text omitted).
(Source: P.A. 102-1018, eff. 1-1-23; text omitted.)
(410 ILCS 420/0.01) (from Ch. 111 1/2, par. 2900)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Hemophilia Care Act.
		(Source: P.A. 86-1324.) (410 ILCS 420/1) (from Ch. 111 1/2, par. 2901)Sec. 1. Definitions. As used in this Act, unless the context clearly
requires otherwise:(1) "Department" means the Department of Healthcare and Family Services.(1.5) "Director" means the Director of Healthcare and Family Services and the Director of Insurance.(2) (Blank).(3) "Hemophilia" means a bleeding tendency resulting from a genetically
determined deficiency in the blood.(4) (Blank).(5) "Eligible person" means any resident of the State suffering from
hemophilia.(6) "Family" means:(a) In the case of a patient who is a dependent of     another person or couple as defined by the Illinois Income Tax Act, all those persons for whom exemption is claimed in the State income tax return of the person or couple whose dependent the eligible person is, and(b) In all other cases, all those persons for whom     exemption is claimed in the State income tax return of the eligible person, or of the eligible person and his spouse.(7) "Eligible cost of hemophilia services" means the cost of blood
transfusions,
blood derivatives, and for outpatient services, of physician charges, medical
supplies, and appliances, used in the treatment of eligible persons for
hemophilia, plus one half of the cost of hospital inpatient care, minus
any amount of such cost which is eligible for payment or reimbursement by
any hospital or medical insurance program, by any other government medical
or financial assistance program, or by any charitable assistance
program.(8) "Gross income" means the base income for State income tax purposes
of all members of the family.(9) "Available family income" means the lesser of:(a) Gross income minus the sum of (1) $5,500, and (2)     $3,500 times the number of persons in the family, or(b) One half of gross income.(10) (Blank).
(Source: P.A. 98-104, eff. 7-22-13.) (410 ILCS 420/1.5)Sec. 1.5. Findings. The General Assembly finds all of the following:(1) Inherited hemophilia and other bleeding disorders     are devastating health conditions that can cause serious financial, social, and emotional hardships for patients and their families.  Hemophilia, which occurs predominantly in males, is a rare but well-known type of inherited bleeding disorder in which one of several proteins normally found in blood are either deficient or inactive, and causing pain, swelling, and permanent damage to joints and muscles.  The disorder affects Americans of all racial and ethnic backgrounds. In about one-third of all cases, there is no known family history of the disorder.  In these cases, the disease developed after a new or spontaneous gene mutation.(2) Hemophilia is one of a spectrum of devastating     chronic bleeding disorders impacting Americans.  Von Willebrand Disease, another type of bleeding disorder, is caused by a deficiency on the von Willebrand protein.  Persons with the disorder often bruise easily, have frequent nosebleeds, or bleed after tooth extraction, tonsillectomy, or other surgery.  In some instances, women will have prolonged menstrual bleeding. The disorder occurs in about 1% to 2% of the U.S. population.(3) Appropriate care and treatment are necessities     for maintaining optimum health for persons afflicted with hemophilia and other bleeding disorders.(4) While hemophilia and other bleeding disorders are     incurable, advancements in drug therapies are allowing individuals greater latitude in managing their conditions, fostering independence, and minimizing chronic complications such as damage to the joints and muscles, blood-transmitted infectious diseases, and chronic liver diseases.  At the same time, treatment for clotting disorders is saving more and more lives.  The rarity of these disorders coupled with the delicate processes for producing factors, however, makes treating these disorders extremely costly.  As a result, insurance coverage is a major concern for patients and their families.(5) It is thus the intent of the General Assembly to     coordinate State support for individuals with hemophilia and other bleeding disorders with the health insurance protections made available to all Americans under the Patient Protection and Affordable Care Act.(Source: P.A. 98-104, eff. 7-22-13.) (410 ILCS 420/2) (from Ch. 111 1/2, par. 2902)Sec. 2. 
		
		The Department shall establish a program for the care and treatment
of eligible persons by promoting the development of appropriate resources
for their care and treatment and by providing financial assistance in accordance
with the further provisions of this Act to eligible persons otherwise unable
to pay for appropriate care and treatment.
		(Source: P.A. 80-859.) (410 ILCS 420/2.5)Sec. 2.5. (Repealed).
	 
	 (Source: P.A. 96-790, eff. 9-25-09. Repealed by P.A. 98-104, eff. 7-22-13.) (410 ILCS 420/3) (from Ch. 111 1/2, par. 2903)Sec. 3. The powers and duties of the Department shall include the following:(1) Develop standards for determining eligibility for     care and treatment under this program.  Among other standards developed under this Section, persons suffering from hemophilia must be evaluated in a center properly staffed and equipped for such evaluation, but not operated by the Department.(2) (Blank).(3) Extend financial assistance to eligible persons     in order that they may obtain blood and blood derivatives for use in hospitals, in medical and dental facilities, or at home.  The Department shall extend financial assistance in each fiscal year to each family containing one or more eligible persons in the amount of (a) the family's eligible cost of hemophilia services for that fiscal year, minus (b) one fifth of its available family income for its next preceding taxable year.  The Director may extend financial assistance in the case of unusual hardships, according to specific procedures and conditions adopted for this purpose in the rules and regulations promulgated by the Department to implement and administer this Act.(4) (Blank).(5) Promulgate rules and regulations for the     implementation and administration of this Act.Effective January 1, 2014, coverage under this Act  shall be coordinated with the requirements of the Patient Protection and
Affordable Care Act and eligibility under this Act shall be available only to individuals who have met their obligations  under the Patient Protection and
Affordable Care Act to obtain health insurance.  For purposes of this Act, payment of a tax penalty for failing to obtain insurance is not considered fulfilling the obligation to obtain health insurance under the Patient Protection and
Affordable Care Act.  Coverage of blood and blood derivatives for use in hospitals, in medical and dental facilities, or at home shall be coordinated with the individual's health insurance plan.The Department of Healthcare and Family Services, the Department of Human Services, and the Illinois health insurance marketplace shall work cooperatively to assist persons enrolled for services under this Act to obtain health insurance coverage prior to January 1, 2014.On and after July 1, 2012, the Department shall reduce any rate of reimbursement for services or other payments or alter any methodologies authorized by this Act or the Illinois Public Aid Code to reduce any rate of reimbursement for services or other payments in accordance with Section 5-5e of the Illinois Public Aid Code. (Source: P.A. 97-689, eff. 6-14-12; 98-104, eff. 7-22-13.) (410 ILCS 420/3.5)Sec. 3.5. 
		(Repealed). 
		(Source: P.A. 90-587, eff. 7-1-98. Repealed by P.A. 92-790, eff. 8-6-02.) (410 ILCS 420/4)Sec. 4. (Repealed).
	 
	 (Source: P.A. 90-587, eff. 7-1-98. Repealed by P.A. 95-12, eff. 7-2-07.) (410 ILCS 420/5) (from Ch. 111 1/2, par. 2905)Sec. 5. 
		
		The Illinois Administrative Procedure Act is hereby expressly
adopted and incorporated herein as if all of the provisions of such Act
were included in this Act, except that in case of conflict between the Illinois
Administrative Procedure Act and this Act, the provisions of this Act shall control.
		(Source: P.A. 80-859.)
(410 ILCS 43/1)Sec. 1. Short title. This Act may be cited as the Comprehensive Lead Education, Reduction, and Window Replacement Program Act.
(Source: P.A. 95-492, eff. 1-1-08.) (410 ILCS 43/5)Sec. 5. Findings; intent; establishment of program.(a) The General Assembly finds all of the following:(1) Lead-based paint poisoning is a potentially     devastating, but preventable disease.  It is one of the top environmental threats to children's health in the United States.(2) The number of lead-poisoned children in Illinois     is among the highest in the nation, especially in older, more affordable properties.(3) Lead poisoning causes irreversible damage to the     development of a child's nervous system. Even at low and moderate levels, lead poisoning causes learning disabilities, problems with speech, shortened attention span, hyperactivity, and behavioral problems. Recent research links low levels of lead exposure to lower IQ scores and to juvenile delinquency.(4) Older housing is the number one risk factor for     childhood lead poisoning. Properties built before 1950 are statistically much more likely to contain lead-based paint hazards than buildings constructed more recently.(5) While the use of lead-based paint in residential     properties was banned in 1978, the State of Illinois ranks seventh nationally in the number of housing units built before 1978 and has the highest risk for lead hazards.(6) There are nearly 1.4 million households with     lead-based paint hazards in Illinois.(7) Most children are lead poisoned in their own     homes through exposure to lead dust from deteriorated lead paint surfaces, like windows, and when lead paint deteriorates or is disturbed through home renovation and repainting.(8) Children at the highest risk for lead poisoning     live in low-income communities and in older housing throughout the State of Illinois.(9) The control of lead hazards significantly reduces     lead-poisoning rates.(10) Windows are considered a higher lead exposure     risk more often than other components in a housing unit. Windows are a major contributor of lead dust in the home, due to both weathering conditions and friction effects on paint.(11) The Comprehensive Lead Education, Reduction, and     Window Replacement (CLEAR-WIN) Program was established under Public Act 95-492 as a pilot program to reduce potential lead hazards by replacing windows in low-income, pre-1978 homes. It also provided for on-the-job training for community members in 2 pilot communities in Chicago and Peoria County.(12) The CLEAR-WIN Program provided for installation     of 8,000 windows in 466 housing units between 2010 and 2014. Evaluations of the pilot program determined window replacement was effective in lowering lead hazards and produced energy, environmental, health, and market benefits. Return on investment was almost $2 for every dollar spent.(13) There is an insufficient pool of licensed lead     abatement workers and contractors to address the problem in some areas of the State.(14) Through grants from the U.S. Department of     Housing and Urban Development and State dollars, some communities in Illinois have begun to reduce lead poisoning of children. While this is an ongoing effort, it only addresses a small number of the low-income children statewide in communities with high levels of lead paint in the housing stock.(b) It is the intent of the General Assembly to:(1) address the problem of lead poisoning of children     by eliminating lead hazards in homes;(2) provide training within communities to encourage     the use of lead paint safe work practices;(3) create job opportunities for community members in     the lead abatement industry;(4) support the efforts of small business and     property owners committed to maintaining lead-safe housing; and(5) assist in the maintenance of affordable lead-safe     housing stock.(c) The General Assembly hereby establishes the Comprehensive Lead Education, Reduction, and Window Replacement Program to assist residential property owners through a Lead Direct Assistance Program to reduce lead hazards in
residential properties.(d) The Department of Public Health is authorized to:(1) adopt rules necessary to implement this Act;(2) adopt by reference the Illinois Administrative     Procedure Act for administration of this Act;(3) assess administrative fines and penalties, as     established by the Department by rule, for persons violating rules adopted by the Department under this Act;(4) make referrals for prosecution to the Attorney     General or the State's Attorney for the county in which a violation occurs, for a violation of this Act or the rules adopted under this Act; and(5) establish agreements under the Intergovernmental     Cooperation Act with the Department of Commerce and Economic Opportunity, the Illinois Housing Development Authority, or any other public agency as required, to implement this Act. (Source: P.A. 100-461, eff. 8-25-17; 101-81, eff. 7-12-19.) (410 ILCS 43/10)Sec. 10. Definitions. In this Act:"Advisory Council" refers to the Lead Safe Housing Advisory Council established under Public Act 93-0789."Child care facility" means any structure used by a child care
provider licensed by the Department of Children and Family Services or
a public or private school structure frequented by children 6 years of age
or younger."Child-occupied property" means a property where a child under 6 years of
age is on the property an average of at least 6 hours per week."CLEAR-WIN Program" refers to the Comprehensive Lead Education, Reduction, and Window Replacement Program created pursuant to this Act to assist property owners of single-family homes and multi-unit residential properties in the State through the Direct Assistance Program, which reduces lead paint and leaded plumbing hazards and, where necessary, through other lead hazard control techniques."Department" means the Department of Public Health."Director" means the Director of Public Health."Lead hazard" means a lead-bearing substance that poses an
immediate health hazard to humans."Lead Safe Housing Maintenance Standards" refers to the standards developed by the Lead Safe Housing Department in conjunction with the Advisory Council."Leaded plumbing" means that portion of a building's potable water
plumbing that is suspected or known to contain lead or lead-containing
material as indicated by lead in potable water samples."Low-income" means a household at or below 80% of the median income level for a given county as determined annually by the U.S. Department of Housing and Urban Development."Person" means an individual, corporation, partnership, firm,
organization, or association, acting individually or as a group."Plumbing" has the meaning ascribed to that term in the Illinois Plumbing Licensing Law."Recipient" means a person receiving direct assistance under this Act."Residential property" means a single-family residence or
renter-occupied property with up to 8 units.
(Source: P.A. 100-461, eff. 8-25-17.) (410 ILCS 43/15)Sec. 15. (Repealed).
	 
	 (Source: P.A. 96-959, eff. 7-1-10. Repealed by P.A. 100-461, eff. 8-25-17.) (410 ILCS 43/16)Sec. 16. Lead Direct Assistance
Program.(a) Subject to appropriation, the Department, in consultation with the Advisory Council, shall establish and operate the Lead
Direct Assistance Program throughout the State. The purpose of the Lead
Direct Assistance Program is to employ primary prevention strategies to
prevent childhood lead poisoning.(b)  The Department shall administer the Lead Direct
Assistance Program to remediate lead-based paint hazards and leaded
plumbing hazards in residential properties.  Conditions for receiving direct assistance shall be developed by the Department of Public Health, in consultation with the Department of Commerce
and Economic Opportunity and the Illinois Housing Development
Authority. Criteria for receiving direct assistance shall include:(1) for owner-occupied properties: (i) the property     contains lead hazards; (ii) the property is a child-occupied property or the residence of a pregnant woman; and (iii) the owner is low-income; and(2) for rental properties: (i) the property contains     lead hazards and (ii) 50% or more of the renters in the residential property are low-income.Recipients of direct assistance under this program shall be provided a
copy of  the Department's Lead Safe Housing Maintenance Standards. Before receiving the direct assistance, the recipient  must certify that he or she has received the standards and intends to comply with them. If the property is a rental property, the recipient must also
certify that he or she will continue to rent to the same tenant or other low-income tenant for a period of not less than 5 years following completion of the work.  Failure to comply with the conditions of the Lead
Direct Assistance Program is a violation of this Act.(c) To
identify properties with lead hazards, the Department may prioritize
properties where at least one child has been found to have an elevated
blood lead level under the Lead Poisoning Prevention Act and the paint or potable water
has been tested and found to contain lead exceeding levels established
by rule.(d) All lead-based paint hazard control work performed under the Lead Direct
Assistance Program shall comply with the Lead Poisoning Prevention Act
and the Illinois Lead Poisoning Prevention Code. All plumbing work performed under the Lead
Direct Assistance Program shall comply with the Illinois Plumbing
Licensing Act and the Illinois Plumbing Code. Before persons are paid for work conducted under this Act, each subject property must be inspected by a lead risk assessor or lead inspector licensed in Illinois. Prior to payment, an appropriate number of dust samples must be collected from in and around the work areas for lead analysis, with results in compliance with levels set by the Lead Poisoning Prevention Act and the Illinois Lead Poisoning Prevention Code or in the case of
leaded plumbing work, be inspected by an Illinois-certified plumbing
inspector. All costs associated with these inspections, including
laboratory fees, shall be compensable to the person contracted to
provide direct assistance, as prescribed by rule. Additional repairs and clean-up costs associated with a failed clearance test, including follow-up tests, shall be the responsibility of the person
performing the work under the Lead Direct Assistance Program.(e) The Department shall issue Lead Safe Housing Maintenance Standards in accordance with this Act.  Except for properties where all lead-based paint, leaded plumbing, or other
identified lead hazards have been removed, the standards shall describe the responsibilities of property owners and tenants in maintaining lead-safe housing, including, but not limited to, prescribing special cleaning, repair, flushing, filtering, and maintenance necessary to minimize the risk that subject properties will cause lead poisoning in children.  Recipients of direct assistance shall be required to continue to maintain their properties in compliance with these Lead Safe Housing Maintenance Standards.  Failure to maintain properties in accordance with these standards is a violation and may subject the
recipient to fines and penalties prescribed by rule.(f) From funds appropriated, the Department may pay its own reasonable administrative costs and, by agreement, the
reasonable administrative costs of other public agencies.(g) Failure by a person performing work under the Lead
Direct Assistance Program to comply with rules or any contractual
agreement made thereunder may subject the person to administrative
action by the Department or other public agencies, in accordance with rules
adopted under this Act, including, but not limited to, civil penalties,
retainage of payment, and loss of eligibility to participate. Civil
actions, including for reimbursement, damages, and money penalties, and
criminal actions may be brought by the Attorney General or the State's
Attorney for the county in which the violation occurs. 
(Source: P.A. 100-461, eff. 8-25-17.) (410 ILCS 43/20)Sec. 20. Lead abatement training. The Advisory Council shall advise the Department whether a sufficient number of lead abatement training programs exist to serve the State. If the Department determines additional programs are needed, then the Department may
use funds appropriated under this Act to address the deficiencies.
(Source: P.A. 100-461, eff. 8-25-17.) (410 ILCS 43/25)Sec. 25. Insurance assistance. The Department, through agreements with other public agencies, may
allow for reimbursement of certain insurance costs associated with
persons performing work under the Lead Direct Assistance Program.

(Source: P.A. 100-461, eff. 8-25-17.) (410 ILCS 43/30)Sec. 30. Advisory Council. The Advisory Council shall assist the Department in developing an annual written report to the Governor and General Assembly on the operation and effectiveness of the CLEAR-WIN Program. The report must evaluate the program's effectiveness on reducing the prevalence of lead poisoning in children. The report also must: (i) contain information about training and
employment associated with persons providing direct assistance work,
(ii) describe the numbers of units in which lead hazards were remediated or leaded plumbing replaced, (iii) specify the type of work completed and the types of dwellings and demographics of persons assisted, (iv) summarize the cost of lead hazard control and CLEAR-WIN Program administration, (v) report on rent increases or decreases in the residential property affected by direct assistance work and rental property ownership changes, (vi) describe any other CLEAR-WIN actions taken by the Department, other public agencies, or the Advisory Council, and (vii) recommend any necessary legislation or rule-making to improve the effectiveness of this Program.
(Source: P.A. 100-461, eff. 8-25-17.)
(410 ILCS 430/0.01) (from Ch. 111 1/2, par. 22.30)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Renal Disease Treatment Act.
		(Source: P.A. 86-1324.) (410 ILCS 430/1) (from Ch. 111 1/2, par. 22.31)Sec. 1. The Department of Healthcare and Family Services shall
establish a program for the
care and treatment of persons suffering from chronic renal diseases. This
program shall assist persons suffering from chronic renal diseases who
require lifesaving care and treatment for such renal disease, but who are
unable to pay for such services on a continuing basis.
					(Source: P.A. 95-331, eff. 8-21-07.) (410 ILCS 430/2)Sec. 2. (Repealed).
	 
	 (Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 98-104, eff. 7-22-13.) (410 ILCS 430/3) (from Ch. 111 1/2, par. 22.33)Sec. 3. Duties of Departments of Healthcare and Family Services and Public Health.(A) The Department of Healthcare and Family Services shall:(a) Develop  standards for determining eligibility     for care and treatment under this program. Among other standards so developed under this paragraph, candidates, to be eligible for care and treatment, must be evaluated in a center properly staffed and equipped for such evaluation.(b) (Blank).(c) (Blank).(d) Extend financial assistance to persons suffering     from chronic renal diseases in obtaining:(1) Treatment in a dialysis facility;(2) Hospital treatment for dialysis and         transplant surgery;(3) Treatment in a limited care facility;(4) Home dialysis training; and(5) Home dialysis.(e) (Blank).(f) On and after July 1, 2012, the Department shall     reduce any rate of reimbursement for services or other payments or alter any methodologies authorized by this Act or the Illinois Public Aid Code to reduce any rate of reimbursement for services or other payments in accordance with Section 5-5e of the Illinois Public Aid Code.Effective January 1, 2014, coverage under this Act  shall be coordinated with the requirements of the Patient Protection and
Affordable Care Act and eligibility under this Act shall be available only to individuals who have met their obligations  under the Patient Protection and
Affordable Care Act to obtain health insurance. For purposes of this Act, payment of a tax penalty for failing to obtain insurance is not considered fulfilling the obligation to obtain health insurance under the Patient Protection and
Affordable Care Act.   Coverage of the services listed in paragraph (d) of this subsection shall be coordinated with the individual's health insurance plan.The Department of Healthcare and Family Services, the Department of Human Services, and the Illinois health insurance marketplace shall work cooperatively to assist persons enrolled for services under this Act to obtain health insurance coverage prior to January 1, 2014.(B) The Department of Public Health shall:(a) Assist in the development and expansion of     programs for the care and treatment of persons suffering from chronic renal diseases, including dialysis and other medical or surgical procedures and techniques that will have a lifesaving effect in the care and treatment of persons suffering from these diseases.(b) Assist in the development of programs for the     prevention of chronic renal diseases.(c) Institute and carry on an educational program     among physicians, hospitals, public health departments, and the public concerning chronic renal diseases, including the dissemination of information and the conducting of educational programs concerning the prevention of chronic renal diseases and the methods for the care and treatment of persons suffering from these diseases.(Source: P.A. 97-689, eff. 6-14-12; 98-104, eff. 7-22-13.) (410 ILCS 430/3.01) (from Ch. 111 1/2, par. 22.33.01)Sec. 3.01. The provisions of the Illinois Administrative Procedure
Act are hereby expressly adopted and shall apply to all administrative rules
and procedures of the Department of Healthcare and Family Services under
this Act, except that
Section 5-35 of the Illinois Administrative Procedure Act relating to
procedures for rule-making does not apply to the adoption of any rule
required
by federal law in connection with which the Department is precluded by law from
exercising any discretion.
					(Source: P.A. 95-331, eff. 8-21-07.)
(410 ILCS 440/0.09) (from Ch. 111 1/2, par. 22.09)Sec. 0.09. 
		Short title. 
		This Act may be cited as the
Rheumatic Fever and Heart Disease Medicine Act.
		(Source: P.A. 86-1324.) (410 ILCS 440/1) (from Ch. 111 1/2, par. 22.1)Sec. 1. 
		
		The Department of Public Health is authorized to acquire and
distribute prophylactic medicines for the prevention of rheumatic fever and
rheumatic heart disease for the use of registered medically indigent
rheumatic fever and rheumatic heart disease patients, certified by their
physicians as being in need of this medication.
		(Source: Laws 1957, p. 2273.) (410 ILCS 440/2) (from Ch. 111 1/2, par. 22.2)Sec. 2. 
		
		The Department of Public Health may adopt such rules and
regulations as may enable it to carry out the provisions of this Act.
The provisions of the Illinois Administrative Procedure Act are hereby
expressly adopted and shall apply to all administrative rules and procedures of
the Department under this Act, except that Section 5-35 of the Illinois
Administrative Procedure Act relating to procedures for rule-making does not
apply to the adoption of any rule required by federal law in connection with
which the Department is precluded by law from exercising any discretion.
		(Source: P.A. 88-45.)
(410 ILCS 445/1)(Section scheduled to be repealed on January 1, 2027)Sec. 1. Short title. This Act may be cited as the Rare Disease Commission Act.
(Source: P.A. 99-773, eff. 1-1-17.) (410 ILCS 445/5)(Section scheduled to be repealed on January 1, 2027)Sec. 5. Definitions. As used in this Act, unless the context requires otherwise:"Chairperson" means the Chairperson of the Rare Disease Commission."Commission" means the Rare Disease Commission."Rare disease" means a disease that affects less than 200,000 people in the United States."Relative" means a spouse, parent, parent-in-law, sibling, sibling-in-law, child, child-in-law, grandparent, aunt, or uncle."Vice-Chairperson" means the Vice-Chairperson of the Rare Disease Commission.


(Source: P.A. 99-773, eff. 1-1-17.) (410 ILCS 445/10)(Section scheduled to be repealed on January 1, 2027)Sec. 10. Commission created;  membership.(a) There is created the Rare Disease Commission to advise the State on issues pertaining to the care and treatment of individuals with rare diseases.(b) The Commission shall be composed of 15 members:(1) Eleven members shall be appointed by the Governor     from residents of the State whose position, knowledge, or experience enables them to reasonably represent the concerns, needs, and recommendations of those with rare diseases, including physicians or health care providers who treat patients with rare diseases. At a minimum, 5 members of the Commission shall be persons who either have a rare disease or are a family member of a person living with a rare disease. In making the appointments under this paragraph (1), the Governor shall consider nominations made by advocacy groups for rare diseases and community-based organizations.(2) One member of the Senate appointed by the     President of the Senate.(3) One member of the Senate  appointed by the     Minority Leader of the Senate.(4) One member of the House of Representatives     appointed by the Speaker of the House of Representatives.(5) One member of the House of Representatives     appointed by the Minority Leader of the House of Representatives.(c) The Chairperson of the Commission shall be elected from the Commission's membership by a simple majority vote of the total membership of the Commission. The Vice-Chairperson of the Commission shall be elected from the Commission's membership by a simple majority vote of the total membership of the Commission.(d) The Governor, President of the Senate, Minority Leader of the Senate, Speaker of the House of Representatives, and Minority Leader of the House of Representatives shall make their initial appointments to the Commission by February 1, 2017.(e) All members shall be appointed for terms of 3 years. No member shall serve more than 2 consecutive terms. A member shall serve until his or her successor is appointed and qualified.(f) Vacancies in Commission membership shall be filled in the same manner as initial appointments. Appointments to fill vacancies occurring before the expiration of a term shall be for the remainder of the unexpired term.(g) Total membership of the Commission consists of the number of members serving on the Commission not including any vacant positions. A quorum shall consist of a simple majority of total membership and shall be sufficient to conduct the transaction of business of the Commission, unless stipulated otherwise in the by-laws of the Commission.(h) The Commission shall meet at least quarterly.

(Source: P.A. 99-773, eff. 1-1-17.) (410 ILCS 445/15)(Section scheduled to be repealed on January 1, 2027)Sec. 15. Study; recommendations. The Commission shall make recommendations to the General Assembly, in the form of an annual report through 2026, regarding:(1) the use of prescription drugs and innovative     therapies for children and adults with rare diseases, and specific subpopulations of children or adults with rare diseases, as appropriate, together with recommendations on the ways in which this information should be used in specific State programs that (A) provide assistance or health care coverage to individuals with rare diseases or broader populations that include individuals with rare diseases, or (B) have responsibilities associated with promoting the quality of care for individuals with rare diseases or broader populations that include individuals with rare diseases;(2) legislation that could improve the care and     treatment of adults or children with rare diseases;(3) in coordination with the Genetic and Metabolic     Diseases Advisory Committee, the screening of newborn children for the presence of genetic disorders; and(4) any other issues the Commission considers     appropriate.The Commission shall submit its annual report to the General Assembly no later than December 31 of each year.
(Source: P.A. 101-606, eff. 12-13-19; 102-671, eff. 11-30-21.) (410 ILCS 445/20)(Section scheduled to be repealed on January 1, 2027)Sec. 20. Administrative support.  The Department of Public Health shall provide administrative and other support to the Commission.
(Source: P.A. 99-773, eff. 1-1-17.) (410 ILCS 445/90)(Section scheduled to be repealed on January 1, 2027)Sec. 90. Repeal. This Act is repealed on January 1, 2027.
(Source: P.A. 101-606, eff. 12-13-19; 102-671, eff. 11-30-21.) (410 ILCS 445/99)(Section scheduled to be repealed on January 1, 2027)Sec. 99. Effective date. This Act takes effect January 1, 2017. 
(Source: P.A. 99-773, eff. 1-1-17.)
(410 ILCS 45/1) (from Ch. 111 1/2, par. 1301)Sec. 1. 
		Short title. 
		This Act may be cited
as the Lead Poisoning Prevention Act.
		(Source: P.A. 87-175.) (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)Sec. 2. Definitions. As used in this Act:"Child care facility" means any structure used by a child care
provider licensed by the Department of Children and Family Services or
public or private school structure frequented by children 6 years of
age or younger."Childhood Lead Risk Questionnaire" means the questionnaire developed by the Department for use by physicians and other health care providers to determine risk factors for children 6 years of age or younger residing in areas designated as low risk for lead exposure."Delegate agency" means a unit of local government or health
department approved by the Department to carry out the provisions of this Act."Department" means the Department of Public Health."Director" means the Director of Public Health."Dwelling unit" means an individual unit within a residential building used as living quarters for one household."Elevated blood lead level" means a blood lead level in excess of the limits established under State rules."Exposed surface" means any interior or exterior surface of
a regulated facility."High risk area" means an area in the State determined by the Department to
be high risk for lead exposure for children 6 years of age or younger.  The
Department may consider, but is not limited to, the following factors to
determine a high risk area: age and condition (using Department of Housing and
Urban
Development definitions of "slum" and "blighted") of housing, proximity to
highway traffic or heavy local traffic or both, percentage of housing
determined as rental or vacant, proximity to industry using lead, established
incidence of elevated blood lead levels in children, percentage of population
living
below 200% of federal poverty guidelines, and number of children residing in
the area who are 6 years of age or younger."Lead abatement" means any approved work practices that will permanently eliminate lead exposure or remove the lead-bearing substances in a regulated facility. The Department shall establish by rule which work practices are approved or prohibited for lead abatement."Lead abatement contractor" means any person or entity licensed by the
Department to perform lead abatement and mitigation."Lead abatement supervisor" means any person employed by a lead abatement contractor and licensed by the Department to perform lead abatement and lead mitigation and to supervise lead workers who perform lead abatement and lead mitigation."Lead abatement worker" means any person employed by a lead abatement
contractor and licensed by the Department to perform lead abatement and
mitigation."Lead activities" means the conduct of any lead services, including, lead inspection, lead risk assessment, lead mitigation, or lead abatement work or supervision in a regulated facility."Lead-bearing substance" means any item containing or coated with lead such that the lead content is more than six-hundredths of one percent (0.06%) lead by total weight; or any dust on surfaces or in
furniture or other nonpermanent elements of the regulated facility; or any paint or
other surface coating material containing more than five-tenths of one
percent (0.5%) lead by total weight (calculated as lead metal) in the total
non-volatile content of liquid paint; or lead-bearing substances containing
greater than one milligram per square centimeter or any lower standard for
lead content in residential paint as may be established by federal law or rule; or more than 1 milligram per square centimeter in the dried
film of paint or previously applied substance; or item or dust on item containing lead in
excess of the amount specified in the rules authorized by
this Act or a lower standard for lead content as may be established by
federal law or rule. "Lead-bearing substance" does not include firearm ammunition or components as defined by the Firearm Owners Identification Card Act."Lead hazard" means a lead-bearing substance that poses an
immediate health hazard to humans."Lead hazard screen" means a lead risk assessment that involves limited dust and paint sampling for lead-bearing substances and lead hazards.  This service is used as a screening tool designed to determine if further lead investigative services are required for the regulated facility."Lead inspection" means a surface-by-surface investigation to determine the presence of lead-based paint."Lead inspector" means an individual who has been trained by a Department-approved training program and is licensed by the Department to conduct lead inspections; to sample for the presence of lead in paint, dust, soil, and water; and to conduct compliance investigations."Lead mitigation" means the remediation, in a
manner described in Section 9, of a lead hazard so that the
lead-bearing substance does not pose an immediate
health hazard to humans."Lead poisoning" means having an elevated blood lead level."Lead risk assessment" means an on-site investigation to determine the existence, nature, severity, and location of lead hazards.  "Lead risk assessment" includes any lead sampling and visual assessment associated with conducting a lead risk assessment and lead hazard screen and all lead sampling associated with compliance investigations."Lead risk assessor" means an individual who has been trained by a Department-approved training program and is licensed by the Department to conduct lead risk assessments, lead inspections, and lead hazard screens; to sample for the presence of lead in paint, dust, soil, water, and sources for lead-bearing substances; and to conduct compliance investigations."Lead training program provider" means any person providing Department-approved lead training in Illinois to individuals seeking licensure in accordance with the Act."Low risk area" means an area in the State determined by
the Department to be low risk for lead exposure for children 6 years of age or younger. The Department may consider the factors named in "high risk area" to determine low
risk areas."Owner" means any person, who alone, jointly, or severally with
others:(a) Has legal title to any regulated facility, with     or without actual possession of the regulated facility, or(b) Has charge, care, or control of the regulated     facility as owner or agent of the owner, or as executor, administrator, trustee, or guardian of the estate of the owner."Person" means any individual, partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, State agency, or any other legal entity, or their legal representative, agent, or assign."Regulated facility" means a residential building or child care facility."Residential building" means any room, group of rooms, or other
interior areas of a structure designed or used for human habitation; common
areas accessible by inhabitants; and the surrounding property or structures.

(Source: P.A. 100-723, eff. 1-1-19.) (410 ILCS 45/3) (from Ch. 111 1/2, par. 1303)Sec. 3. Lead-bearing substance use. No person shall use or apply lead-bearing
 substances:(a) in or upon any exposed surface of a regulated facility;(b) (blank);(c) in or upon any fixtures or other objects used, installed, or located
in or upon any exposed surface of a regulated facility, or intended
to be so used, installed, or located and that, in the ordinary course of
use, are accessible to or chewable by children;(d) in or upon any items, including, but not limited to, clothing, accessories, jewelry, decorative objects, edible items, candy, food, dietary supplements, toys, furniture, or other articles used by or intended to be

chewable by children;(e) within or upon a regulated facility, playground, park, or recreational
area, or other areas regularly frequented by children.
(Source: P.A. 98-690, eff. 1-1-15.) (410 ILCS 45/4) (from Ch. 111 1/2, par. 1304)Sec. 4. Sale of items containing lead-bearing substance. No person shall sell, have, offer for sale, or transfer toys,

furniture, clothing, accessories, jewelry, decorative objects, edible items, candy, food, dietary supplements, or other articles used by or intended to be chewable by children that contain a lead-bearing substance.
(Source: P.A. 98-690, eff. 1-1-15; 99-78, eff. 7-20-15.) (410 ILCS 45/5) (from Ch. 111 1/2, par. 1305)Sec. 5. Sale of objects containing lead-bearing substance. No person
shall sell or transfer or offer for sale or transfer any fixtures or other
objects intended to be used, installed, or located in or upon any surface
of a regulated facility that contain
 a lead-bearing substance and that, in the ordinary course of use,
are accessible to or chewable by children.
(Source: P.A. 98-690, eff. 1-1-15; 99-78, eff. 7-20-15.) (410 ILCS 45/6) (from Ch. 111 1/2, par. 1306)Sec. 6. Warning statement.(a) Definitions. As used in this Section:"Body piercing jewelry" means any part of jewelry that is
manufactured or sold for placement in a new piercing or a mucous
membrane, but does not include any part of that jewelry that is not
placed within a new piercing or a mucous membrane."Children's jewelry" means jewelry that is made for, marketed for use by, or marketed to children under the age of 12 and includes jewelry that meets any of the following conditions:(1) represented in its packaging, display, or     advertising as appropriate for use  by children under the age of 12;(2) sold in conjunction with, attached to, or     packaged together with other products that are packaged, displayed, or advertised as appropriate for use by children under the age of 12;(3) sized for children and not intended for use by     adults; or(4) sold in any of the following places:  a vending     machine; a retail store, catalogue, or online Web site in which a person exclusively offers for sale products that are packaged, displayed, or advertised as appropriate for use by children; or a discrete portion of a retail store, catalogue, or online Web site in which a person offers for sale products that are packaged, displayed or advertised as appropriate for use by children."Child care article" means an item that is designed or intended by the manufacturer to facilitate the sleep, relaxation, or feeding of children 6 years of age or younger or to help with children 6 years of age or younger who are sucking or teething. An item meets this definition if it is (i) designed or intended to be used directly in the mouth by the child or (ii) is used to facilitate sleep, relaxation, or feeding of children 6 years of age or younger or help with children 6 years of age or younger who are sucking or teething and, because of its proximity to the child, is likely to be mouthed, chewed, sucked, or licked."Jewelry" means any of the following ornaments worn by a person:(A) Ankle bracelet.(B) Arm cuff.(C) Bracelet.(D) Brooch.(E) Chain.(F) Crown.(G) Cuff link.(H) Hair accessory.(I) Earring.(J) Necklace.(K) Decorative pin.(L) Ring.(M) Body piercing jewelry.(N) Jewelry placed in the mouth for display or     ornament.(O) Any charm, bead, chain, link, pendant, or other     component of the items listed in this definition.(P) A charm, bead, chain, link, pendant, or other     attachment to shoes or clothing that can be removed and may be used as a component of an item listed in this definition.(Q) A watch in which a timepiece is a component of an     item listed in this definition, excluding the timepiece itself if the timepiece can be removed from the ornament."Toy containing paint" means a toy with an accessible component containing any external coating, including, but not limited to, paint, ink, lacquer, or screen printing, designed for or intended for use by children under the age of 12 at play. For the purposes of this Section, "toy" is any object designed, manufactured, or marketed as a plaything for children under the age of 12 and is excluded from the definitions of "child care article" and "jewelry".  In determining whether a toy containing paint is designed for or intended for use by children under the age of 12, the following factors shall be considered:(i) a statement by a manufacturer about the intended     use of the product, including a label on the product, if such statement is reasonable;(ii) whether the product is represented in its     packaging, display, promotion, or advertising as appropriate for children under the age of 12; and(iii) whether the product is commonly recognized by     consumers as being intended for use by a child under the age of 12.(b) Children's products. Effective January 1, 2010, no person, firm, or corporation shall sell, have, offer for sale, or transfer the items listed in this Section that contain a total lead content in any component part of the item that is more than 0.004% (40 parts per million) but less than 0.06% (600 parts per million) by total weight or a lower standard for lead content as may be established by federal or State law or rule unless that item bears a warning statement that indicates that at least one component part of the item contains lead.The warning statement for items covered under this subsection (b) shall contain at least the following: "WARNING: CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. COMPLIES WITH FEDERAL STANDARDS.".An entity is in compliance with this subsection (b) if the warning statement is provided on the children's product or on the label on the immediate container of the children's product.
This subsection (b) does not apply to any product for which federal law governs warning in a manner that preempts State authority.The warning statement required under this subsection (b) is not required if the component parts of the item containing lead are inaccessible to a child through normal and reasonably foreseeable use and abuse as defined by the United States Consumer Product Safety Commission.The warning statement required under this subsection (b) is not required if the component parts in question are exempt from third-party testing as determined by the United States Consumer Product Safety Commission.(c) Other lead-bearing substance. No person, firm, or corporation shall have,
offer for sale, sell, or give away any lead-bearing substance that may be
used by the general public, except as otherwise provided in subsection (b) of this Section, unless it bears the warning statement as
prescribed by federal rule. (i) If no rule is prescribed, the
warning statement shall be as follows when the lead-bearing substance is a lead-based paint or surface coating: "WARNING--CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. See Other Cautions on
(Side or Back) Panel. Do not apply on toys, or other children's articles,
furniture, or interior, or exterior exposed surfaces of any residential
building or facility that may be occupied or used by children. KEEP OUT OF
THE REACH OF CHILDREN.". (ii) If no rule is prescribed, the warning statement shall be as follows when the lead-bearing substance contains lead-based paint or a form of lead other than lead-based paint: "WARNING  CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE DUST CONTAINING LEAD. KEEP OUT OF THE REACH OF CHILDREN.".For the purposes of this subsection (c), the generic term of a product, such as "paint" may be substituted
for the word "substance" in the above labeling.(d) The warning statements on items covered in subsections (a), (b), and (c) of this Section shall be in accordance with, or substantially similar to, the following:(1) the statement shall be located in a prominent     place on the item or package such that consumers are likely to see the statement when it is examined under retail conditions;(2) the statement shall be conspicuous and not     obscured by other written matter;(3) the statement shall be legible; and(4) the statement shall contrast with the typography,     layout and color of the other printed matter.Compliance with 16 C.F.R. 1500.121 adopted under the Federal Hazardous Substances Act constitutes compliance with this subsection (d).(e) The manufacturer or importer of record shall be responsible for compliance with this Section.(f) Subsection (c) of this Section does not apply to any component part of a consumer electronic product, including, but not limited to, personal computers, audio and video equipment, calculators, wireless phones, game consoles, and handheld devices incorporating a video screen used to access interactive software and their associated peripherals, that is not accessible to a child through normal and reasonably foreseeable use of the product. A component part is not accessible under this subsection (f) if the component part is not physically exposed by reason of a sealed covering or casing and does not become physically exposed through reasonably foreseeable use and abuse of the product. Paint, coatings, and electroplating, singularly or in any combination, are not sufficient to constitute a sealed covering or casing for purposes of this Section.  Coatings and electroplating are sufficient to constitute a sealed covering for connectors, power cords, USB cables, or other similar devices or components used in consumer electronics products.
(Source: P.A. 97-612, eff. 1-1-12; 98-690, eff. 1-1-15.) (410 ILCS 45/6.01)Sec. 6.01. Warning statement where supplies sold.(a) Any retailer, store, or commercial establishment that offers paint or other supplies intended for the removal of paint shall display, in a prominent and easily visible location, a poster containing, at a minimum, the following:(1) a statement that dry sanding and dry scraping of     paint in regulated facilities built before 1978 is dangerous;(2) a statement that the improper removal of old     paint is a significant source of lead dust and the primary cause of lead poisoning; and(3) contact information where consumers can obtain     more information.(b) The Department shall provide sample posters and  brochures that commercial establishments may use.  The Department shall make these posters and brochures available in hard copy and via download from the Department's Internet website.(c) A commercial establishment shall be deemed to be in compliance with this Section if the commercial establishment displays lead poisoning prevention posters or provides brochures to its customers that meet the minimum requirements of this Section but come from a source other than the Department.

(Source: P.A. 98-690, eff. 1-1-15.) (410 ILCS 45/6.1) (from Ch. 111 1/2, par. 1306.1)Sec. 6.1. Removal of leaded soil. The Department shall, in consultation
with the Illinois Environmental Protection Agency, specify safety guidelines for workers undertaking removal or
covering of leaded soil.  Soil inspection requirements shall apply to
inspection of regulated facilities subject to the
requirements of this Section.
(Source: P.A. 98-690, eff. 1-1-15.) (410 ILCS 45/6.2) (from Ch. 111 1/2, par. 1306.2)Sec. 6.2. Testing children and pregnant persons.(a) Any physician licensed to practice medicine in all its branches or health care provider who sees or treats children 6 years
of age or younger shall test those children for
lead poisoning when those children reside in an area defined as high risk
by the Department.  Children residing in areas defined as low risk by the
Department shall be evaluated for risk by the Childhood Lead Risk Questionnaire developed
by the Department and tested if indicated.  Children shall be evaluated in accordance with rules adopted by the Department.(b) Each licensed, registered, or approved health care facility serving
children 6 years of age or younger, including, but not
limited to,
health departments, hospitals, clinics, and health maintenance
organizations approved, registered, or licensed by the Department, shall take
the appropriate steps to ensure that children 6 years of age or younger be evaluated for risk or tested for lead poisoning or both.(c) Children 7 years and older and pregnant persons may also be tested by physicians or
health care providers, in accordance with rules adopted by the Department.  Physicians and health care providers shall also evaluate
 children for lead poisoning in conjunction with the school health
examination, as required under the School Code, when, in the medical judgment
of the physician, advanced practice registered nurse, or
physician
assistant, the child is potentially at high risk of lead poisoning.(d) (Blank).
(Source: P.A. 99-78, eff. 7-20-15; 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.) (410 ILCS 45/6.3)Sec. 6.3. Information provided by the Department of Healthcare and Family Services.(a) The Director of Healthcare and Family Services shall provide, upon request of the Director of Public Health, an electronic record of all children 6 years of age or younger who receive Medicaid, Kidcare, or other health care benefits from the Department of Healthcare and Family Services. The records shall include a history of claims filed for each child and the health care provider who rendered the services. On at least an annual basis, the Director of Public Health shall match the records provided by the Department of Healthcare and Family Services with the records of children receiving lead tests, as reported to the Department under Section 7 of this Act.(b) The Director of Healthcare and Family Services shall prepare a report documenting the frequency of lead testing and elevated blood and lead levels among children receiving benefits from the Department of Healthcare and Family Services. On at least an annual basis, the Director of Healthcare and Family Services shall prepare and deliver a report to each health care provider who has rendered services to children receiving benefits from the Department of Healthcare and Family Services. The report shall contain the aggregate number of children receiving benefits from the Department of Healthcare and Family Services to whom the provider has provided services, the number and percentage of children tested for lead poisoning, and the number and percentage of children having an elevated blood lead level. The Department of Public Health may exclude health care providers who provide specialized or emergency medical care and who are unlikely to be the primary medical care provider for a child. Upon  the request of a provider, the Department of Public Health may generate a list of individual patients treated by that provider according to the claims records and the patients' lead test results.
(Source: P.A. 98-690, eff. 1-1-15.) (410 ILCS 45/7) (from Ch. 111 1/2, par. 1307)Sec. 7. Reports of lead poisoning required; lead information to remain confidential; disclosure prohibited. Every physician who
diagnoses, or a health care provider, nurse, hospital administrator, or public health officer who has
verified information of the
existence of a blood lead test result for any child or pregnant person shall report the result to the Department. Results identifying an elevated blood lead level shall be reported to the Department within 48 hours of receipt of
verification. Reports
shall include the name, address, laboratory results, date
of birth, and any other information about the child or pregnant person deemed essential by
the Department.  Directors of clinical laboratories must report to the
Department, within 48 hours of receipt of verification, all
blood
lead analyses equal to or above an elevated blood lead level performed in their facility.  The information included in the
clinical laboratories report shall include, but not be limited to, the child's
name, address, date of birth, name of physician ordering analysis, and specimen
type. All blood lead levels less than an elevated blood lead level must be reported to the Department in accordance
with rules adopted by the Department.  These rules shall not require reporting
in less than 30 days after the end of the month in which the results
are obtained.  All information obtained by the Department from any source and all information, data, reports, e-mails, letters, and other documents generated by the Department or any of its delegate agencies concerning any person subject to this Act receiving a blood lead test
 shall be treated in
the same manner as information subject to the provisions of Part 21 of Article
VIII of the Code of Civil Procedure and shall not be disclosed.  This prohibition on disclosure extends to all information and reports obtained or created by the Department or any of its delegate agencies concerning any regulated facility that has been identified as a potential lead hazard or a source of lead poisoning.  This prohibition on disclosure does not prevent the Department or its delegates from using any information it obtains civilly, criminally, or administratively to prosecute any person who violates this Act, nor does it prevent the Department or its delegates from disclosing any certificate of compliance, notice, or  mitigation order issued pursuant to this Act. Any physician, nurse, hospital
administrator, director of a
clinical laboratory, public health officer, or allied health professional
making a report in good faith shall be immune from any civil or criminal
liability that otherwise might be incurred from the making of a report.
(Source: P.A. 100-723, eff. 1-1-19.) (410 ILCS 45/7.1) (from Ch. 111 1/2, par. 1307.1)Sec. 7.1. Requirements for child care facilities. Each day care center, day
care home, preschool, nursery school, kindergarten, or other child care
facility, licensed or approved by the State, including such programs
operated by a public school district, shall include a requirement that each
parent or legal guardian of a child between one and 7 
years of age provide a statement from a physician or health care provider that the
child has been assessed for risk of lead poisoning or tested or both, as provided in Section 6.2.  This statement shall be
provided prior to admission and subsequently in conjunction with required
physical examinations.Child care facilities that participate in the Illinois Child Care Assistance Program (CCAP) shall annually send or deliver to the parents or guardians of children enrolled in the facility's care an informational pamphlet regarding awareness of lead poisoning.  Pamphlets shall be produced and made available by the Department and shall be downloadable from the Department's Internet website.  The Department of Human Services and the Department of Public Health shall assist in the distribution of the pamphlet.
(Source: P.A. 98-690, eff. 1-1-15.) (410 ILCS 45/7.2) (from Ch. 111 1/2, par. 1307.2)Sec. 7.2. Fees; reimbursement; Lead Poisoning Screening, Prevention, and Abatement Fund.(a) The Department may establish fees according to a reasonable fee
structure to cover the cost of providing a testing service for laboratory
analysis of blood lead tests and any necessary follow-up.  Fees collected
from the Department's testing service shall be placed in a special fund in
the State treasury known as the Lead Poisoning Screening, Prevention, and
Abatement Fund.  Other State and federal funds for expenses related to lead
poisoning screening, follow-up, treatment, and abatement programs may also
be placed in the Fund.  Moneys shall be appropriated from the Fund to the
Department for the implementation and enforcement of this Act.(b) The Department shall certify, as required by the Department of Healthcare and Family Services,  any non-reimbursed  public expenditures for all approved lead testing and evaluation activities for Medicaid-eligible children expended by the Department from the non-federal  portion of funds, including, but not limited to, assessment of home, physical, and family environments; comprehensive environmental lead investigation; and laboratory services  for Medicaid-eligible children.  The Department of Healthcare and Family Services shall provide appropriate Current Procedural Terminology (CPT) Codes for all billable services and claim federal financial participation for the properly certified public expenditures  submitted to it by the Department.  Any federal financial participation revenue received pursuant to this Act shall be deposited in the Lead Poisoning Screening, Prevention, and Abatement Fund.(c) Any delegate agency may establish fees, according to a reasonable
fee structure, to cover the costs of drawing blood for blood lead testing and evaluation
and any necessary follow-up.
(Source: P.A. 98-690, eff. 1-1-15; 99-78, eff. 7-20-15.) (410 ILCS 45/8) (from Ch. 111 1/2, par. 1308)Sec. 8. Inspection  of dwelling units occupied or previously occupied by a person with an elevated blood lead level. A representative of the Department, or delegate agency, shall, after
notification that an occupant of a regulated facility is found to
have an elevated blood lead level as set forth in Section 7, upon
presentation of the appropriate credentials to the owner, occupant, or his
representative, inspect the affected dwelling units, at reasonable times,
for the purposes of ascertaining that all surfaces accessible to children
are intact and in good repair, and for purposes of ascertaining the
existence of lead-bearing substances.  Such representative of the
Department, or delegate agency, may remove samples or objects necessary for
laboratory analysis, in the determination of the presence of lead-bearing
substances in the regulated facilities.If a regulated facility is occupied by a child of less than 3 years
of age with an elevated blood lead level, the Department, in addition to all
other requirements of this Section, must inspect the dwelling
unit and common place area of the child with an elevated blood lead level.Following the inspection, the Department or its delegate agency shall:(1) Prepare an inspection report which shall:(A) State the address of the dwelling unit.(B) Describe the scope of the inspection, the         inspection procedures used, and the method of ascertaining the existence of a lead-bearing  substance in the dwelling unit.(C) State whether any lead-bearing substances         were found in the dwelling unit.(D) Describe the nature, extent, and location of         any lead-bearing  substance that is found.(E) State either that a lead hazard does exist or         that a lead hazard does not exist.  If a lead hazard does exist, the report shall describe the source, nature and location of the lead hazard.  The existence of intact lead paint does not alone constitute a lead hazard for the purposes of this Section.(F) Give the name of the person who conducted the         inspection and the person to contact for further information regarding the inspection and the requirements of this Act.(2) Mail or otherwise provide a copy of the     inspection report to the property owner and to the occupants of the dwelling unit.  If a lead-bearing substance is found, at the time of providing a copy of the inspection report, the Department or its delegate agency shall attach an informational brochure.(Source: P.A. 98-690, eff. 1-1-15.) (410 ILCS 45/8.1) (from Ch. 111 1/2, par. 1308.1)Sec. 8.1. Licensing of lead inspectors and lead risk assessors.(a) The Department shall establish standards and
licensing procedures for lead inspectors and lead risk assessors. An integral element of these
procedures shall be an education and training program prescribed by the
Department which shall include but not be limited to scientific sampling,
chemistry, and construction techniques. No person shall make inspections or risk assessments
without first being licensed by the Department.  The penalty for inspection or risk assessment
without a license shall be a Class A misdemeanor and an administrative fine.(b) The Department shall charge licensed lead inspectors and lead risk assessors reasonable license
fees and the fees shall be placed in the Lead Poisoning Screening,
Prevention, and Abatement Fund and used to fund the Department's licensing
of lead inspectors and lead risk assessors and any other activities prescribed by this Act. A licensed lead  
inspector or lead risk assessor employed by the Department or its delegate agency shall not be
charged a license fee.
(Source: P.A. 98-690, eff. 1-1-15.) (410 ILCS 45/8.2) (from Ch. 111 1/2, par. 1308.2)Sec. 8.2. Warrant procedures. If the occupant of a regulated facility
 designated for inspection
under Section 8 refuses to allow inspection, an agent of the
Department or of the Department's delegate agency may apply
for a search warrant to permit entry.  A court may issue a
warrant upon receiving verification that a victim of lead poisoning
resides or has recently resided in the regulated
facility during the previous 6 months.
The findings of the inspection shall be reported to the
Department and to the appropriate enforcement authorities
established in this Act.
(Source: P.A. 98-690, eff. 1-1-15.) (410 ILCS 45/8.3)Sec. 8.3. Stop work orders. Whenever the Department or its delegate agency finds that a situation exists that requires immediate action to protect the public health, it may, without notice or hearing, issue an order requiring that such action be taken as it may deem necessary to protect the public health, including, but not limited to, the issuance of a stop work order, ordering the immediate suspension of any improper activities that may disturb a lead-bearing surface, and requiring that any person found to be improperly conducting such activities immediately cease work. Notwithstanding any other provision in this Act, such order shall be effective immediately. The Attorney General, State's Attorney, or Sheriff of the county in which the property is located has authority to enforce the order after receiving notice thereof. Any person subject to such an order is entitled, upon written request to the Department, to a hearing to determine the continued validity of the order.
(Source: P.A. 98-690, eff. 1-1-15.) (410 ILCS 45/9) (from Ch. 111 1/2, par. 1309)Sec. 9. Procedures upon determination of lead hazard.(1) If the inspection report identifies a lead hazard, the Department or
delegate agency shall serve a mitigation notice on the property owner that the
owner is required to mitigate the lead hazard, and shall indicate the time
period specified in this Section in which the owner must complete the
mitigation.  The notice shall include information describing mitigation
activities which meet the requirements of this Act.(2) If the inspection report identifies a lead hazard, the owner shall
mitigate the lead hazard in a manner prescribed by the Department and within
the time limit prescribed by this Section.  The Department shall adopt rules
regarding acceptable methods of mitigating a lead hazard. If the source of the
lead hazard identified in the inspection report is lead paint or any other lead-bearing
 surface coating, the lead hazard shall be deemed to have been mitigated
if:(A) the surface identified as the source of the lead     hazard is no longer in a condition that produces a hazardous level of lead chips, flakes, dust or any other form of lead-bearing substance, that can be ingested or inhaled by humans;(B) the surface identified as the source of the lead     hazard is no longer accessible to children and could not reasonably be chewed on  by children; or(C) the surface coating identified as the source of     the lead hazard is either removed or covered, or child access to the lead-bearing surface is otherwise prevented as prescribed by the Department.(3) Mitigation activities which involve the destruction or disturbance of
any lead-bearing surface shall be conducted by a licensed lead abatement contractor
using licensed lead abatement supervisors or lead abatement workers. The Department may prescribe by rule
mitigation  activities that may be performed without a licensed lead abatement contractor, lead abatement supervisor, or lead abatement
worker.  The Department may, on a case by case basis, grant a waiver of the
requirement to use licensed lead abatement contractors, lead abatement supervisors, and lead abatement workers, provided
the waiver does not endanger the health or safety of humans.(4) The Department shall establish procedures whereby an owner,
after receiving a mitigation notice under this Section, may submit a
mitigation plan to the Department or delegate agency for review and approval.(5) When a mitigation notice is issued for a dwelling unit inspected as a
result of an elevated blood lead level in a pregnant person or a child, or if
the dwelling unit is occupied by a child 6 years of age or younger or a pregnant person, the owner shall mitigate the hazard within 30 days of receiving the
notice; when no such child or pregnant person occupies the dwelling unit, the owner shall complete the mitigation within 90 days.(6) An owner may apply to the Department or its delegate agency
for an extension of the deadline for mitigation.  If the Department or its
delegate agency determines that the owner is making substantial progress
toward mitigation, or that the failure to meet the deadline is the result
of a shortage of licensed lead abatement contractors, lead abatement supervisors, or lead abatement workers, or that the
failure to meet the deadline is because the owner is awaiting the review
and approval of a mitigation plan, the Department or delegate agency may
grant an extension of the deadline.(7) The Department or its delegate agency shall, after the deadline set for
completion of mitigation, conduct a follow-up inspection of any dwelling unit for
which a mitigation notice was issued for the purpose of determining whether the
mitigation actions required have been completed and whether the activities have
sufficiently mitigated the lead hazard as provided under this Section.  The
Department or its delegate agency may conduct a follow-up inspection upon the
request of an owner or resident.  If, upon completing the follow-up inspection,
the Department or its delegate agency finds that the lead hazard for which the
mitigation notice was issued is not mitigated, the Department or its delegate
agency shall serve the owner with notice of the deficiency and a mitigation
order.  The order shall indicate the specific actions the owner must
take to comply with the mitigation requirements of this Act, which may
include lead abatement if lead abatement is the sole means by which the lead hazard
can be mitigated. The order shall also include the date by which the
mitigation shall be completed.  If, upon completing the follow-up
inspection, the Department or delegate agency finds that the mitigation
requirements of this Act have been satisfied, the Department or delegate
agency shall provide the owner with a certificate of compliance stating
that the required mitigation has been accomplished.
(Source: P.A. 102-771, eff. 1-1-23.) (410 ILCS 45/9.1) (from Ch. 111 1/2, par. 1309.1)Sec. 9.1. Owner's obligation to give notice. An owner of a regulated facility
 who has received a mitigation notice
under Section 9 of this Act shall, before the renewal of an existing lease agreement or before entering into a new sales contract for the dwelling unit for which the
mitigation notice was issued:(1)   provide the current lessee or lessees, if the     lease is to be renewed, and prospective purchasers of that unit with written notice that a lead hazard has previously been identified in the dwelling unit, unless the owner has obtained a certificate of compliance for the unit under Section 9.  An owner shall  satisfy this notice requirement by providing the prospective lessee or purchaser with a copy of the mitigation notice and inspection report prepared pursuant to Section 9; and(2) provide the Department with written notice of the     sale of the dwelling unit for which the mitigation notice was issued, including the date of the sale, and the name, address, telephone number, and email address of the prospective purchaser of the unit.An owner of a regulated facility who has received a mitigation notice under Section 9 of this Act or an owner of a regulated facility who has purchased the facility from an owner who has received a mitigation notice under Section 9 of this Act and who also receives notice as provided in paragraph (1) of this Section shall, before entering into a new lease agreement for the dwelling unit for which the mitigation notice was issued, mitigate the lead hazard previously identified in the regulated facility and obtain a certificate of compliance under Section 9. For purposes of determining compliance with this Act, the date of the mitigation notice for an owner of a regulated facility who has purchased the facility from an owner subject to this Section and who also receives notice as provided for in paragraph (1) of this Section shall be deemed to be the date of the sale as provided for in paragraph (2) of this Section.Before entering into a residential lease agreement or sales contract, all owners
of regulated facilities containing dwelling units built before 1978
shall give prospective lessees or purchasers information on the potential
health hazards posed by lead in regulated facilities by providing
prospective lessees or purchasers with a copy of an informational brochure prepared by the
Department and shall be consistent with the requirements set forth in 40 CFR Part 745, Subpart F.
(Source: P.A. 98-690, eff. 1-1-15; 99-790, eff. 1-1-17.) (410 ILCS 45/9.2)Sec. 9.2. (Repealed). 
(Source: P.A. 94-879, eff. 6-20-06. Repealed by P.A. 98-690, eff. 1-1-15.) (410 ILCS 45/9.3)Sec. 9.3. (Repealed). 
(Source: P.A. 94-879, eff. 6-20-06. Repealed by P.A. 98-690, eff. 1-1-15.) (410 ILCS 45/9.4)Sec. 9.4. Owner's obligation to post notice. The owner of a regulated facility who has received a mitigation notice under Section 9 of this Act shall post notices at all entrances to the regulated facility specifying the identified lead hazards. The posted notices, drafted by the Department and sent to the property owner with the notification of lead hazards, shall indicate the following:(1) that a unit or units in the building have been     found to have lead hazards;(2) that other units in the building may have lead     hazards;(3) that the Department recommends that children 6     years of age or younger receive blood lead testing;(4) where to seek further information; and(5) whether 2 or more mitigation notices have been     issued for the regulated facility within a 5-year period of time.Once the owner has complied with a mitigation notice or mitigation order issued by the Department, the owner may remove the notices posted pursuant to this Section.

(Source: P.A. 98-690, eff. 1-1-15; 99-78, eff. 7-20-15.) (410 ILCS 45/10) (from Ch. 111 1/2, par. 1310)Sec. 10. 
The Department, or representative of a unit of local government or
health department approved by the Department for this purpose, shall report any
violation of this Act to the State's Attorney of the county in which the
regulated facility is located. The State's Attorney has the authority to charge the owner with a Class
A misdemeanor, and shall take additional measures to ensure that rent is
withheld from the owner by the occupants of the dwelling units
affected, until the mitigation requirements under Section 9 of this Act are
complied with.No tenant shall be evicted because rent is withheld under the provisions of this Act, or because of
any action required of the owner of the regulated facility as a result of enforcement of
this Act.

(Source: P.A. 98-690, eff. 1-1-15; 99-78, eff. 7-20-15.) (410 ILCS 45/11) (from Ch. 111 1/2, par. 1311)Sec. 11. Lead abatement; mitigation of lead hazards. All lead abatement and lead mitigation shall be
accomplished in a manner prescribed by the Department, which will not endanger the health or well-being of
 occupants of regulated facilities, and will
result in the safe
removal from the premises, and the safe disposition, of flakes, chips, debris,
dust, and other potentially harmful materials. The Department shall establish, by rule, work practice requirements for lead abatement and lead mitigation. 
(Source: P.A. 98-690, eff. 1-1-15.) (410 ILCS 45/11.05)Sec. 11.05. Advisory Council.(a) The General Assembly finds the following:(1) Lead-based paint poisoning is a potentially     devastating but preventable disease and is the number one environmental threat to children's health in the United States.(2) The number of lead-poisoned children in Illinois     is among the highest in the nation, especially in older, affordable properties.(3) Lead poisoning causes irreversible damage to the     development of a child's nervous system. Even at low and moderate levels, lead poisoning causes learning disabilities, speech problems, shortened attention span, hyperactivity, and behavioral problems. Recent research links high levels of lead exposure to lower IQ scores and to juvenile delinquency.(4) Older housing is the number one risk factor for     childhood lead poisoning. Properties built before 1950 are statistically much more likely to contain lead-based paint hazards than buildings constructed more recently.(5) Illinois ranks 10th out of the 50 states in the     age of its housing stock. More than 50% of the housing units in Chicago and in Rock Island, Peoria, Macon, Madison, and Kankakee counties were built before 1960 and more than 43% of the housing units in St. Clair, Winnebago, Sangamon, Kane, and Cook counties were built before 1950.(6) There are nearly 1.4 million households with     lead-based paint hazards in Illinois.(7) Most children are lead-poisoned in their own     homes through exposure to lead dust from deteriorated lead-paint surfaces, like windows, and when lead paint deteriorates or is disturbed through home renovation and repainting.(8) The control of lead hazards significantly reduces     lead poisoning rates. Other communities, including New York City and Milwaukee, have successfully reduced lead poisoning rates by removing lead-based paint hazards on windows.(9) Windows are considered a higher lead exposure     risk more often than other components in a housing unit. Windows are a major contributor of lead dust in the home, due to both weathering conditions and friction effects on paint.(10) There is an insufficient pool of licensed lead     abatement workers and contractors to address the problem in some areas of the State.(11) Training, insurance, and licensing costs for     lead removal workers are prohibitively high.(12) Through grants from the United States Department     of Housing and Urban Development, some communities in Illinois have begun to reduce lead poisoning of children. While this is an ongoing effort, it addresses only a small number of the low-income children statewide in communities with high levels of lead paint in the housing stock.(b) For purposes of this Section:"Advisory Council" means the Lead-Safe Housing Advisory
Council created under subsection (c)."Lead-Safe Housing Maintenance Standards" or "Standards"
means standards developed by the Advisory Council pursuant
to this Section."Low-income" means a household at or below 80% of the median
income level for a given county as determined annually by
the United States Department of Housing and Urban
Development."Primary prevention" means removing lead hazards before a child is
poisoned
rather than relying on identification of a lead poisoned child as the
triggering event.(c) The Lead-Safe Housing Advisory
Council is created to advise the Department on lead poisoning prevention
activities. The Advisory Council shall be
chaired by the Director or his or her designee and the chair of the Illinois
Lead Safe Housing Task Force and provided with administrative support by the
Department.  The Advisory Council shall be comprised of (i) the directors, or
their designees, of the Illinois Housing Development Authority and the
Environmental Protection Agency; and (ii) the directors, or their designees,
of public health departments of counties identified by the Department that
contain communities with a concentration of
high-risk, lead-contaminated properties.The Advisory Council shall also include the following members appointed by
the Governor:(1) One representative from the Illinois Association     of Realtors.(2) One representative from the insurance industry.(3) Two pediatricians or other physicians with     knowledge of lead-paint poisoning.(4) Two representatives from the private-sector, lead     abatement  industry who are licensed in Illinois as a lead abatement contractor, lead abatement supervisor, lead abatement worker, lead inspector, or lead risk assessor.(5) Two representatives from community based     organizations in communities with a concentration of high risk lead contaminated properties. High-risk communities shall be identified based upon the prevalence of low-income families whose children are lead poisoned and the age of the housing stock.(6) At least 3 lead-safe housing advocates, including     (i)  the parent of a lead-poisoned child, (ii) a
representative from a child advocacy organization,
and (iii) a representative from a tenant housing
organization.(7) One representative from the Illinois paint and     coatings industry.Within 9 months after its
formation, the Advisory Council
shall submit a written report to the Governor and the General Assembly on:(1) developing a primary prevention program for     addressing lead poisoning;(2) developing a sufficient pool of lead abatement     workers and contractors;(3) targeting blood lead testing for children     residing in high-risk buildings and neighborhoods;(4) ensuring lead-safe work practices in all     remodeling, rehabilitation, and weatherization work;(5) funding mechanisms to assist residential property     owners in costs of lead abatement and mitigation;(6) providing insurance subsidies to licensed lead     abatement contractors who target their work to high-risk communities; and(7) developing any necessary legislation or     rulemaking to improve the effectiveness of State and local programs in lead abatement and other prevention and control activities.The Advisory Council shall develop handbooks and training for property owners
and tenants
explaining the Standards and State and federal requirements for
lead-safe housing.The Advisory Council shall meet at least quarterly.  Its members shall
receive no compensation for
their services, but their reasonable travel expenses actually incurred shall be
reimbursed by the Department.
(Source: P.A. 98-690, eff. 1-1-15.) (410 ILCS 45/11.1) (from Ch. 111 1/2, par. 1311.1)Sec. 11.1. Licensing of lead abatement contractors, lead abatement supervisors, and lead abatement workers. Except as otherwise provided in this Act, performing lead abatement or
mitigation without a license is a Class A misdemeanor and is also subject to civil and administrative penalties.
The Department shall provide by rule for the licensing of lead
abatement contractors, lead abatement supervisors, and lead abatement workers and shall establish rules
 for the licensure.  The Department
may collect a reasonable fee for the licenses.  The fees shall
be deposited into the Lead Poisoning Screening, Prevention, and
Abatement Fund and used by the Department for the activities
prescribed by this Act.The Department shall promote and encourage minorities and females and
minority and female owned entities to apply for licensure under this Act.The Department may adopt any rules necessary to ensure proper
implementation and administration of this Act and of the federal Toxic
Substances Control Act, 15 USC 2682 and 2684, and the rules adopted 
thereunder: Lead; Requirements for Lead-Based Paint Activities (40 CFR 745).
The application of this Section shall not be limited to the activities taken in
regard to lead poisoned children and shall include all activities related to
lead abatement, mitigation and training.No person may act as a lead abatement contractor unless the person is licensed as a lead abatement contractor by the Department in accordance with this Act and the rules adopted under it.No person may act as a lead abatement supervisor unless the person is licensed as a lead abatement supervisor by the Department in accordance with this Act and the rules adopted under it.No person may act as a lead abatement worker unless the person is licensed as a lead abatement worker by the Department in accordance with this Act and the rules adopted under it.Except as otherwise provided by Department rule, on and after the effective date of this amendatory Act of the 98th General Assembly, any licensing requirement adopted pursuant to this Section that may be satisfied by an industrial hygienist licensed pursuant to the Industrial Hygienists Licensure Act repealed in this amendatory Act may be satisfied by a Certified Industrial Hygienist certified by the American Board of Industrial Hygiene. (Source: P.A. 98-78, eff. 7-15-13; 98-690, eff. 1-1-15.) (410 ILCS 45/11.2) (from Ch. 111 1/2, par. 1311.2)Sec. 11.2. 
		(Repealed). 
		
		(Source: P.A. 92-447, eff. 8-21-01. Repealed by P.A. 98-690, eff. 1-1-15.) (410 ILCS 45/12) (from Ch. 111 1/2, par. 1312)Sec. 12. (Repealed). 
(Source: P.A. 96-1137, eff. 7-21-10. Repealed by P.A. 98-690, eff. 1-1-15.) (410 ILCS 45/12.1)Sec. 12.1. Attorney General and State's Attorney report to General Assembly. The Attorney General and State's Attorney offices shall report to the General Assembly annually the number of lead poisoning cases that have been referred by the Department for enforcement due to violations of this Act or for failure to comply with a notice of deficiency and mitigation order issued pursuant to subsection (7) of Section 9 of this Act.
(Source: P.A. 94-879, eff. 6-20-06.) (410 ILCS 45/12.2)Sec. 12.2. Violations and enforcement.(a) The following provisions shall apply concerning criminal sanctions:(1) Violation of any Section of this Act other than     Section 6.01 or Section 7 shall be punishable as a Class A misdemeanor. A violation of Section 6.01 shall cause the Department to issue a written warning for a first offense and shall be a petty offense for a second or subsequent offense if the violation occurs at the same location within 12 months after the first offense.(2)  Any person who knowingly violates this Act or     the rules adopted by the Department or who knowingly violates any determination or order of the Department under this Act shall be guilty of a Class 4 felony. A person who, after being convicted under this paragraph, knowingly violates this paragraph a second or subsequent time commits a Class 3 felony.(3)  Any person who knowingly makes a false     statement, orally or in writing, to the Department related to or required by this Act, a rule adopted under this Act, any federal law or rule for which the Department has responsibility, or any determination or order of the Department under this Act, or any permit, term, or condition thereof, commits a Class 4 felony, and each such statement or writing shall be considered a separate Class 4 felony. A person who, after being convicted under this paragraph, knowingly violates this paragraph a second or subsequent time commits a Class 3 felony.(4)  Any criminal action brought under this Section     shall be brought by the State's Attorney of the county in which the violation occurred or by the Attorney General and shall be conducted in accordance with the applicable provisions of the Code of Criminal Procedure of 1963.(5)  For an offense described in this subsection (a),     the period for commencing prosecution prescribed by the statute of limitations shall not begin to run until the offense is discovered by or reported to a State or local agency having the authority to investigate violations of this Act.(6)  In addition to any other penalty provided under     this Act, the court in a criminal action brought under this subsection (a)  may impose upon any person who violates this Act or the rules adopted under this Act or who does not comply with a notice of deficiency and a mitigation order issued under subsection (7) of Section 9 of this Act or who fails to comply with subsection (3) or subsection (5) of Section 9 of this Act a penalty not to exceed $5,000 for each violation. Each day a violation exists constitutes a separate violation. In assessing a criminal penalty under this Section, the court shall consider any civil fines the person has paid which were imposed pursuant to subsection (b) of this Section.   Any penalties collected in a court proceeding shall be deposited into a delegated county lead poisoning screening, prevention, and abatement fund or, if no delegated county or lead poisoning screening, prevention, and abatement fund exists, into the Lead Poisoning Screening, Prevention, and Abatement Fund established under Section 7.2 of this Act.(b)  The Department is authorized to assess administrative civil fines against any licensee or any other person who violates this Act or the rules adopted under this Act. These fines may be assessed in addition to or in lieu of license suspensions or revocations and in addition to or in lieu of criminal sanctions. The amount of the administrative civil fine shall be determined by rules adopted by the Department.  Each day a violation exists shall  constitute a separate violation.  The minimum civil fine shall be $50 per violation per day and the maximum civil fine shall be $5,000 per violation per day.  Any civil fines so collected shall be deposited into the Lead Poisoning Screening, Prevention, and Abatement Fund established under Section 7.2 of this Act.(c)  The Director, after notice and opportunity for hearing, may deny, suspend, or revoke a license of a licensee or  fine a licensee or any other person who has violated this Act or the rules adopted under this Act. Notice shall be provided by certified mail, return receipt requested, or by personal service, fixing a date, not less than 15 days from the date of such mailing or service, at which time the person shall be given an opportunity to request a hearing.  Failure to request a hearing within that time period constitutes a waiver of the right to a hearing.  The hearing shall be conducted by the Director or by an individual designated in writing by the Director as a hearing officer to conduct the hearing. On the basis of any such hearing or upon default of the respondent, the Director shall make a determination specifying his or her findings and conclusions. A copy of the determination shall be sent by certified mail, return receipt requested, or served personally upon the respondent.(d)  The procedure governing hearings authorized by this Section shall be in accordance with rules adopted by the Department. A full and complete record shall be kept of all proceedings, including the notice of hearing, complaint, and all other documents in the nature of pleadings, written motions filed in the proceedings, and the report and orders of the Director and hearing officer. All testimony shall be reported, but need not be transcribed unless the decision is sought to be reviewed under the Administrative Review Law. A copy or copies of the transcript may be obtained by any interested party on payment of the cost of preparing the copy or copies. The Director or hearing officer shall, upon his or her own motion or on the written request of any party to the proceeding, issue subpoenas requiring the attendance and the giving of testimony by witnesses and subpoenas duces tecum requiring the production of books, papers, records, or memoranda. All subpoenas and subpoenas duces tecum issued under this Act may be served by any person of legal age. The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the courts of this State, such fees to be paid when the witness is excused from further attendance. When the witness is subpoenaed at the instance of the Director or hearing officer, the fees shall be paid in the same manner as other expenses of the Department, and when the witness is subpoenaed at the instance of any other party to any such proceeding the Department may require that the cost of service of the subpoena or subpoena duces tecum and the fee of the witness be borne by the party at whose instance the witness is summoned. In such case, the Department in its discretion may require a deposit to cover the cost of such service and witness fees. A subpoena or subpoena duces tecum so issued pursuant to this subsection (d) shall be served in the same manner as a subpoena issued by a circuit court.(e) Any circuit court of this State, upon the application of the Director or upon the application of any other party to the proceeding, may, in its discretion, compel the attendance of witnesses, the production of books, papers, records, or memoranda, and the giving of testimony before the Director or hearing officer conducting an investigation or holding a hearing authorized by this Act, by an attachment for contempt or otherwise, in the same manner as production of evidence may be compelled before the court.(f)  All final administrative decisions of the Department under this Act shall be subject to judicial review pursuant to the provisions of the Administrative Review Law and the rules adopted under it. "Administrative decision" has the meaning ascribed to it in Section 3-101 of the Code of Civil Procedure.  The Department is not required to certify any record or file any answer or otherwise appear in any proceeding for judicial review unless the party filing the complaint deposits with the clerk of the court the sum of $2 per page representing the costs of the certification. Failure on the part of the plaintiff to make such deposit shall be grounds for dismissal of the action.(g) The State's Attorney of the county in which the violation occurred or the Attorney General shall bring such actions in the name of the people of the State of Illinois and may, in addition to other remedies provided in this Act, bring action for an injunction to restrain such violation, impose civil penalties, and enjoin the operation of any such person or establishment.
(Source: P.A. 98-690, eff. 1-1-15.) (410 ILCS 45/13) (from Ch. 111 1/2, par. 1313)Sec. 13. 
The Department is authorized to adopt reasonable
rules for carrying out the provisions of this Act.
(Source: P.A. 98-690, eff. 1-1-15.) (410 ILCS 45/13.1) (from Ch. 111 1/2, par. 1313.1)Sec. 13.1. Illinois Administrative Procedure Act; application. The
provisions of the Illinois Administrative Procedure Act are adopted and
shall apply to all administrative rules and procedures of the Department of
Public Health under this Act, except that in cases of conflict between the
Illinois Administrative Procedure Act and this Act, the provisions of this
Act shall control. Section 5-35 of the Illinois Administrative
Procedure Act relating to procedures for rule-making does not apply to the
adoption of any rule required by federal law in connection with which the
Department is precluded by law from exercising any discretion.
(Source: P.A. 97-333, eff. 8-12-11.) (410 ILCS 45/14) (from Ch. 111 1/2, par. 1314)Sec. 14. Departmental rules and activities. The Department shall
establish and publish rules governing permissible
limits of lead in and about regulated facilities.No later than 180 days after the effective date of this amendatory Act of the 100th General Assembly, the Department shall submit proposed amended rules to the Joint Committee on Administrative Rules to update:  the definition of elevated blood lead level to be in accordance with the most recent childhood blood lead level reference value from the federal Centers for Disease Control and Prevention; the current requirements for the inspection of regulated facilities occupied by children based on the updated definition of elevated blood lead level or the history of lead hazards; and any other existing rules that will assist the Department in its efforts to prevent, reduce, or mitigate the negative impact of instances of lead poisoning among children. The changes made to this Section by this amendatory Act of the 100th General Assembly do not preclude subsequent rulemaking by the Department.The Department shall also initiate activities that:(a) Either provide for or support the monitoring and     validation of all medical laboratories and private and public hospitals that perform lead determination tests on human blood or other tissues.(b) Subject to Section 7.2 of this Act, provide     laboratory testing of blood specimens for lead content to any physician, hospital, clinic, free clinic, municipality, or private organization  that cannot secure or provide the services through other sources.  The Department shall not assume responsibility for blood lead analysis required in programs currently in operation.(c) Develop or encourage the development of     appropriate programs and studies to identify sources of lead intoxication and assist other entities in the identification of lead in children's blood and the sources of that intoxication.(d) Provide technical assistance and consultation to     local, county, or regional governmental or private agencies for the promotion and development of lead poisoning prevention programs.(e) Provide recommendations by the Department on the     subject of identification, case management, and treatment of lead poisoning.(f) Maintain a clearinghouse of information, and will     develop additional educational materials, on (i) lead hazards to children, (ii) lead poisoning prevention, (iii) blood lead testing, (iv) lead mitigation, lead abatement, and disposal, and (v)  health hazards during lead abatement.  The Department shall make this information available to the general public.(Source: P.A. 100-723, eff. 1-1-19.) (410 ILCS 45/15) (from Ch. 111 1/2, par. 1315)Sec. 15. 
		Other relief. 
		Nothing in this Act shall be interpreted or
applied in any manner to defeat or impair the right of any person, entity,
municipality or other political subdivision to maintain an action or suit
for damages sustained or for equitable relief, or for violation of an
ordinance by reason of or in connection with any violation of this Act. The
failure to remove lead based substances within the time prescribed by this
Act shall be prima facie evidence of negligence in any action brought to
recover damages for injuries incurred after the expiration of that period.
This Act shall not prohibit any city, village, incorporated township or
other political subdivision from enacting and enforcing ordinances
establishing a system of lead poisoning control which provide the same or
higher standards than those set forth in this Act.
		(Source: P.A. 87-175.) (410 ILCS 45/15.1)Sec. 15.1. Funding. Beginning July 1, 2014 and ending June 30, 2015, a hospital satisfying the definition, as of July 1, 2014, of Section 5-5e.1 of the Illinois Public Aid Code and located in DuPage County shall pay the sum of $2,000,000 annually in 4 equal quarterly installments to the human poison control center in existence as of July 1, 2014 and established under the authority of this Act.
(Source: P.A. 98-651, eff. 6-16-14; 99-516, eff. 6-30-16.) (410 ILCS 45/16) (from Ch. 111 1/2, par. 1316)Sec. 16. 
		Effect of invalid provisions or applications of Act. 
		If any
provision of this Act or the application of this Act to any person or
circumstances shall be held invalid, the invalidity shall not affect the
provisions or application of this Act that can be given effect without the
invalid provision or application, and to this end the provisions of this
Act are declared to be severable.
		(Source: P.A. 87-175.) (410 ILCS 45/17) (from Ch. 111 1/2, par. 1317)Sec. 17. 
		This Act takes effect upon its becoming a law. 
		(Source: P.A. 78-560.)
(410 ILCS 450/1)Sec. 1. Short title; references to Act.(a) Short title. This Act may be cited as the Lyme Disease Prevention and Protection Act.(b) References to Act. This Act may be referred to as the Lauryn Russell Lyme Disease Prevention and Protection Law.
(Source: P.A. 100-1137, eff. 1-1-19.) (410 ILCS 450/5)Sec. 5. Findings.

 The General Assembly finds and declares the following:(1)    Lyme disease, a bacterial disease transmitted     by infected ticks, was first recognized in the United States in 1975 after a mysterious outbreak of arthritis near Old Lyme, Connecticut. Since then, reports of Lyme disease have increased dramatically, and the disease has become an important public health concern.(2)    The Centers for Disease Control and Prevention     states that the reported Lyme disease cases are numbered at 30,000 a year in the United States, but the actual burden of Lyme disease may actually be as high as 300,000 cases a year throughout the United States.(3)    The signs and symptoms of Lyme disease can     vary greatly from one person to another, and symptoms can also vary with the length of time a person has been infected. The initial symptoms of Lyme disease are similar to those of more common diseases, such as a flu-like illness without a cough or mononucleosis; it may or may not present Erythema Migrans, a "bulls eye" marking, which is the most common identifiable mark for Lyme disease, and many infected persons do not recall a tick bite; further symptoms can develop over time, including fever, severe headache, stiff neck, certain heart irregularities, temporary paralysis of facial muscles, pain with numbness or weakness in arms or legs, loss of concentration or memory problems, and, most commonly, Lyme arthritis.(4)    Not all ticks carry the bacterium of Lyme     disease, and a bite does not always result in the development of Lyme disease.  However, since it is impossible to tell by sight which ticks are infected, it is important to avoid tick bites whenever possible and to perform regular tick checks when traversing in tick-infested areas of the United States, any wooded areas, or any areas with tall grass and weeds.  A person should seek assistance for early identification and treatment when Lyme disease symptoms or other tick-borne illness is suspected.(5)    Because Lyme disease is a complex illness,     there is a continuous need to increase funding for Lyme disease diagnosis, treatment, and prevention. In 2015, the first major research program devoted to the causes and cures of Lyme disease was established at Johns Hopkins School of Medicine as the Lyme Disease Clinical Research Center.(6)    Initial funding from federal grants has     provided for research known as the Study of Lyme Disease Immunology and Clinical Events. The federal 21st Century Cures Act created a working group within the United States Department of Health and Human Services to improve outcomes of Lyme disease and to develop a plan for improving diagnosis, treatment, and prevention. However, there is still a need for more research on Lyme disease and efforts to promote awareness of its signs and symptoms, such as work with entomologists and veterinary epidemiologist whose current focus is on tick-borne infections and their distribution in the State of Illinois.(7) People treated with appropriate antibiotics in     the early stages of Lyme disease usually recover rapidly and completely. The National Institutes of Health has funded several studies on the treatment of Lyme disease that show most people recover when treated with antibiotics taken by mouth within a few weeks. In a small percentage of cases, symptoms such as fatigue and muscle aches can last for more than 6 months. Physicians sometimes describe patients who have non-specific symptoms, such as fatigue, pain, and joint and muscle aches, after the treatment of Lyme disease as having post-treatment Lyme disease syndrome or post Lyme disease syndrome. The cause of post-treatment Lyme disease syndrome is not known.(8)    Co-infections by other tick-borne illnesses     may complicate and lengthen the course of treatment.(Source: P.A. 100-1137, eff. 1-1-19.) (410 ILCS 450/10)Sec. 10. Lyme Disease Prevention, Detection, and Outreach Program.(a)   The Department of Public Health shall establish a Lyme Disease Prevention, Detection, and Outreach Program. The Department shall continue to study the population of ticks carrying Lyme disease and the number of people infected in Illinois to provide data to the public on the incidence of acute Lyme disease and locations of exposure in Illinois by county. The Department shall partner with the University of Illinois to publish tick identification and testing data on the Department's website and work to expand testing to areas where new human cases are identified. The Department shall require health care professionals and laboratories to report acute Lyme disease cases within the time frame required under the Control of Communicable Diseases Code to the local health department. To coordinate this program, the Department shall continue to support a vector-borne disease epidemiologist coordinator who is responsible for overseeing the program. The Department shall train local health departments to respond to inquiries from the public.(b)   In addition to its overall effort to prevent acute disease in Illinois, in order to raise awareness about and promote prevention of Lyme disease, the program shall include:(1) a designated webpage with publicly accessible and     up-to-date information about the prevention, detection, and treatment of Lyme disease;(2) peer-reviewed scientific research articles;(3) government guidance and recommendations of the     federal Centers for Disease Control and Prevention, National Guideline Clearinghouse under the Department of Health and Human Services, and any other persons or entities determined by the Lyme Disease Task Force to have particular expertise on Lyme disease;(4) information for physicians, other health care     professionals and providers, and other persons subject to an increased risk of contracting Lyme disease; and(5) educational materials on the diagnosis,     treatment, and prevention of Lyme disease and other tick-borne illnesses for physicians and other health care professionals and providers in multiple formats.(c)   The Department shall prepare a report of all efforts under this Act, and the report shall be posted on the Department's website and distributed to the Lyme Disease Task Force and the General Assembly annually. The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct.

(Source: P.A. 100-1137, eff. 1-1-19.) (410 ILCS 450/15)Sec. 15. Lyme Disease Task Force; duties; members.(a)   The Department shall establish the Lyme Disease Task Force to advise the Department on disease prevention and surveillance and provider and  public education relating to the disease.(b)   The Task Force shall consist of the Director of Public Health or a designee, who  shall serve as chairman, and  the following members:(1) one representative from the Department of     Financial and Professional Regulation, appointed by the Director of Public Health;(2) 3 physicians licensed to practice medicine in all     its branches who are members of  a statewide organization representing physicians, one of whom represents a medical school faculty and one of whom  has the experience of treating Lyme disease, appointed by the Director of Public Health;(3) one advanced practice registered nurse selected     from the recommendations of professional nursing associations, appointed by the Director of Public Health;(4) one local public health administrator, appointed     by the Director of Public Health;(5) one veterinarian, appointed by the Director of     Public Health;(6) 4 members of the public interested in Lyme     disease, appointed by the Director of Public Health;(7) 2 members appointed by the Speaker of the House     of Representatives;(8) 2 members appointed by the Minority Leader of the     House of Representatives;(9) 2 members appointed by the President of the     Senate; and(10) 2 members appointed by the Minority Leader of     the Senate.(c)   The terms of the members of the Task Force shall be 3 years. Members may continue to serve after the expiration of a term until a new member is appointed. Each member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. The council shall meet as frequently as the chairman deems necessary, but not less than 2 times each year. Members shall receive no compensation for their services.(d)   The Lyme Disease Task Force has the following duties and responsibilities:(1)   monitoring the implementation of this Act and     providing feedback and input for necessary additions or modifications;(2)   reviewing relevant literature and guidelines     that define accurate diagnosis of Lyme disease with the purpose of creating cohesive and consistent guidelines for the determination of Lyme diagnosis across all counties in Illinois and with the intent of providing accurate and relevant numbers to the Centers for Disease Control and Prevention;(3)   providing recommendations on professional     continuing educational materials and opportunities that specifically focus on Lyme disease prevention, protection, and treatment; and(4)   assisting the Department in establishing     policies, procedures, techniques, and criteria for the collection, maintenance, exchange, and sharing of  medical information on Lyme disease, and identifying persons or entities with Lyme disease expertise to collaborate with Department in Lyme disease diagnosis, prevention, and treatment.(Source: P.A. 100-1137, eff. 1-1-19; 101-606, eff. 12-13-19.) (410 ILCS 450/70)Sec. 70. The Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois is amended  by repealing Section 2310-390.
(Source: P.A. 100-1137, eff. 1-1-19.) (410 ILCS 450/75)Sec. 75. (Amendatory provisions; text omitted).
(Source: P.A. 100-1137, eff. 1-1-19; text omitted.)
(410 ILCS 455/1)Sec. 1. Short title. This Act may be cited as the Parkinson's Disease Public Awareness and Education Act.
(Source: P.A. 101-107, eff. 1-1-20.) (410 ILCS 455/5)Sec. 5. Findings. The General Assembly finds the following:(1) Parkinson's disease is a debilitating, painful,     and incurable neurological disorder of unknown origin that disrupts and can end the lives of those who suffer from it.(2) Parkinson's disease causes diverse symptoms,     including rigidity, slowness of movement, poor balance, and tremors, which lead to an impaired ability to walk, speak, swallow, and even breathe, so that the end result can be a clear mind trapped inside a body that has lost its ability to function.(3) The visible symptoms of Parkinson's disease are     often mistaken to be a normal part of the aging process.(4) In addition, many people with the disease     encounter precarious legal and personal situations in which they are erroneously thought to be under the influence of illegal or prescription drugs or alcohol due to their movement and gait patterns.(5) Parkinson's disease takes an enormous emotional,     psychological, and physical toll on caregivers and families, potentially overwhelming their lives.(6) It has been estimated that 1,500,000  Americans     have been diagnosed with Parkinson's disease, 50,000 more are diagnosed nationally each year, and another 1,500,000 persons have the disease but have never seen a neurologist.(7) Parkinson's disease costs Americans     $25,000,000,000 per year, including medical treatments, disability payments, and lost productivity.(8) Medications can only control some of the symptoms     of the disease and only for uncertain periods of time.(9) The federal Morris K. Udall Parkinson's Disease     Research Act of 1997 provides federal funding through the National Institutes of Health for Parkinson's disease, and April 11 has been proclaimed to be World Parkinson's Day in order to recognize the need for more research and help in dealing with the devastating effects of this disease.(10) Increased public awareness and education are     needed among health care, social services, judicial, law enforcement, and emergency medical services personnel in order to better respond to the needs of Parkinson's disease patients and their caregivers and families.(11) It is imperative for Illinois to commit itself     to actively support such public awareness and education efforts throughout the State in order to better meet the needs of its citizens who are suffering from Parkinson's disease.(Source: P.A. 101-107, eff. 1-1-20.) (410 ILCS 455/10)Sec. 10. Definitions. In this Act:"Department" means the Department of Public Health."Director" means the Director of Public Health."Program" means the Parkinson's Disease Public Awareness and Education Program established under this Act.

(Source: P.A. 101-107, eff. 1-1-20.) (410 ILCS 455/15)Sec. 15. Parkinson's Disease Public Awareness and Education Program.(a) Subject to appropriation, the Director shall establish a Parkinson's Disease Public Awareness and Education Program.(b) The purpose of the Program is to promote public awareness of Parkinson's disease and the value of early detection and possible treatments, including the benefits and risks of those treatments.  The Department may accept for that purpose any special grant of moneys, services, or property from the federal government or any of its agencies, or from any foundation, organization, or medical school.(c) The Program shall include the following:(1) Development of a public education and outreach     campaign to promote Parkinson's disease awareness and education, including, but not limited to, the following subjects:(A) the cause and nature of the disease;(B) diagnostic procedures and appropriate         indications for their use;(C) lifestyle issues relating to how a person         copes with Parkinson's disease, including, but not limited to, nutrition, diet, and physical exercise;(D) environmental safety and injury prevention;         and(E) availability of Parkinson's disease         diagnostic and treatment services in the community.(2) Development of educational materials to be made     available to consumers through local physicians, hospitals, clinics, and boards of health.(3) Development of professional education programs     for health care providers to assist them in understanding research findings and the subjects set forth in paragraph (1) of this subsection.(4) Development of educational programs for other     personnel, including judicial staff, police officers, fire fighters, and social services and emergency medical service providers, to assist them in recognizing the symptoms of Parkinson's disease and understanding how to respond to the needs of persons with the disease in the course of performing their duties, including dissemination of the informational booklet prepared under Section 20 of this Act.(5) Development and maintenance of a list of current     providers of specialized services for the diagnosis and treatment of Parkinson's disease.  Dissemination of the list shall be accompanied by a description of diagnostic procedures, appropriate indications for their use, and a cautionary statement about the current status of Parkinson's disease research and treatment.  The statement shall also indicate that the Department does not endorse specific Parkinson's disease programs or centers in this State.(Source: P.A. 101-107, eff. 1-1-20.) (410 ILCS 455/20)Sec. 20. Informational booklet.(a) The Department, in consultation with the Midwest Chapter of the American Parkinson Disease Association, any public or private university medical school that the Director deems useful, including, but not limited to, Loyola Medical School, and the Department on Aging, shall prepare an informational booklet in English, Spanish, and Mandarin that provides, in a manner easily understandable by a patient or other non-health care professional, information about the symptoms and treatment of Parkinson's disease.  The booklet may contain any other information that the Department deems necessary and may be revised by the Department whenever new information about Parkinson's disease becomes available.(b) The Department shall make a supply of the booklets available to all licensed health care facilities engaged in the diagnosis or treatment of Parkinson's disease and to those personnel described in paragraph (4) of subsection (c) of Section 15 of this Act, as well as to health care professionals, community health centers, and members of the public upon their request.  The Department shall publicize and make available the booklet to the maximum extent possible, and shall make available electronically on its website in English and Spanish the information contained in the booklet.
(Source: P.A. 101-107, eff. 1-1-20.) (410 ILCS 455/25)Sec. 25. Rules. The Director shall adopt rules to effectuate the purposes of this Act.
(Source: P.A. 101-107, eff. 1-1-20.)
(410 ILCS 46/1)Sec. 1. Short title. This Act may be cited as the Mercury-added Product Prohibition Act.
					(Source: P.A. 95-87, eff. 8-13-07.) (410 ILCS 46/5)Sec. 5. 
		Findings.(a) The General Assembly finds:(1) that human exposure to mercury can result in     adverse health effects, and mercury pollutants have been linked to nervous system, kidney, and liver damage and impaired childhood development;(2) that mercury fever thermometers are easily     broken, creating a potential risk of dangerous exposure to mercury vapor in indoor air and risking mercury contamination of the environment;(3) that accidental mercury spills and thermometer     breakages have proven costly to clean up;(4) that according to the Mercury Study Report,     prepared by the U.S. Environmental Protection Agency and submitted to the U.S. Congress in 1997, mercury fever thermometers contribute approximately 17 tons of mercury to solid waste each year;(5) that according to the U.S. Environmental     Protection Agency, the quantity of mercury in one mercury fever thermometer, approximately one gram, is enough to contaminate all fish in a lake with a surface area of 20 acres;(6) that accurate and safe alternatives to mercury     thermometers are readily available and comparable in cost; and(7) that many national pharmacy and retail chains     have discontinued the sale of mercury thermometers to consumers.(b) It is the purpose of this Act to prohibit the sale, distribution, or
promotional gifts of mercury fever thermometers in this State.
		(Source: P.A. 93-165, eff. 1-1-04.) (410 ILCS 46/10)Sec. 10. Definitions. For the purposes of this Act, the words and terms
defined in this Section shall have the meaning given, unless the context
otherwise clearly requires."Agency" means the Illinois Environmental Protection Agency."Mercury fever thermometer" means any device containing liquid mercury
wherein the liquid
mercury is used to measure the internal body temperature of a person."Mercury-added novelty" means a mercury-added product intended for personal
or household enjoyment, including but not limited to: toys, figurines,
adornments, games, cards, ornaments, yard statues and figurines, candles,
jewelry, holiday decorations, and footwear and other items of apparel."Mercury-added product" means a product to which mercury is added intentionally during formulation of manufacture, or a product containing one or more components to which mercury is intentionally added during formulation or manufacture."Health care facility" means any hospital, nursing home, extended care
facility, long-term facility, clinic or medical laboratory, State or private
health or mental institution, clinic, physician's office, or health maintenance
organization."Hospital" means any institution, place, building, or agency, public or
private, whether organized for profit or not, devoted primarily to the
maintenance and operation of facilities for the diagnosis and treatment or care
of 2 or more unrelated persons admitted for overnight stay or longer in order
to obtain medical, including obstetric, psychiatric, and nursing, care of
illness, disease, injury, infirmity, or deformity."Person" means any individual, partnership, co-partnership, firm, company,
limited liability company, corporation, association, joint stock company,
trust, estate, political subdivision, State agency, or non-profit organization,
or any other legal entity."Zinc air button cell battery" means a battery that resembles a button in size and shape with a zinc anode, an alkaline electrolyte, and a cathode that is capable of catalyzing oxygen when present. (Source: P.A. 97-1107, eff. 7-1-13.) (410 ILCS 46/15)Sec. 15. 
		
		Sale, distribution, or promotional gifts of mercury fever
thermometers prohibited.(a) On or after July 1, 2004, no person shall sell, distribute, or give for
promotional purposes (including online retail) mercury fever thermometers in
this State.(b) On or after July 1, 2004, no hospital shall distribute mercury fever
thermometers in maternity or new baby gift packs to patients.(c) This Section does not apply to mercury fever thermometers sold or
provided to be used in a health care facility.
		(Source: P.A. 93-165, eff. 1-1-04.) (410 ILCS 46/20)Sec. 20. 
		Manufacturing of mercury fever thermometers prohibited. 
		On or
after July 1, 2004, no person shall manufacture a mercury fever thermometer in
this State.
		(Source: P.A. 93-165, eff. 1-1-04.) (410 ILCS 46/22)Sec. 22. Sale and distribution of cosmetics, toiletries, or fragrances containing mercury. No person shall distribute or sell any cosmetics, toiletries, or fragrances containing mercury. Any person who knowingly sells or distributes mercury-containing cosmetics, toiletries, or fragrances in this State is guilty of a petty offense and shall be fined an amount not to exceed $500.
(Source: P.A. 95-1019, eff. 6-1-09.) (410 ILCS 46/23)Sec. 23. Disclosure. Any person in this State manufacturing cosmetics, toiletries, or fragrances containing mercury must disclose the level of mercury in the product. A manufacturer who fails to disclose the level of mercury in its cosmetics, toiletries, or fragrances is guilty of a business offense and shall be fined $10,000.
(Source: P.A. 95-1019, eff. 6-1-09.) (410 ILCS 46/25)Sec. 25. Sale, distribution, or promotional gifts of mercury-added
novelty products prohibited.   On and after July 1, 2004, no mercury-added
novelty
products may be offered for sale or distributed for promotional purposes in
Illinois if the offeror or distributor knows or has reason to know that the
product contains mercury, unless the mercury is solely within a button-cell
battery or a fluorescent light bulb.
(Source: P.A. 98-756, eff. 7-16-14.) (410 ILCS 46/27)Sec. 27. Sale and distribution of certain mercury-added products prohibited.(a) No person shall sell, offer to sell, or distribute the following mercury-added products in this State:(1) barometers;(2) esophageal dilators, bougie tubes, or     gastrointestinal tubes;(3) flow meters;(4) hydrometers;(5) hygrometers;(6) manometers;(7) pyrometers;(8) sphygmomanometers;(9) thermometers;(10) psychrometers;(11) pressure transducers;(12) rings;(13) seals;(14) sensors; or(15) zinc air button cell batteries.(b) This Section does not apply to the sale of a mercury-added product listed in paragraphs (1) through (15) of subsection (a)  if use of the product is a federal requirement or if the only mercury-added component in the product is a button cell battery, other than a zinc air button cell battery.(c) This Section does not apply to the sale of a mercury-added product listed in paragraphs (1) through (15) of subsection (a) for which an exemption is obtained under this subsection (c). The manufacturer of the product may apply for an exemption for one or more uses of the product by filing a written petition with the Agency. The Agency may grant an exemption, with or without conditions, if the manufacturer demonstrates the following:(1) a system exists for the proper collection,     transportation, and processing of the product at the end of its useful life; and(2) one of the following applies:(i) use of the product provides a net benefit to         the environment, public health, or public safety when compared to available nonmercury alternatives; or(ii) technically feasible nonmercury alternatives         are not available at comparable cost.Before approving an exemption, the Agency may consult with other states to promote consistency in the regulation of the product for which the exemption is requested. The Agency may also publish notice of its receipt of petitions for exemptions on its website and consider public comments submitted in response to the petitions. Exemptions shall be granted for a term of 5 years and may be renewed for additional 5-year terms upon written application by the manufacturer if the manufacturer demonstrates that the criteria of this subsection (c) and the conditions of the product's original exemption approval continue to be met. All petitions for exemptions and exemption renewals shall be submitted on forms prescribed by the Agency.

(Source: P.A. 97-459, eff. 7-1-12; 97-1107, eff. 7-1-13.) (410 ILCS 46/30)Sec. 30. Penalty for violation. Except as provided in Sections 22 and 23 of this Act, a person who violates this Act shall be
guilty of a petty offense and upon conviction shall be subject to a fine of not
less than $50 and not more than $200 for each violation.
(Source: P.A. 95-1019, eff. 6-1-09.) (410 ILCS 46/35)Sec. 35. The Agency may participate in the establishment and implementation of a regional, multistate clearinghouse to assist in carrying out the requirements of this Act.
(Source: P.A. 95-87, eff. 8-13-07.) (410 ILCS 46/40)Sec. 40. Mercury-containing compact fluorescent lighting;
Internet Web site and outreach; procurement.(a) By October 1, 2009, the Agency shall create a Web site that provides information on the mercury content of compact fluorescent lamps used in residential applications, what to do when a fluorescent lamp breaks, and options for consumers to safely manage and recycle spent mercury-containing compact fluorescent lamps generated in the State.   The Agency shall also collaborate with lamp manufacturers, retailers, utilities, local governments, environmental organizations, and solid waste haulers on outreach efforts to inform consumers about the safe and proper management of spent mercury-containing fluorescent lamps.   In developing an outreach strategy, the Agency shall consider a variety of media and methods for disseminating information, including, but not limited to, point of sale information, newspaper and magazine advertisements, Web sites, package markings, bill inserts, public service announcements, and stickers for dumpsters and trash bins.(b) By March 1, 2010, the Department of Central Management Services, in collaboration with the  Department of Commerce and Economic Opportunity and the Agency, shall review and revise procurement specifications for lamps and ballasts purchased by State agencies.   The specifications shall be revised to optimize energy efficiency, toxics reduction, lighting quality, and lamp life, taking into account performance, availability and cost considerations.   After July 1, 2010, the Department of Central Management Services shall ensure that the environmental and performance specifications developed under this subsection are incorporated into bid solicitations issued, and contracts entered into, for lamps and ballasts purchased by State agencies.(c)  For the purposes of this subsection,(1) "Lamp" means the bulb or tube portion of an     electrical lighting device, including, but not limited to, a compact fluorescent lamp; a linear, circular or u-bent tube; a high intensity discharge lamp; or an exit sign lamp or fixture.(2) "Ballast" means a device used to provide and     control the voltage in a linear fluorescent lamp. (Source: P.A. 96-393, eff. 8-13-09.)
(410 ILCS 47/1)Sec. 1. 
		Short title. 
		This Act may be cited as the Poison Control System Act.
		(Source: P.A. 87-1145.) (410 ILCS 47/5)Sec. 5. 
		Declaration of purpose. 
		The General Assembly finds and
declares that it is in the public interest to reduce the incidence,
severity, and expenditures associated with the accidental, intentional, and
environmental poisoning of children, adults, and animals; to educate the
public and health professionals concerning the prevention and treatment of
hazardous exposures; and to ensure that adequate poison control services
are available on a statewide basis.  The General Assembly believes that the
people of the State of Illinois will benefit from the provision of poison
control activities because these activities will reduce the number of
accidental poisonings, provide immediate medical information, and lower health
care costs.  In addition, poison control activities will reduce the number of
deaths, reduce emotional stress, promote faster recovery, and provide more cost
effective treatment for poisoning exposures.  The General Assembly also finds
that a statewide poison control system covering human and animal exposures can
utilize animal exposures as monitors of environmental quality and human risk,
provide for a complete epidemiological surveillance of poisoning, reduce the
economic impact from livestock loss due to poisoning and help maintain a safe
food supply, and avoid duplication of services and waste.  A statewide system
will also increase preparedness for toxicological disasters and provide
antidote depots.  It is the purpose of this Act to establish a comprehensive,
statewide regional poison control system so that any person may obtain expert
hazard, toxicology, and treatment information on a 24 hours basis.
		(Source: P.A. 87-1145.) (410 ILCS 47/10)Sec. 10. 
		Definitions. 
		As used in this Act:"Human poison control center" means an emergency public health service
providing toxicity, hazard, and treatment information, case documentation, and
follow-up calls.  A human poison control center is staffed, in part, by
professionals dedicated solely to the operation of the center while staffing
the center, provides  a 24 hour a day toll-free telephone access, and provides
the public and health professionals with educational programs on poison
prevention and treatment."Animal poison control center" means an emergency animal oriented service
providing toxicity, hazard, and treatment information, case documentation, and
follow-up calls.  An animal poison control center is staffed with veterinarians
dedicated solely to the operation of the center on a 24 hour a day basis with
toll-free telephone access, and provides the public and health professionals
with educational programs on poison prevention and treatment."Regional poison control center" means a human poison control center
designated by the Illinois Department of Public Health, or an animal poison
control center designated by the Illinois Department of Agriculture under
Section 15.
		(Source: P.A. 87-1145.) (410 ILCS 47/13)Sec. 13. Funding; study. To ensure the stability of funding for the Illinois Poison Control System, the Department of Public Health and the Illinois Poison Advisory Board shall conduct a study to determine the feasibility of establishing a formula that sets State goals for funding the System. As part of the study, the Department of Public Health and the Illinois Poison Advisory Board shall consider the adoption of a formula of funding for the Illinois Poison Control System that establishes a minimum threshold of funding set on a per capita basis. Also, as part of the study, the Department of Public Health and the Illinois Poison Advisory Board shall consider the feasibility of implementing a separate source of funding for the Illinois Poison Control System separate from the General Revenue Fund. The Department of Public Health and the Illinois Poison Advisory Board shall complete the study by December 31, 2005 and shall present their findings to the Illinois General Assembly for its consideration.
(Source: P.A. 93-729, eff. 7-14-04.) (410 ILCS 47/15)Sec. 15. Regional center designation. By January 1, 1993, the Director of
the Illinois Department of Public Health shall designate at least one and no more
than 3 human poison control centers.  The director of the Illinois Department
of Agriculture shall designate one animal poison control center as regional
poison control center to provide comprehensive poison control center services
for animal exposures by January 1, 1993.  The services provided by the centers
shall adhere to the appropriate national standards promulgated by the American
Association of Poison Control Centers and the Illinois State Veterinary Medical
Association; adherence to these standards shall occur within 2 years after
designation by the respective departments, unless the center has been
granted an extension by the Illinois Department of Public Health or the
Illinois Department of Agriculture. The 2-year period shall automatically
be extended for an additional 2 years if funding was not secured after a
poison control center's initial designation.  The designated departments shall
set standards of operation after consulting with current poison control service
providers. Poison control centers shall cooperate to reduce the cost of
operations, collect information on poisoning exposures, and provide education
to the public and health professionals.  A regional poison control center shall
continue to operate unless it voluntarily closes or the designating departments
revoke the designation for failure to comply with the standards.  Centers
designated under this Act shall be considered State agencies for purposes of
the State Employee Indemnification Act.
(Source: P.A. 97-135, eff. 7-14-11.)
(410 ILCS 48/1)Sec. 1. Short title. This Act may be cited as the Brominated Fire Retardant Prevention Act.
(Source: P.A. 94-100, eff. 7-1-05.) (410 ILCS 48/5)Sec. 5. Legislative findings.(a) Chemicals known as brominated flame retardants (BFR's) are widely used in the United States.  To meet stringent fire standards, manufacturers add BFR's to a multitude of products, including plastic housing of electronics and computers, circuit boards, and the foam and textiles used in furniture.(b) Polybrominated diphenyl ether (PBDE), which is a subcategory of BFR's, has increased forty-fold in human breast milk since the 1970s.(c) PBDE has the potential to disrupt thyroid hormone balance and contribute to a variety of developmental deficits, including low intelligence and learning disabilities.  PBDE may also have the potential to cause cancer.(d) Substantial efforts to eliminate BFR's from products have been made throughout the world, including private and public sectors.  These efforts have made available numerous alternatives safe to human health while meeting stringent fire standards.  To meet market demand, it is in the interest of State manufacturers to eliminate the use of BFR's.(e) In order to protect the public health and the environment, the General Assembly believes it is necessary  for the State to develop a precautionary approach regarding the production, use, storage, and disposal of products containing brominated fire retardants.  
(Source: P.A. 94-100, eff. 7-1-05.) (410 ILCS 48/10)Sec. 10. Definitions. In this Act:"DecaBDE" means decabromodiphenyl ether."OctaBDE" means octabromodiphenyl ether."PBDE" means polybrominated diphenyl ether."PentaBDE" means pentabromodiphenyl ether.  
(Source: P.A. 94-100, eff. 7-1-05.) (410 ILCS 48/15)Sec. 15. Regulation of brominated flame retardant.(a) Effective January 1, 2006, a person may not manufacture, process, or distribute in commerce a product or a flame-retarded part of a product containing more than one-tenth of 1% of pentaBDE or octaBDE.(b) Subsection (a) of this Section does not apply to the following:(1) The sale by a business, charity, or private party     of any used product containing PBDE.(2) The distribution in commerce of original     equipment manufacturer replacement service parts manufactured prior to the effective date of this Act.(3) The processing of recycled material containing     pentaBDE or octaBDE in compliance with applicable State and federal laws. (Source: P.A. 94-100, eff. 7-1-05.) (410 ILCS 48/20)Sec. 20. Penalty. A person who violates Section 15 of this Act is guilty of a business offense and upon conviction shall be subject to a fine of not less than $10,000 and not more than $25,000 for each violation.  
(Source: P.A. 94-100, eff. 7-1-05.) (410 ILCS 48/25)Sec. 25. (Repealed).
	 
	 (Source: P.A. 94-100, eff. 7-1-05. Repealed by P.A. 100-621, eff. 7-20-18.) (410 ILCS 48/30)Sec. 30. (Repealed).
	 
	 (Source: P.A. 94-100, eff. 7-1-05. Repealed by P.A. 100-621, eff. 7-20-18.) (410 ILCS 48/35)Sec. 35. Transportation of products containing PBDEs. Nothing in this Act restricts a manufacturer, importer, or distributor from transporting products containing PBDEs through this State or storing PBDEs in this State for further distribution.


(Source: P.A. 94-100, eff. 7-1-05.) (410 ILCS 48/99)Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 94-100, eff. 7-1-05.)
(410 ILCS 5/1) (from Ch. 21, par. 251)Sec. 1. 
		This Act shall be known and may be cited as the Burial of Dead Bodies Act. 
		(Source: P.A. 84-405.) (410 ILCS 5/2) (from Ch. 21, par. 252)Sec. 2. 
		
		(a) All dead human bodies or the remains of persons interred
in the earth within this State which are not encased in a concrete,
fiberglass, or other similar hardback outer enclosure shall have a cover
of not less than 18 inches of earth at the shallowest point over the
receptacle in which such body or remains are placed.(b) Any person who knowingly buries a dead human body or the remains of
a person in violation of this Act is guilty of a petty offense.(c) No home rule unit, as defined in Section 6 of Article VII of the
Illinois Constitution, may change, alter or amend in any way the provisions
contained in this Act, and it is declared to be the law of this State,
pursuant to subsections (h) and (i) of Section 6 of Article VII of the
Illinois Constitution, that powers and functions authorized by this Act are
the subjects of exclusive State jurisdiction, and no such powers or
functions may be exercised concurrently, either directly or indirectly, by
any home rule unit.
		(Source: P.A. 86-293.)
(410 ILCS 50/0.01) (from Ch. 111 1/2, par. 5400)Sec. 0.01. 
		Short Title. 
		This Act may be cited as the Medical Patient Rights Act.
		(Source: P.A. 86-1324.) (410 ILCS 50/1) (from Ch. 111 1/2, par. 5401)Sec. 1. 
		
		The purpose of this Act is to establish certain rights for medical
patients and to provide a penalty for the violation thereof.
		(Source: P.A. 81-1167.) (410 ILCS 50/2) (from Ch. 111 1/2, par. 5402)Sec. 2. 
		
		As used in this Act, unless the context otherwise requires, the
terms specified in Sections 2.01 through 2.05 have the meanings
ascribed to them in those Sections.
		(Source: P.A. 86-820; 86-1355; 86-1475.) (410 ILCS 50/2.01) (from Ch. 111 1/2, par. 5402.01)Sec. 2.01. 
		
		"Patient" means any person who has received or is receiving
medical care, treatment or services from an individual or institution licensed
to provide medical care or treatment in this State.
		(Source: P.A. 81-1167.) (410 ILCS 50/2.02) (from Ch. 111 1/2, par. 5402.02)Sec. 2.02. 
		
		"Health services corporation" means any corporation issuing
a plan for medical or hospital services or for the payment or reimbursement
of expenses arising from such services.
		(Source: P.A. 81-1167.) (410 ILCS 50/2.03) (from Ch. 111 1/2, par. 5402.03)Sec. 2.03. 
"Health care provider" means any public or private facility
that provides, on an inpatient or outpatient basis, preventive, diagnostic,
therapeutic, convalescent, rehabilitation, mental health, or intellectual disability 
services, including general or special hospitals, skilled nursing homes,
extended care facilities, intermediate care facilities and mental health centers.
(Source: P.A. 97-227, eff. 1-1-12.) (410 ILCS 50/2.04) (from Ch. 111 1/2, par. 5402.04)Sec. 2.04. 
		
		"Insurance company" means (1) an insurance company, fraternal
benefit society, and any other insurer subject to regulation under the
Illinois Insurance Code; or (2) a health maintenance organization.
		(Source: P.A. 85-677; 85-679.) (410 ILCS 50/2.05) (from Ch. 111 1/2, par. 5402.05)Sec. 2.05. 
		
		"Experimental procedures" means a research program or an
experimental procedure, as defined under the rules and regulations of the
Hospital Licensing Act.
		(Source: P.A. 86-1355.) (410 ILCS 50/3) (from Ch. 111 1/2, par. 5403)Sec. 3. The following rights are hereby established:(a) The right of each patient to care consistent with     sound nursing and medical practices, to be informed of the name of the physician responsible for coordinating his or her care, to receive information concerning his or her condition and proposed treatment, to refuse any treatment to the extent permitted by law, and to privacy and confidentiality of records except as otherwise provided by law.(b) The right of each patient, regardless of source     of payment, to examine and receive a reasonable explanation of his total bill for services rendered by his physician or health care provider, including the itemized charges for specific services received.  Each physician or health care provider shall be responsible only for a reasonable explanation of those specific services provided by such physician or health care provider.(c) In the event an insurance company or health     services corporation cancels or refuses to renew an individual policy or plan, the insured patient shall be entitled to timely, prior notice of the termination of such policy or plan.An insurance company or health services corporation     that requires any insured patient or applicant for new or continued insurance or coverage to be tested for infection with human immunodeficiency virus (HIV) or any other identified causative agent of acquired immunodeficiency syndrome (AIDS) shall (1) give the patient or applicant prior written notice of such requirement, (2) proceed with such testing only upon the written authorization of the applicant or patient, and (3) keep the results of such testing confidential.  Notice of an adverse underwriting or coverage decision may be given to any appropriately interested party, but the insurer may only disclose the test result itself to a physician designated by the applicant or patient, and any such disclosure shall be in a manner that assures confidentiality.The Department of Insurance shall enforce the     provisions of this subsection.(d) The right of each patient to privacy and     confidentiality in health care. Each physician, health care provider, health services corporation and insurance company shall refrain from disclosing the nature or details of services provided to patients, except that such information may be disclosed: (1) to the patient, (2) to the party making treatment decisions if the patient is incapable of making decisions regarding the health services provided, (3) for treatment in accordance with 45 CFR 164.501 and 164.506, (4) for payment in accordance with 45 CFR 164.501 and 164.506, (5) to those parties responsible for peer review, utilization review, and quality assurance, (6) for health care operations in accordance with 45 CFR 164.501 and 164.506, (7) to those parties required to be notified under the Abused and Neglected Child Reporting Act or the Illinois Sexually Transmissible Disease Control Act, or (8) as otherwise permitted, authorized, or required by State or federal law.  This right may be waived in writing by the patient or the patient's guardian or legal representative, but a physician or other health care provider may not condition the provision of services on the patient's, guardian's, or legal representative's agreement to sign such a waiver. In the interest of public health, safety, and welfare, patient information, including, but not limited to, health information, demographic information, and information about the services provided to patients, may be transmitted to or through a health information exchange, as that term is defined in Section 2 of the Mental Health and Developmental Disabilities Confidentiality Act, in accordance with the disclosures permitted pursuant to this Section.  Patients shall be provided the opportunity to opt out of their health information being transmitted to or through a health information exchange in accordance with the regulations, standards, or contractual obligations adopted by the Illinois Health Information Exchange Office in accordance with Section 9.6 of the Mental Health and Developmental Disabilities Confidentiality Act, Section 9.6 of the AIDS Confidentiality Act, or Section 31.8 of the Genetic Information Privacy Act, as applicable.  In the case of a patient choosing to opt out of having his or her information available on an HIE, nothing in this Act shall cause the physician or health care provider to be liable for the release of a patient's health information by other entities that may possess such information, including, but not limited to, other health professionals, providers, laboratories, pharmacies, hospitals, ambulatory surgical centers, and nursing homes. (Source: P.A. 101-649, eff. 7-7-20.) (410 ILCS 50/3.1) (from Ch. 111 1/2, par. 5403.1)Sec. 3.1. 
		
		(a) Any patient who is the subject of a research program or
an experimental procedure, as defined under the rules and regulations of
the Hospital Licensing Act, shall have, at a minimum, the right to receive
an explanation of the nature and possible consequences of such research or
experiment before the research or experiment is conducted, and to consent
to or reject it.(b) No physician may conduct any research program or experimental
procedure on a patient without the prior informed consent of the patient
or, if the patient is unable to consent, the patient's guardian, spouse,
parent, or authorized agent.(c) This Section shall not apply to any research program or medical
experimental procedure for patients subject to a life-threatening emergency
that is conducted in accordance with Part 50 of Title 21 of, and Part 46 of
Title 45 of, the Code of Federal Regulations.
		(Source: P.A. 90-36, eff. 6-27-97.) (410 ILCS 50/3.2) (from Ch. 111 1/2, par. 5403.2)Sec. 3.2. Visitation rights, policies, and procedures.(a) Every health care facility in this State shall permit
visitation by any person or persons designated by a patient who is 18 years
of age or older and who is allowed rights of visitation unless (1) the
facility does not allow any visitation for a patient or patients, or (2)
the facility or the patient's physician determines that visitation would
endanger the physical health or safety of a patient or visitor, or would
interfere with the operations of the facility.(a-5) Notwithstanding subsection (a), during a period for which the Governor has issued a proclamation under Section 7 of the Illinois Emergency Management Agency Act declaring that a disaster exists or in the event of an outbreak or epidemic of a communicable disease in the community in which the health care facility is located, a health care facility shall ensure an opportunity for at least one visitor to visit a resident or patient of the health care facility.  A health care facility shall not count a clergy member toward any limit on the number of visitors permitted to visit a resident or patient at one time and shall permit a clergy member to visit with a resident or patient in addition to the permitted number of visitors. Visitation shall be subject to the guidelines, conditions, and limitations of the health care facility's visitation policy and any rules or guidelines established by the U.S. Centers for Medicare and Medicaid Services and the Centers for Disease Control and Prevention.Visitors under this subsection may be required by the health care facility to submit to health screenings necessary to prevent the spread of infectious disease. A health care facility may restrict facility access to a visitor who does not pass its health screening requirement.  A health care facility may require a visitor to adhere to infection control procedures, including wearing personal protective equipment.  A health care facility may deny visitation under this Act if visitation would endanger the physical health or safety of a patient, the visitor, or health care workers or would otherwise create a public health or safety problem.(a-10) Notwithstanding subsection (a), a skilled nursing home, extended care facility, or intermediate care facility may prohibit  an individual from visiting  a resident or patient of the nursing home or facility if specific facts demonstrate that the  individual would endanger his or her physical health or safety  or the health or safety of  a resident, patient, or health care worker of the nursing home or facility. Any denial of visitation under this subsection (a-10) shall be in writing and shall be provided to the individual and the resident or patient with whom  the individual was denied visitation.(a-15) Each skilled nursing home, extended care facility, and intermediate care facility shall:(1) inform each resident of the nursing home or     facility  (or that individual's representative) of the resident's visitation rights and the nursing home or facility's visitation-related policies and procedures, including any clinical or safety-related  restriction or limitation on visitation rights, the reasons for the restriction or limitation, and the persons to whom the restriction or limitation may apply;(2) inform each resident of the resident's right:(A) to consent to receive designated  visitors,         such as a spouse, including, without limitation, a same-sex spouse;  a domestic partner, including, without limitation, a same-sex domestic partner; another family member; or a friend; and(B) to withdraw or deny that consent at any time;(3) not restrict, limit, or otherwise deny visitation     privileges on the basis of race, color, national origin, religion, sex, gender identity, sexual orientation, or disability; and(4) ensure that all of the resident's visitors enjoy     full and equal visitation privileges, consistent with the resident's preferences.(b) Except as provided in subsection (a-5), nothing in this Section shall be construed to further limit or
restrict the right of visitation provided by other provisions of law or to restrict the ability of a health care facility to regulate hours of visitation, the number of visitors per patient, or the movement of visitors within the health care facility.(c) For the purposes of this Section a "health care facility" does not
include a developmental disability facility, a mental health facility or a
mental health center.
(Source: P.A. 102-989, eff. 5-27-22.) (410 ILCS 50/3.3)Sec. 3.3. Prohibition on the markup of anatomic pathology services.(a) A physician who orders, but who does not supervise or perform, an anatomic pathology service shall disclose in a bill for such service presented to the patient:(1) the name and address of the physician or     laboratory that provided the anatomic pathology service; and(2) the actual amount paid or to be paid for each     anatomic pathology service provided to the patient by the physician or laboratory that performed the service.(b) A physician subject to the requirement of subsection (a) of this Section when billing a patient, insurer, or third-party payer shall not markup, or directly or indirectly increase, the amount subject to disclosure under paragraph (2) of subsection (a) of this Section in any bill presented to a patient, insurer, or third-party payer.(c)  This Section does not prohibit a referring physician from charging a specimen acquisition or processing charge if:(1) the charge is limited to actual costs incurred     for specimen collection and transportation; and(2) the charge is separately coded or denoted as a     service distinct from the performance of the anatomic pathology service, in conformance with the coding policies of the American Medical Association.(d) The requirements of this Section do not apply to an anatomic pathology service ordered or provided by:(1) facilities licensed under the Hospital Licensing     Act or the University of Illinois Hospital Act or clinical laboratories owned, operated by, or operated within facilities licensed under the Hospital Licensing Act or the University of Illinois Hospital Act;(2) any public health clinic or nonprofit health     clinic; or(3) any government agency, or their specified public     or private agents.(e) No patient, insurer, or other third-party payer, shall be required to reimburse any   licensed health care professional for charges or claims submitted in violation of this Section.(f) A person who receives a bill for an anatomic pathology service made in knowing and willful violation of this Section may maintain an action to recover the actual amount paid for the bill.(g) The Department of Insurance shall enforce the provisions of this Section for any bill submitted to a payer in violation of this Section.(h)   For the purposes of this Section, "anatomic pathology services" means:(1)    histopathology or surgical pathology, meaning     the gross and microscopic examination performed by a physician or under the supervision of a physician, including histologic processing;(2)    cytopathology, meaning the microscopic     examination of cells from  (A) fluids, (B) aspirates, (C) washings, (D) brushings, or (E) smears, including the Pap smear test examination performed by a physician or under the supervision of a physician;(3)    hematology, meaning the microscopic evaluation     of bone marrow aspirates and biopsies performed by a physician, or under the supervision of a physician, and peripheral blood smears when the attending or treating physician or technologist requests that a blood smear be reviewed by a pathologist;(4)    sub-cellular pathology or molecular pathology,     meaning the assessment of a patient specimen for the detection, localization, measurement, or analysis of one or more protein or nucleic acid targets; and(5)   blood-banking services performed by     pathologists.(Source: P.A. 98-1127, eff. 1-1-15.) (410 ILCS 50/3.4)Sec. 3.4. Rights of women; pregnancy and childbirth.(a) In addition to any other right provided under this Act, every woman has the following rights with regard to pregnancy and childbirth:(1) The right to receive health care before, during,     and after pregnancy and childbirth.(2) The right to receive care for her and her infant     that is consistent with generally accepted medical standards.(3) The right to choose a certified  nurse midwife or     physician as her maternity care professional.(4) The right to choose her birth setting from the     full range of birthing options available in her community.(5)  The right to leave her maternity care     professional and select another if she becomes dissatisfied with her care, except as otherwise provided by law.(6) The right to receive information about the names     of those health care professionals involved in her care.(7) The right to privacy and confidentiality of     records, except as provided by law.(8) The right to receive information concerning her     condition and proposed treatment, including methods of relieving pain.(9) The right to accept or refuse any treatment, to     the extent medically possible.(10) The right to be informed  if her caregivers wish     to enroll her or her infant in a research study in accordance with Section 3.1 of this Act.(11) The right to access her medical records in     accordance with Section 8-2001 of the Code of Civil Procedure.(12)  The right to receive information in a language     in which she can communicate in accordance with federal law.(13) The right to  receive emotional and physical     support during labor and birth.(14) The right to freedom of movement during labor     and to give birth in the position of her choice, within generally accepted medical standards.(15) The right to contact with her newborn, except     where necessary care must be provided to the mother or infant.(16) The right to receive information about     breastfeeding.(17) The right to decide collaboratively with     caregivers when she and her baby will leave the birth site for home, based on their conditions and circumstances.(18) The right to be treated with respect at all     times before, during, and after pregnancy by her health care professionals.(19) The right of each patient, regardless of source     of payment, to examine and receive a reasonable explanation of her total bill for services rendered by her maternity care professional or health care provider, including itemized charges for specific services received. Each maternity care professional or health care provider shall be responsible only for a reasonable explanation of those specific services provided by the maternity care professional or health care provider.(b) The Department of Public Health, Department of Healthcare and Family Services, Department of Children and Family Services, and Department of Human Services shall post, either by physical or electronic means,  information about these rights on their publicly available websites. Every health care provider, day care center licensed under the Child Care Act of 1969, Head Start, and community center shall post information about these rights in a prominent place and on their websites, if applicable.(c) The Department of Public Health shall adopt rules to implement this Section.(d) Nothing in this Section or any rules adopted under subsection (c) shall be construed to require a physician, health care professional, hospital, hospital affiliate, or health care provider to provide care inconsistent with generally accepted medical standards or available capabilities or resources. 
(Source: P.A. 101-445, eff. 1-1-20; 102-4, eff. 4-27-21.) (410 ILCS 50/4) (from Ch. 111 1/2, par. 5404)Sec. 4. 
		Violations. 
		Any physician or health care provider that violates
a patient's rights as set forth in subparagraph (b) of Section 3
is guilty of a petty offense and shall be fined $500.  Any insurance company
or health service corporation that violates a patient's rights as set forth
in subparagraph (c) of Section 3 is guilty of a petty offense and
shall be fined $1,000.  Any physician, health care provider, health services
corporation or insurance company that violates a patient's rights as set forth
in subsection (d) of Section 3 is guilty of a petty offense and
shall be fined $1,000.
		(Source: P.A. 92-651, eff. 7-11-02.) (410 ILCS 50/5)Sec. 5. Statement of hospital patient's rights.(a) Each patient admitted to a hospital, and the guardian or authorized
representative or parent of a minor patient, shall be given a written
statement of all the rights enumerated in this Act, or a similar statement of
patients' rights required of the hospital by the Joint Commission on
Accreditation of Healthcare Organizations or a similar accrediting
organization.  The statement shall be given at the time of admission or as soon
thereafter as the condition of the patient permits.(b) If a patient is unable to read the written statement, a hospital
shall make a reasonable effort to provide it to the guardian or authorized
representative of the patient.(c) The statement shall also include the right not to be discriminated against by the hospital due to the patient's race, color, or national origin where such characteristics are not relevant to the patient's medical diagnosis and treatment.  The statement shall further provide each admitted patient or the patient's representative or guardian with notice of how to initiate a grievance regarding improper discrimination with the hospital and how the patient may lodge a grievance with the Illinois Department of Public Health and the Illinois Department of Human Rights regardless of whether the patient has first used the hospital's grievance process.
(Source: P.A. 97-485, eff. 8-22-11.) (410 ILCS 50/5.1)Sec. 5.1. Discrimination grievance procedures. Upon receipt of a grievance alleging unlawful discrimination on the basis of race, color, or national origin, the hospital must investigate the claim and work with the patient to address valid or proven concerns in accordance with the hospital's grievance process. At the conclusion of the hospital's grievance process, the hospital shall inform the patient that such grievances may be reported to the Illinois Department of Public Health if not resolved to the patient's satisfaction at the hospital level.
(Source: P.A. 97-485, eff. 8-22-11.) (410 ILCS 50/5.2)Sec. 5.2. Emergency room anti-discrimination notice. Every hospital shall post, either by physical or electronic means,  a sign next to or in close proximity of its sign required by Section 489.20(q)(1) of Title 42 of the  Code of Federal Regulations stating the following:"You have the right not to be discriminated against by the hospital due to your race, color, or national origin if these characteristics are unrelated to your diagnosis or treatment.  If you believe this right has been violated, please call (insert number for hospital grievance officer).".
(Source: P.A. 102-4, eff. 4-27-21.) (410 ILCS 50/6)Sec. 6. Identification badges. A health care facility that provides treatment or care to a patient in this
State
shall require each employee of or volunteer for the facility, including a
student, who examines or treats
a patient or resident of the facility to wear an identification badge that
readily discloses the first name, licensure status, if any, and staff position
of the person examining or treating the patient or resident. This Section does not apply to a facility licensed or certified under the ID/DD Community Care Act, the MC/DD Act, or the Community-Integrated Living Arrangements Licensure and Certification Act. 
(Source: P.A. 98-243, eff. 1-1-14; 98-890, eff. 1-1-15; 99-180, eff. 7-29-15.) (410 ILCS 50/7)Sec. 7. Patient examination. Any physician, medical student, resident, advanced practice registered nurse, registered nurse, or physician assistant who provides treatment or care to a patient shall inform the patient of his or her profession upon providing the treatment or care, which includes but is not limited to any physical examination, such as a pelvic examination.  In the case of an unconscious patient, any care or treatment must be related to the patient's illness, condition, or disease.
(Source: P.A. 100-513, eff. 1-1-18.) (410 ILCS 50/99)Sec. 99. 
		This Act takes effect on becoming a law. 
		(Source: P.A. 88-670, eff. 12-2-94.)
(410 ILCS 503/1)Sec. 1. 
		Short title. 
		This Act may be cited as the Arthritis Quality of Life Initiative Act.
		(Source: P.A. 91-750, eff. 1-1-01.) (410 ILCS 503/5)Sec. 5. Legislative findings. The General Assembly finds and declares
that:(1) Arthritis is the most common, physically     disabling, and costly chronic disease in the United States; it affects 14.5% of the population or more than 40,000,000 Americans of all ages. One in every 7 people and one in every 3 families are affected by the disease.(2) Arthritis is the nation's number one disabling     disease and disables 7,000,000 Americans. It is one of the most common and disabling chronic conditions reported by women and far exceeds the reporting of hypertension, heart disease, diabetes, and breast, cervical, and ovarian cancers.(3) With an aggregate cost of about 1.1% of the gross     national product or an estimated $64,800,000,000 annually in medical expenses, lost wages, and associated economic losses, arthritis and other rheumatic diseases have a significant economic impact on the nation.(4) As the leading cause of industrial absenteeism     after the common cold, arthritis accounts nationally for 500,000,000 days of restricted activity and 27,000,000 days lost from work each year.(5) The federal Centers for Disease Control and     Prevention project that by the year 2020, the incidence of arthritis will increase by 59% in the State and throughout the country, affecting 20% of the population.(6) Programs and services presently are available     that can dramatically impact on early diagnosis and treatment as well as the quality of life of people with arthritis.(7) A mechanism for broader dissemination of these     programs and services aimed at prevention, information, and education is needed to help reduce the physical and emotional impact of arthritis and its associated health care and related costs.(Source: P.A. 97-227, eff. 1-1-12.) (410 ILCS 503/10)Sec. 10. 
		Definitions. 
		In this Act:"Arthritis" means any of the more than 130 types of arthritis and rheumatic
diseases."Department" means the Department of Public Health."Director" means the Director of Public Health."Initiative" means the arthritis quality of life initiative established
pursuant to this Act.
		(Source: P.A. 91-750, eff. 1-1-01.) (410 ILCS 503/15)Sec. 15. 
		Initiative.(a) Subject to appropriation for this purpose, the
Director shall establish an arthritis quality of life initiative in
the Department. The purpose of the initiative is to promote (i) public
awareness
about arthritis, (ii) options for prevention, (iii) the value of early
diagnosis and treatment, and (iv) the delivery of programs and services aimed
at prevention of complications and improvement of quality of life. The
Department may accept, for the purpose of establishing the initiative, any
special grant of money, services, or property from the federal government or
any of its agencies or from the private sector, in addition to moneys provided
by the State.(b) The initiative shall include the following:(1) Development of a list of providers of specialized     services for arthritis, including a cautionary statement about the current status of arthritis research, prevention, and treatment.(2) A public information and outreach campaign     including appropriate educational material to promote early diagnosis and treatment of arthritis and other rheumatic diseases.		(Source: P.A. 91-750, eff. 1-1-01.) (410 ILCS 503/30)Sec. 30. 
		Rules. 
		The Department shall adopt rules necessary to implement
this Act.
		(Source: P.A. 91-750, eff. 1-1-01.)
(410 ILCS 505/0.01) (from Ch. 31, par. 40)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Autopsy Act.
		(Source: P.A. 86-1324.) (410 ILCS 505/1) (from Ch. 31, par. 41)Sec. 1. 
		a. 
		"Physician" means any person authorized to practice
medicine in all its branches in accordance with the Medical Practice
Act of 1987, as amended, and wherever
possible, such "Physician" shall be one having special training in pathology.b.  "Hospital" means any place authorized to operate under the
"Hospital Licensing Act", approved July 1, 1953, as amended, and any
hospital or similar care facility maintained by the State of Illinois or
any department or agency thereof.c.  "Surviving relative" means the spouse, an adult child, the
parent, or an adult brother or sister of the decedent.d.  "Written authorization" means any printed, typed or handwritten
communication signed by the person granting the authorization.
		(Source: P.A. 85-1209.) (410 ILCS 505/2) (from Ch. 31, par. 42)Sec. 2. 
		
		Any physician may perform an autopsy upon the body of a
decedent; provided,a.  he has a written authorization from the decedent (or from an agent
of the decedent as authorized by the decedent under the Powers of Attorney
for Health Care Law, as now or hereafter amended) to do so; orb.  a written authorization from a surviving relative who has the
right to determine the method for disposing of the body or a next of kin
or other person who has such right; orc.  a telegraphic or telephonic authorization from (i) a surviving
relative who has the right to determine the method for disposing of the
body or a next of kin or other person who has such right or (ii) an agent
of the decedent as authorized by the decedent under the Powers of Attorney
for Health Care Law, as now or hereafter amended; provided, the
telegraphic or telephonic authorization is verified, in writing, by at
least 2 persons who were present at the time and place the authorization
was received;d. where 2 or more persons have equal right to determine the method
for disposing of the body, the authorization of only one such person
shall be necessary, unless, before the autopsy is performed, any others
having such equal right shall object in writing or, if not physically
present in the community where the autopsy is to be performed, by
telephonic or telegraphic communication to the physician by whom the
autopsy is to be performed, in which event, the authorization shall be
deemed insufficient.In the case of a suspicious child death, the physician shall be a
pathologist certified by the Department of Public Health's Advisory Board
on Necropsy Services.Authorization may be given to a physician or hospital administrator
or his duly authorized representative, but only a physician shall
perform the autopsy.
		(Source: P.A. 86-736.) (410 ILCS 505/3) (from Ch. 31, par. 43)Sec. 3. 
		
		The authorized personnel of a hospital or other qualified
personnel selected by a physician may assist a physician performing an
autopsy.
		(Source: Laws 1965, p. 2996.) (410 ILCS 505/4) (from Ch. 31, par. 44)Sec. 4. 
		
		The provisions of this Act shall not apply to a case of death
without attendance by a physician, where the decedent was under treatment
by a duly authorized practitioner of a recognized church or religious
denomination which relies upon prayer or spiritual means alone for healing.
		(Source: Laws 1965, p. 2996.) (410 ILCS 505/5) (from Ch. 31, par. 45)Sec. 5. 
		
		Nothing in this Act shall be construed to contravene or
supersede the provisions of "An Act to revise the law in relation to
coroners", approved February 6, 1874, as amended.
		(Source: Laws 1965, p. 2996.)
(410 ILCS 51/1)Sec. 1. Short title. This Act may be cited as the Mercury-Free Vaccine Act.
			
(Source: P.A. 94-614, eff. 1-1-06.) (410 ILCS 51/5)Sec. 5. Banned mercury-containing vaccines.(a) Commencing January 1, 2006, a person shall not be vaccinated with a mercury-containing vaccine that contains more than 1.25 micrograms of mercury per dose.(b) Commencing January 1, 2008, no person shall be vaccinated with a vaccine or injected with any product that contains, or prior to dilution, had contained as an additive, any mercury based product, whether at preservative or trace amount levels.(c) The Department of Public Health shall implement a policy to distribute,

preferentially, influenza vaccines that are thimerosal-free or contain only trace

amounts of thimerosal for the immunization of children under the age of 3

who are participating in the Vaccines for Children program, provided that the

supply of influenza vaccines to health care providers is not impeded by the

exercise of this preference. The Department shall annually communicate this

policy to the General Assembly and health care providers.
					(Source: P.A. 94-614, eff. 1-1-06; 95-409, eff. 1-1-08.) (410 ILCS 51/10)Sec. 10. Exemption.   The Department of Public Health may exempt the use of a vaccine from this Act if the Department finds that an actual or potential bio-terrorist incident or other actual or potential public health emergency, including an epidemic or shortage of supply of a vaccine at a reasonable cost that would prevent a person from receiving the needed vaccine, makes necessary the administration of a vaccine containing more mercury than the maximum level set forth in subsection (a) or subsection (b) of  Section 5 in the case of influenza vaccine.  The exemption shall meet all of the following conditions:(1) The exemption shall not be issued for more than     12 months.(2) At the end of the effective period of any     exemption, the Department may issue another exemption for up to 12 months for the same incident or public health emergency, if the Department makes a determination that any exemption is necessary as set forth in this Section and the Department notifies the legislature and interested parties pursuant to paragraphs (3), (4), and (5).(3) Upon issuing an exemption, the Department shall,     within 48 hours, notify the legislature about any exemption and about the Department's findings justifying the exemption's approval.(4) Upon request for an exemption, the Department     shall notify an interested party, who has expressed his or her interest to the Department in writing, that an exemption request has been made.(5) Upon issuing an exemption, the Department shall,     within 7 days, notify an interested party, who has expressed his or her interest to the Department in writing, about any exemption and about the Department's findings justifying the exemption's approval.(6) Upon issuing an exemption, the Department shall     remind health care  providers to distribute, preferentially, influenza vaccines that are thimerosal-free or  contain only trace amounts of thimerosal for the immunization of children under  the age of 3, provided that the supply of influenza vaccines to health care  providers is not impeded by the exercise of this preference. (Source: P.A. 94-614, eff. 1-1-06; 95-409, eff. 1-1-08.) (410 ILCS 51/15)Sec. 15. Notification. The Department of Public Health shall annually

notify health care providers about the requirements of this Act and encourage

health care providers to increase immunization rates among persons who are

recommended to receive influenza immunization, using all licensed vaccines,

with preference given to influenza vaccines that are thimerosal-free or contain only

trace amounts of thimerosal. The Department shall include this annual

notification on its Internet web site. The Department shall annually report to the General Assembly, on or before December 31, on its efforts to inform health care providers about thimerosal-free vaccines. The Department shall notify health care providers about the availability of influenza vaccines and the most effective time for persons to be vaccinated.
(Source: P.A. 95-409, eff. 1-1-08.)
(410 ILCS 510/0.01) (from Ch. 144, par. 1550)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Cadaver Act.
		(Source: P.A. 86-1324.) (410 ILCS 510/1) (from Ch. 144, par. 1551)Sec. 1. 
		
		Superintendents of penitentiaries, houses of correction and
bridewells, hospitals, state charitable institutions and county homes,
coroners, sheriffs, jailors, funeral directors and all other state,
county, town and city officers, in whose custody is the body of any
deceased person, required to be buried at public expense, shall, in the
absence of disposition of such body, or any part thereof by will or
other written instrument, give permission to any physician or surgeon
licensed in Illinois, or to any medical college or school, or other
institution of higher science education or school of mortuary science,
public or private, of any city, town or county, upon his or their
receipt in writing and request therefor, to receive and remove free of
public charge or expense, after having given proper notice to relatives
or guardians of the deceased, the bodies of such deceased persons about
to be buried at public expense, to be by him or them used within the
state, for advancement of medical, anatomical, biological or mortuary
science. Preference shall be given to medical colleges or schools,
public or private and such bodies to be distributed to and among the
same, equitably, the number assigned to each, being in proportion to the
students of each college or school: except, if any person claiming to
be, and satisfying the proper authorities that he is of kindred of the
deceased asks to have the body for burial, it shall, in the absence of
other disposition of such body, or any part thereof by will, court order
or other written instrument, be surrendered for interment. Any medical
college or school, or other institution of higher science education or
school of mortuary science, public and private, or any officers of the
same, that receive the bodies of deceased persons for the purposes of
scientific study, under the provisions of this Act, shall furnish the
same to students of medicine, surgery and biological or mortuary
sciences, who are under their instruction, at a price not exceeding the
sum of $5 for each and every such deceased body so furnished.
		(Source: Laws 1965, p. 1980.) (410 ILCS 510/2) (from Ch. 144, par. 1552)Sec. 2. 
		
		Any physician or surgeon licensed in Illinois, or any medical
college or school, or other institution of higher science education or
school of mortuary science, public or private, before receiving any dead
body under this Act, shall give to the proper authority a sufficient receipt
and bond that the body shall be used only for the promotion of medical,
anatomical, biological or mortuary science within this State. No dead human
body may be received by a physician or surgeon, medical college or school,
or other institution or school unless the body is accompanied by a Permit
for Disposition of Dead Human Body as provided by Section 21 of the Vital
Records Act and the Rules and Regulations for the Transportation and
Disposal of the Dead as promulgated by the Illinois Department of Public
Health.  Whoever (1) uses a dead human body for any other purpose, or (2)
removes a dead human body beyond the limits of this State, or (3) sells or
buys any dead human body or traffics in dead human bodies; or (4) receives
any dead human body that is not accompanied by a Permit for Disposition of
Dead Human Body, is guilty of a Class A misdemeanor.  Every fine accruing
from a conviction under this Section shall be paid into the common school
fund of the county where the offense was committed.
		(Source: P.A. 87-895.) (410 ILCS 510/3) (from Ch. 144, par. 1553)Sec. 3. 
		
		Any officer refusing to deliver the remains or body of any deceased
person when demanded in accordance with the provisions of this act,
shall be guilty of a petty offense; and for a third offense, or any
offense thereafter, the person shall be guilty of a Class A misdemeanor.
		(Source: P.A. 77-2709.) (410 ILCS 510/4) (from Ch. 144, par. 1554)Sec. 4. 
		
		It shall be the duty of preceptors, professors and teachers,
and all officers of medical colleges or schools, public or private, who
shall receive any dead body or bodies, in pursuance of the provisions of
this act, decently to bury, in some public cemetery, or to cremate the
same in a furnace properly constructed for that purpose, the remains of
all bodies, after they shall have answered the purposes of study
aforesaid, and for any neglect or violation of the provisions of this
act, the party or parties so violating or neglecting, shall, be guilty
of a Class A misdemeanor.
		(Source: P.A. 77-2709.)
(410 ILCS 511/1)Sec. 1. Short title. This Act may be known as the Down Syndrome Information and Awareness Act.
(Source: P.A. 99-142, eff. 1-1-16.) (410 ILCS 511/5)Sec. 5. Definitions.  As used in this Act:"Clearinghouse" means a central institution or agency for the collection, maintenance, and distribution of materials related to Down syndrome."Department" means the Department of Public Health."Down syndrome" means a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21."First call program" means a volunteer group of individuals who make themselves available to parents of children newly diagnosed with Down syndrome."Health care provider" means any physician, hospital facility, or other person that is licensed or otherwise authorized to deliver health care services.

(Source: P.A. 99-142, eff. 1-1-16.) (410 ILCS 511/10)Sec. 10. Down syndrome information. The Department shall make available up-to-date, evidence-based written information about Down syndrome that has been reviewed by medical experts and State and national Down syndrome organizations, including physical, developmental, educational and psychosocial outcomes, life expectancy, clinical course, intellectual and functional development, and treatment options. The written information shall include contact information regarding first call programs and clearinghouses, national, State and local Down syndrome organizations, and other educational and support programs. The Department shall make this information available to persons who render prenatal care, postnatal care, or genetic counseling to parents who receive a prenatal or postnatal diagnosis of Down syndrome.  The Department shall also make this information available to any person who has received a positive test result from a test for Down syndrome.  The information provided under this Section shall be culturally and linguistically appropriate for a woman receiving a positive prenatal diagnosis of Down syndrome and for the family of a child receiving a postnatal diagnosis of Down syndrome.

(Source: P.A. 99-142, eff. 1-1-16.) (410 ILCS 511/15)Sec. 15. Distribution of information to parents. A health care provider who renders prenatal or postnatal care or genetic counselor who renders genetic counseling may, upon receipt of a positive test result from a test for Down syndrome, provide the expectant or new parent with the information provided by the Department under Section 10 of this Act.
(Source: P.A. 99-142, eff. 1-1-16.)
(410 ILCS 513/1)Sec. 1. 
		Short title. 
		This Act may be cited as the Genetic Information Privacy Act.
		(Source: P.A. 90-25, eff. 1-1-98.) (410 ILCS 513/5)Sec. 5. Legislative findings; intent. The General Assembly finds that:(1) The use of genetic testing can be valuable to an     individual.(2) Despite existing laws, regulations, and     professional standards which require or promote voluntary and confidential use of genetic testing information, many members of the public are deterred from seeking genetic testing because of fear that test results will be disclosed without consent in a manner not permitted by law or will be used in a discriminatory manner.(3) The public health will be served by facilitating     voluntary and confidential nondiscriminatory use of genetic testing information.(4) The use of electronic health record systems and     the exchange of patient records, both paper and electronic, through secure means, including through secure health information exchanges, should be encouraged to improve patient health care and care coordination, facilitate public health reporting, and control health care costs, among other purposes.(5) Limiting the use or disclosure of, and requests     for, protected health information to the minimum necessary to accomplish an intended purpose, when being transmitted by or on behalf of a covered entity under HIPAA, is a key component of health information privacy.  The disclosure of genetic information, when allowed by this Act, shall be performed in accordance with the minimum necessary standard when required under HIPAA. (Source: P.A. 98-1046, eff. 1-1-15.) (410 ILCS 513/10)Sec. 10. Definitions. As used in this Act:"Office" means the Illinois Health Information Exchange Office established pursuant to the Illinois Health Information Exchange and Technology Act."Business associate" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103."Covered entity" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103."De-identified information" means health information that is not individually identifiable as described under HIPAA, as specified in 45 CFR 164.514(b)."Disclosure" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103."Employer" means the State of Illinois, any unit of local government, and any board, commission, department, institution, or school district, any party to a public contract, any joint apprenticeship or training committee within the State, and every other person employing employees within the State."Employment agency" means both public and private employment agencies and any person, labor organization, or labor union having a hiring hall or hiring office regularly undertaking, with or without compensation, to procure opportunities to work, or to procure, recruit, refer, or place employees."Family member" means, with respect to an individual, (i) the spouse of the individual; (ii) a dependent child of the individual, including a child who is born to or placed for adoption with the individual; (iii) any other person qualifying as a covered dependent under a managed care plan; and (iv) all other individuals related by blood or law to the individual or the spouse or child described in subsections (i) through (iii) of this definition."Genetic information" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103."Genetic monitoring" means the periodic examination of employees to evaluate acquired modifications to their genetic material, such as chromosomal damage or evidence of increased occurrence of mutations that may have developed in the course of employment due to exposure to toxic substances in the workplace in order to identify, evaluate, and respond to effects of or control adverse environmental exposures in the workplace."Genetic services" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103."Genetic testing" and "genetic test" have the meaning ascribed to "genetic test" under HIPAA, as specified in 45 CFR 160.103. "Genetic testing" includes direct-to-consumer commercial genetic testing."Health care operations" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 164.501."Health care professional" means (i) a licensed physician, (ii) a licensed physician assistant, (iii) a licensed advanced practice registered nurse, (iv) a licensed dentist, (v) a licensed podiatrist, (vi) a licensed genetic counselor, or (vii) an individual certified to provide genetic testing by a state or local public health department."Health care provider" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103."Health facility" means a hospital, blood bank, blood center, sperm bank, or other health care institution, including any "health facility" as that term is defined in the Illinois Finance Authority Act."Health information exchange" or "HIE" means a health information exchange or health information organization that exchanges health information electronically that (i) is established pursuant to the Illinois Health Information Exchange and Technology Act, or any subsequent amendments thereto, and any administrative rules promulgated thereunder; (ii) has established a data sharing arrangement with the Office; or (iii) as of August 16, 2013, was designated by the Illinois Health Information
Exchange Authority (now Office) Board as a member of, or was represented on, the Authority Board's Regional Health Information Exchange Workgroup; provided that such designation
shall not require the establishment of a data sharing arrangement or other participation with the Illinois Health
Information Exchange or the payment of any fee.  In certain circumstances, in accordance with HIPAA, an HIE will be a business associate."Health oversight agency" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 164.501."HIPAA" means the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended by the Health Information Technology for Economic and Clinical Health Act of 2009, Public Law 111-05, and any subsequent amendments thereto and any regulations promulgated thereunder."Insurer" means (i) an entity that is subject to the jurisdiction of the Director of Insurance and (ii) a
managed care plan."Labor organization" includes any organization, labor union, craft union, or any voluntary unincorporated association designed to further the cause of the rights of union labor that is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or apprenticeships or applications for apprenticeships, or of other mutual aid or protection in connection with employment, including apprenticeships or applications for apprenticeships."Licensing agency" means a board, commission, committee, council, department, or officers, except a judicial officer, in this State or any political subdivision authorized to grant, deny, renew, revoke, suspend, annul, withdraw, or amend a license or certificate of registration."Limited data set" has the meaning ascribed to it under HIPAA, as described in 45 CFR 164.514(e)(2)."Managed care plan" means a plan that establishes, operates, or maintains a
network of health care providers that have entered into agreements with the
plan to provide health care services to enrollees where the plan has the
ultimate and direct contractual obligation to the enrollee to arrange for the
provision of or pay for services
through:(1) organizational arrangements for ongoing quality     assurance, utilization review programs, or dispute resolution; or(2) financial incentives for persons enrolled in the     plan to use the participating providers and procedures covered by the plan.A managed care plan may be established or operated by any entity including
a licensed insurance company, hospital or medical service plan, health
maintenance organization, limited health service organization, preferred
provider organization, third party administrator, or an employer or employee
organization."Minimum necessary" means HIPAA's standard for using, disclosing, and requesting protected health information found in 45 CFR 164.502(b) and 164.514(d)."Nontherapeutic purpose" means a purpose that is not intended to improve or preserve the life or health of the individual whom the information concerns."Organized health care arrangement" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103."Patient safety activities" has the meaning ascribed to it under 42 CFR 3.20."Payment" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 164.501."Person" includes any natural person, partnership, association, joint venture, trust, governmental entity, public or private corporation, health facility, or other legal entity."Protected health information" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 164.103."Research" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 164.501."State agency" means an instrumentality of the State of Illinois and any instrumentality of another state which pursuant to applicable law or a written undertaking with an instrumentality of the State of Illinois is bound to protect the privacy of genetic information of Illinois persons."Treatment" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 164.501."Use" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103, where context dictates. (Source: P.A. 100-513, eff. 1-1-18; 101-132, eff. 1-1-20; 101-649, eff. 7-7-20.) (410 ILCS 513/15)Sec. 15. Confidentiality of genetic information.(a) Except as otherwise provided in this Act, genetic testing and
information derived from genetic testing is confidential and privileged and may
be released only to the individual tested and to persons specifically
authorized, in writing in accordance with Section 30,  by that individual to
receive the information.  Except as otherwise provided in subsection (b) and in
Section 30, this information shall not be admissible as evidence, nor
discoverable in any action
of any kind in any court, or before any tribunal, board, agency, or person
pursuant to Part 21 of Article VIII of the Code of Civil Procedure.  No
liability shall attach
to any hospital, physician, or other health care provider for compliance with
the provisions of this Act including a specific written release by the
individual in accordance with this Act.(b) When a biological sample is legally obtained by a peace officer for use
in a criminal investigation or prosecution,
information derived from genetic testing of that sample
may be disclosed
for identification purposes
to appropriate law enforcement authorities
conducting the
investigation or prosecution
and may be used in accordance with Section 5-4-3 of the Unified Code of
Corrections.  The information may be used
for identification purposes
during the course of
the investigation or prosecution with respect to the individual tested without
the consent of the individual and shall be admissible as evidence in court.The information shall be confidential and
may be
disclosed only for purposes of criminal investigation or prosecution.Genetic testing and genetic information derived thereof shall be admissible as evidence and discoverable, subject to a protective order, in any actions alleging a violation of this Act, seeking to enforce Section 30 of this Act through the Illinois Insurance Code, alleging discriminatory genetic testing or use of genetic information under the Illinois Human Rights Act or the Illinois Civil Rights Act of 2003, or requesting a workers' compensation claim under the Workers' Compensation Act.(c) If the subject of the information requested by law enforcement is found
innocent of the offense or otherwise not criminally penalized, then the
court
records
shall be expunged by the court within 30 days after the final legal proceeding.
 The court shall notify the subject of the information  of the expungement of
the records in writing.(d) Results of genetic testing that indicate that the individual tested is
at the time of the test afflicted with a disease, whether or not currently
symptomatic,
are not subject to the
confidentiality requirements of this Act.
(Source: P.A. 95-927, eff. 1-1-09.) (410 ILCS 513/20)Sec. 20. Use of genetic testing information for insurance purposes.(a) An insurer may not seek information derived from genetic testing for use
in connection with a policy of accident and health insurance.  Except as
provided in subsection (c), an insurer that receives information derived from
genetic testing, regardless of the source of that information, may not use
the information for a nontherapeutic purpose as it
relates to a policy of accident and health insurance.(b) An insurer shall not use or disclose protected health information that is genetic information for underwriting purposes. For purposes of this Section, "underwriting purposes" means, with respect to an insurer:(1) rules for, or determination of, eligibility     (including enrollment and continued eligibility) for, or determination of, benefits under the plan, coverage, or policy (including changes in deductibles or other cost-sharing mechanisms in return for activities such as completing a health risk assessment or participating in a wellness program);(2) the computation of premium or contribution     amounts under the plan, coverage, or policy (including discounts, rebates, payments in kind, or other premium differential mechanisms in return for activities, such as completing a health risk assessment or participating in a wellness program);(3) the application of any pre-existing condition     exclusion under the plan, coverage, or policy; and(4) other activities related to the creation,     renewal, or replacement of a contract of health insurance or health benefits."Underwriting purposes" does not include determinations of medical appropriateness where an individual seeks a benefit under the plan, coverage, or policy.This subsection (b) does not apply to insurers that are issuing a long-term care policy, excluding a nursing home fixed indemnity plan.(c) An insurer may consider the results of genetic testing in connection
with a policy of accident and health insurance if the individual voluntarily
submits the results and the results are favorable to the individual.(d) An insurer that possesses information derived from genetic testing may
not release the information to a third party, except as specified in this Act.(e) A company providing direct-to-consumer commercial genetic testing is prohibited from sharing any genetic test information or other personally identifiable information about a consumer with any health or life insurance company without written consent from the consumer. (Source: P.A. 101-132, eff. 1-1-20.) (410 ILCS 513/22)Sec. 22. Tests to determine inherited characteristics in paternity
proceedings.  Nothing in this Act shall be construed to affect or restrict in
any way the ordering of or use of results from deoxyribonucleic acid (DNA)
testing or other tests to determine inherited characteristics by the court in a
judicial proceeding under the Illinois Parentage Act of 1984 or under the Illinois Parentage Act of 2015 on and after the effective date of that Act or by the
 Department of Healthcare and Family Services in an administrative paternity proceeding
under Article X of the Illinois Public Aid Code and rules promulgated under
that Article.
(Source: P.A. 99-85, eff. 1-1-16.) (410 ILCS 513/25)Sec. 25. Use of genetic testing information by employers.(a) An employer, employment agency, labor organization, and licensing agency shall treat genetic testing and genetic information in such a manner
that is consistent with the requirements of federal law, including but not
limited to the Genetic Information Nondiscrimination Act of 2008, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act of 1993, the Occupational Safety and Health Act of 1970, the Federal Mine Safety and Health Act of 1977, or the Atomic Energy Act of 1954.(b) An employer may release genetic testing information only in accordance
with this Act.(c)  An employer, employment agency, labor organization, and licensing agency shall not directly or indirectly do any of the following:(1) solicit, request, require or purchase genetic     testing or genetic information of a person or a family member of the person, or administer a genetic test to a person or a family member of the person as a condition of employment, preemployment application, labor organization membership, or licensure;(2) affect the terms, conditions, or privileges of     employment, preemployment application, labor organization membership, or licensure, or terminate the employment, labor organization membership, or licensure of any person because of genetic testing or genetic information with respect to the employee or family member, or information about a request for or the receipt of genetic testing by such employee or family member of such employee;(3) limit, segregate, or classify employees in any     way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee because of genetic testing or genetic information with respect to the employee or a family member, or information about a request for or the receipt of genetic testing or genetic information by such employee or family member of such employee; and(4) retaliate through discharge or in any other     manner against any person alleging a violation of this Act or participating in any manner in a proceeding under this Act.(d) An agreement between a person and an employer,

prospective employer, employment agency, labor organization,
or licensing agency, or its employees, agents, or members
offering the person employment, labor organization membership,
licensure, or any pay or benefit in return for taking a genetic
test is prohibited.(e) An employer shall not use genetic information or
genetic testing in furtherance of a workplace wellness program
benefiting employees unless (1) health or genetic services are offered by the employer, (2) the employee provides written authorization in accordance with Section 30 of this Act, (3) only the employee or family member if the family member is receiving genetic services and the licensed health care professional or licensed genetic counselor involved in providing such services receive individually identifiable information concerning the results of such services, and (4) any individually identifiable information is only available for purposes of such services and shall not be disclosed to the employer except in aggregate terms that do not disclose the identity of specific employees. An employer shall not penalize an employee who does not disclose his or her genetic information or does not choose to participate in a program requiring disclosure of the employee's genetic information.(f) Nothing in this Act shall be construed to prohibit genetic testing of an employee who requests a genetic test and
who provides written authorization, in accordance with
Section 30 of this Act, from taking a genetic test for the
purpose of initiating a workers' compensation
claim under the Workers' Compensation Act.(g) A purchase of commercially and publicly available
documents, including newspapers, magazines, periodicals, and
books but not including medical databases or court records or

inadvertently requesting family medical history by an
employer, employment agency, labor organization, and licensing
agency does not violate this Act.(h) Nothing in this Act shall be construed to prohibit an employer that conducts DNA analysis for law enforcement purposes as a forensic laboratory and that includes such analysis in the Combined DNA Index System pursuant to the federal Violent Crime Control and Law Enforcement Act of 1994 from requesting or requiring genetic testing or genetic information of such employer's employees, but only to the extent that such genetic testing or genetic information is used for analysis of DNA identification markers for quality control to detect sample contamination.(i) Nothing in this Act shall be construed to prohibit an employer from requesting or requiring genetic information to be used for genetic monitoring of the biological effects of toxic substances in the workplace, but only if (1) the employer provides written notice of the genetic monitoring to the employee; (2) the employee provides written authorization under Section 30 of this Act or the genetic monitoring is required by federal or State law; (3) the employee is informed of individual monitoring results; (4) the monitoring is in compliance with any federal genetic monitoring regulations or State genetic monitoring regulations under the authority of the federal Occupational Safety and Health Act of 1970; and (5) the employer, excluding any health care provider,  health care professional, or health facility  that is involved in the genetic monitoring program, receives the results of the monitoring only in aggregate terms that do not disclose the identity of specific employees.(j) Despite lawful acquisition of genetic testing or genetic information under subsections (e) through (i) of this Section, an employer, employment  agency, labor organization, and licensing agency still may not use or disclose the genetic test or genetic information in violation of this Act.(k) Except as provided in subsections (e), (f), (h), and (i) of this Section, a person shall not knowingly sell to or interpret for an employer, employment agency, labor organization, or licensing  agency, or its employees, agents, or members, a genetic test of  an employee, labor organization member, or license holder, or of a prospective employee, member, or license holder. (Source: P.A. 100-396, eff. 1-1-18.) (410 ILCS 513/30)Sec. 30. Disclosure of person tested and test results.(a) No person may disclose or be compelled to disclose the identity of any
person upon whom a genetic test is performed or the results of a genetic test
in a manner that permits identification of the subject of the test, except to
the following persons:(1) The subject of the test or the subject's legally     authorized representative.  This paragraph does not create a duty or obligation under which a health care provider must notify the subject's spouse or legal guardian of the test results, and no such duty or obligation shall be implied.  No civil liability or criminal sanction under this Act shall be imposed for any disclosure or nondisclosure of a test result to a spouse by a physician acting in good faith under this paragraph.  For the purpose of any proceedings, civil or criminal, the good faith of any physician acting under this paragraph shall be presumed.(2) Any person designated in a specific written     legally effective authorization for release of the test results executed by the subject of the test or the subject's legally authorized representative.(3) An authorized agent or employee of a health     facility or health care provider if the health facility or health care provider itself is authorized to obtain the test results, the agent or employee provides patient care, and the agent or employee has a need to know the information in order to conduct the tests or provide care or treatment.(4) A health facility, health care provider, or     health care professional that procures, processes, distributes, or uses:(A) a human body part from a deceased person with         respect to medical information regarding that person; or(B) semen provided prior to the effective date of         this Act for the purpose of artificial insemination.(5) Health facility staff committees for the purposes     of conducting program monitoring, program evaluation, or service reviews.(6) In the case of a minor under 18 years of age, the     health care provider, health care professional, or health facility who ordered the test shall make a reasonable effort to notify the minor's parent or legal guardian if, in the professional judgment of the health care provider, health care professional, or health facility, notification would be in the best interest of the minor and the health care provider, health care professional, or health facility has first sought unsuccessfully to persuade the minor to notify the parent or legal guardian or after a reasonable time after the minor has agreed to notify the parent or legal guardian, the health care provider, health care professional, or health facility has reason to believe that the minor has not made the notification.  This paragraph shall not create a duty or obligation under which a health care provider, health care professional, or health facility must notify the minor's parent or legal guardian of the test results, nor shall a duty or obligation be implied.  No civil liability or criminal sanction under this Act shall be imposed for any notification or non-notification of a minor's test result by a health care provider, health care professional, or health facility acting in good faith under this paragraph. For the purpose of any proceeding, civil or criminal, the good faith of any health care provider, health care professional, or health facility acting under this paragraph shall be presumed.(b) All information and records held by a State agency, local health
authority, or health oversight agency pertaining to genetic information shall be strictly confidential
and
exempt from copying and inspection under the Freedom of Information Act.  The
information and records shall not be released or made public by the State
agency, local health authority, or health oversight agency   and shall not be admissible as evidence nor
discoverable in any action of any kind in any court or before any tribunal,
board, agency, or person and shall be treated in the same manner as the
information and those records subject to the provisions of Part 21 of
Article VIII of
the Code
of Civil Procedure except under the following circumstances:(A) when made with the written consent of all         persons to whom the information pertains;(B) when authorized by Section 5-4-3 of the         Unified Code of Corrections;(C) when made for the sole purpose of         implementing the Newborn Metabolic Screening  Act and rules; or(D) when made under the authorization of the         Illinois Parentage Act of 2015.Disclosure shall be limited to those who have a need to know the information,
and no additional disclosures may be made.(c) Disclosure by an insurer in accordance with the requirements of the
Article XL of the Illinois Insurance Code shall be deemed compliance with this
Section.
(Source: P.A. 98-1046, eff. 1-1-15; 99-85, eff. 1-1-16.) (410 ILCS 513/31)Sec. 31. Uses and disclosures for treatment, payment, and health care operations. Notwithstanding Sections 30 and 35 of this Act, a covered entity may, without a patient's consent:(1) use or disclose genetic information for its own     treatment, payment, or health care operations;(2) disclose genetic information for treatment     activities of a health care provider;(3) disclose genetic information to another covered     entity or health care provider for the payment activities of the entity that receives the information;(4) disclose genetic information to another covered     entity for health care operations activities of the entity that receives the information, if each entity has or had a relationship with the individual who is the subject of the genetic information being requested, the genetic information pertains to such relationship, and the disclosure is for the purpose of (A) conducting quality assessment and improvement activities, including outcomes evaluation and development of clinical guidelines, provided that the obtaining of generalizable knowledge is not the primary purpose of any studies resulting from such activities; patient safety activities; population-based activities relating to improving health or reducing health care costs, protocol development, case management, and care coordination, contacting of health care providers and patients with information about treatment alternatives; and related functions that do not include treatment; (B) reviewing the competence or qualifications of health care professionals or health care providers, evaluating practitioner and provider performance, health plan performance, conducting training programs in which students, trainees, or practitioners in areas of health care learn under supervision to practice or improve their skills as health care providers, training of non-health care professionals, accreditation, certification, licensing, or credentialing activities; or (C) health care fraud and abuse detection or compliance; and(5) disclose genetic information to other     participants in an organized health care arrangement in which the covered entity is also a participant for any health care operations activities of the organized health care arrangement. (Source: P.A. 98-1046, eff. 1-1-15.) (410 ILCS 513/31.1)Sec. 31.1. Uses and disclosures for health oversight activities.(a)    Notwithstanding Sections 30 and 35 of this Act, a covered entity may disclose genetic information, without a patient's consent, to a health oversight agency for health oversight activities authorized by law, including audits, civil, administrative, or criminal investigations; inspections; licensure or disciplinary actions; civil administrative or criminal proceedings or actions; or other activities necessary for appropriate oversight of (i) the health care system; (ii) government benefit programs for which health information is relevant to beneficiary eligibility; (iii) entities subject to government regulatory programs for which health information is necessary for determining compliance with program standards; or (iv) entities subject to civil rights laws for which health information is necessary for determining compliance.(b) For purposes of the disclosures permitted by this Section, a health oversight activity does not include an investigation or other activity in which the individual is the subject of the investigation or activity and such investigation or other activity does not arise out of and is not directly related to (i) the receipt of health care; (ii) a claim for public benefits related to health; or (iii) qualification for, or receipt of, public benefits or services when a patient's health is integral to the claim for public benefits or services, except that, if a health oversight activity or investigation is conducted in conjunction with an oversight activity or investigation relating to a claim for public benefits not related to health, the joint activity or investigation is considered a health oversight activity for purposes of this Section.(c) If a covered entity is also a health oversight agency, the covered entity may use genetic information for health oversight activities permitted by this Section. 
(Source: P.A. 98-1046, eff. 1-1-15.) (410 ILCS 513/31.2)Sec. 31.2. Uses and disclosures for public health activities. Notwithstanding Sections 30 and 35 of this Act, genetic information may be disclosed without a patient's consent for public health activities and purposes to the Department, when the Department is authorized by law to collect or receive such information for the purpose of preventing or controlling disease, injury, or disability, including, but not limited to, the reporting of disease, injury, vital events such as birth or death, and the conduct of public health surveillance, public health investigations, and public health interventions.
(Source: P.A. 98-1046, eff. 1-1-15.) (410 ILCS 513/31.3)Sec. 31.3. Business associates.(a)   Notwithstanding Sections 30 and 35 of this Act, a covered entity may, without a patient's consent, disclose a patient's genetic information to a business associate and may allow a business associate to create, receive, maintain, or transmit protected health information on its behalf, if the covered entity obtains, through a written contract or other written agreement or arrangement that meets the applicable requirements of 45 CFR 164.504(e), satisfactory assurance that the business associate will appropriately safeguard the information.  A covered entity is not required to obtain such satisfactory assurances from a business associate that is a subcontractor.(b) A business associate may disclose protected health information to a business associate that is a subcontractor and may allow the subcontractor to create, receive, maintain, or transmit protected health information on its behalf, if the business associate obtains satisfactory assurances, in accordance with 45 CFR 164.504(e)(1)(i), that the subcontractor will appropriately safeguard the information.
(Source: P.A. 98-1046, eff. 1-1-15.) (410 ILCS 513/31.4)Sec. 31.4. Record locator service to support HIE. Section 9.9 of the Mental Health and Developmental Disabilities Confidentiality Act is herein incorporated by reference.
(Source: P.A. 98-1046, eff. 1-1-15.) (410 ILCS 513/31.5)Sec. 31.5. Use and disclosure of information to an HIE.
Notwithstanding the provisions of Section 30 and 35 of this Act, a covered entity may, without a patient's consent, disclose the identity of any patient upon whom a test is performed and such patient's genetic information from a patient's record to a HIE if the disclosure is a required or permitted disclosure to a business associate  or  is a disclosure otherwise required or permitted under this Act. An HIE may, without a patient's consent, use or disclose such information to the extent it is allowed to use or disclose such information as a business associate in compliance with 45 CFR 164.502(e) or for such other purposes as are specifically allowed under this Act.
(Source: P.A. 98-1046, eff. 1-1-15.) (410 ILCS 513/31.6)Sec. 31.6. Other disclosures.  Nothing in this Act shall be construed (1)  to limit the use of an HIE to facilitate disclosures permitted by this Act or (2) to allow for the disclosure of information from a patient's record to law enforcement or for law enforcement purposes.
(Source: P.A. 98-1046, eff. 1-1-15.) (410 ILCS 513/31.7)Sec. 31.7. Establishment and disclosure of limited data sets and de-identified information.(a) A covered entity may, without a genetic information test subject's consent, create, use, and disclose a limited data set using information subject to this Act or disclose information subject to this Act to a business associate for the purpose of establishing a limited data set.  The creation, use, and disclosure of such a limited data set must comply with the requirements set forth under HIPAA.(b) A covered entity may, without a genetic information test subject's consent, create, use, and disclose de-identified information using information subject to this Act or disclose information subject to this Act to a business associate for the purpose of de-identifying the information.  The creation, use, and disclosure of such de-identified information must comply with the requirements set forth under HIPAA.  A covered entity or a business associate may disclose information that is de-identified in accordance with HIPAA.(c) The recipient of de-identified information shall not re-identify de-identified information using any public or private data source.
(Source: P.A. 98-1046, eff. 1-1-15.) (410 ILCS 513/31.8)Sec. 31.8. HIE opt out.   Section 9.6 of the Mental Health and Developmental Disabilities Confidentiality Act is incorporated herein by reference.  In addition to the requirements set out in Section 9.6 of the Mental Health and Developmental Disabilities Confidentiality Act, at the time of a patient's first encounter for genetic testing with a health care provider, health care professional, or health facility that participates in an HIE, or, in the event of a medical emergency that makes it impossible, as soon thereafter as is practicable, the patient shall receive meaningful disclosure regarding the HIE in which the health care provider, health care professional, or health facility participates and shall be afforded an opportunity to opt out of disclosure of the patient's health information through the HIE.
(Source: P.A. 98-1046, eff. 1-1-15.) (410 ILCS 513/31.9)Sec. 31.9. Research.  Genetic information may be disclosed for research, in accordance with the requirements set forth under HIPAA.
(Source: P.A. 98-1046, eff. 1-1-15.) (410 ILCS 513/31.10)Sec. 31.10. Minimum necessary. When using or disclosing genetic-related information under this Act, a covered entity shall do so in accordance with the minimum necessary standard under HIPAA.
(Source: P.A. 98-1046, eff. 1-1-15.) (410 ILCS 513/35)Sec. 35. Disclosure by person to whom results have been disclosed. No
person to whom the results of a test have been disclosed
may disclose the test results to another person except as authorized under this Act.
(Source: P.A. 98-1046, eff. 1-1-15.) (410 ILCS 513/40)Sec. 40. Right of action.(a) Any person aggrieved by a violation of this
Act
shall have a right of action in a State
circuit court or as a supplemental claim in a federal district court against an offending party. A prevailing party may recover for each violation:(1) Against any party who negligently violates a     provision of this Act, liquidated damages of $2,500 or actual damages, whichever is greater.(2) Against any party who intentionally or recklessly     violates a provision of this Act, liquidated damages of $15,000 or actual damages, whichever is greater.(3) Reasonable attorney's fees and costs, including     expert witness fees and other litigation expenses.(4) Such other relief, including an injunction, as     the State or federal court may deem appropriate.(b) Article XL of the Illinois Insurance Code shall provide the exclusive
remedy for violations of Section 30 by insurers.(c) Notwithstanding any provisions of the law to the
contrary, any person alleging a violation of subsection (a) of Section 15, subsection (b)
of Section 25, Section 30, Section 31, or Section 35 of this Act shall have a right of action in a
State circuit court or as a supplemental claim in a federal
district court to seek a preliminary injunction preventing the
release or disclosure of genetic testing or genetic information
pending the final resolution of any action under this Act. (Source: P.A. 98-1046, eff. 1-1-15.) (410 ILCS 513/45)Sec. 45. 
		Damages or other relief. 
		Nothing in this Act limits the right
of the subject of a
test to recover damages or other relief under
any other applicable law.
		(Source: P.A. 90-25, eff. 1-1-98.) (410 ILCS 513/50)Sec. 50. Home rule.  Any home rule unit of local government, any non-home rule municipality, or any non-home rule county within the unincorporated territory of the county may enact ordinances, standards, rules, or regulations that protect genetic information and genetic testing in a manner or to an extent equal to or greater than the protection provided in this Act. This Section is a limitation on the concurrent exercise of home rule power under subsection (i) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 95-927, eff. 1-1-09.) (410 ILCS 513/91)Sec. 91. 
		(Amendatory provisions; text omitted). 
		(Source: P.A. 90-25, eff. 1-1-98; text omitted.) (410 ILCS 513/93)Sec. 93. 
		(Amendatory provisions; text omitted). 
		(Source: P.A. 90-25, eff. 1-1-98.) (410 ILCS 513/95)Sec. 95. 
		(Amendatory provisions; text omitted). 
		(Source: P.A. 90-25, eff. 1-1-98; text omitted.) (410 ILCS 513/97)Sec. 97. 
		(Amendatory provisions; text omitted). 
		(Source: P.A. 90-25, eff. 1-1-98; text omitted.)
(410 ILCS 515/0.01) (from Ch. 111 1/2, par. 7850)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Head and Spinal Cord Injury Act.
		(Source: P.A. 86-1324.) (410 ILCS 515/1) (from Ch. 111 1/2, par. 7851)Sec. 1. 
		As used in this Act, unless the context clearly indicates otherwise:(a) "Department" means the Department of Public Health.(b) "Head Injury" means a sudden insult or damage to the brain or its
coverings, not of a degenerative nature, which produces an altered state of
consciousness or temporarily or permanently impairs mental, cognitive,
behavioral or physical functioning.  Cerebral vascular  accidents,
aneurisms and congenital deficits are excluded from this definition.(c) "Spinal cord injury" means an injury that occurs as a result of
trauma, which involves spinal vertebral fracture, or where the injured
person suffers any of the following effects:(1) effects on the sensory system including numbness, tingling or loss
of sensation in the body or in one or more extremities;(2) effects on the motor system including weakness or paralysis in one
or more extremities;(3) effects on the visceral system including bowel or bladder
dysfunction or hypotension.(d) "Council" means the Advisory Council on Spinal Cord and Head Injuries.
		(Source: P.A. 86-510.) (410 ILCS 515/2) (from Ch. 111 1/2, par. 7852)Sec. 2. 
		
		(a) The Department shall establish and maintain an
information registry and reporting system for the purpose of data
collection and needs assessment of head and spinal cord injured persons
in this State.(b) Reports of head and spinal cord injuries shall be filed with the
Department by a hospital administrator or his designee on a quarterly
basis.(c) Reporting forms and the manner in which the information is to be
reported shall be provided by the Department.  Such reports shall include,
but shall not be limited to, the following information:  name, age, and
residence of the injured person, the date and cause of the injury, the
initial diagnosis and such other information as may be required by the
Department.
		(Source: P.A. 86-510; 87-691.) (410 ILCS 515/3) (from Ch. 111 1/2, par. 7853)Sec. 3. 
		
		(a) All reports and records made pursuant to this Act and
maintained by the Department and other appropriate persons, officials and
institutions pursuant to this Act shall be confidential.  Information shall
not be made available to any individual or institution except to:(1) appropriate staff of the Department;(2) any person engaged in a bona fide research project, with the
permission of the Director of Public Health, except that no information
identifying the subjects of the reports or the reporters shall be made
available to researchers unless the Department requests and receives
consent for such release pursuant to the provisions of this Section; and(3) the Council, except that no information identifying the subjects of
the reports or the reporters shall be made available to the Council unless
consent for release is requested and received pursuant to the provisions of
this Section.  Only information pertaining to head and spinal cord injuries
as defined in Section 1 of this Act shall be released to the Council.(b) The Department shall not reveal the identity of a patient,
physician or hospital, except that the identity of the patient
may be released upon written consent of the patient, parent or guardian,
the identity of the physician may be released upon written consent of the
physician, and the identity of the hospital may be released upon written
consent of the hospital.(c) The Department shall request consent for release from a patient, a
physician or hospital only upon a showing by the applicant for
such release that obtaining the identities of certain patients, physicians
or hospitals is necessary for his bonafide research directly related to the
objectives of this Act.(d) The Department shall at least annually compile a report of the data
accumulated through the reporting system established under Section 2 of
this Act and shall submit such data relating to spinal cord and head
injuries in accordance with confidentiality restrictions established
pursuant to this Act to the Council.
		(Source: P.A. 86-510.) (410 ILCS 515/4) (from Ch. 111 1/2, par. 7854)Sec. 4. 
		
		No individual or organization providing information to the
Department in accordance with this Act shall be held liable in a civil or
criminal action for divulging confidential information unless such
individual or organization acted in bad faith or with malicious purpose.
		(Source: P.A. 86-510.) (410 ILCS 515/5) (from Ch. 111 1/2, par. 7855)Sec. 5. 
		
		(a) Nothing in this Act shall be construed to compel any
individual to submit to any medical or Department examination, treatment or
supervision of any kind.(b) Violation of any provision of Sections 2 through 4 of this Act shall
be a petty offense.
		(Source: P.A. 86-510.) (410 ILCS 515/6) (from Ch. 111 1/2, par. 7856)Sec. 6. (a) There is hereby created the Advisory Council on Spinal
Cord and Head Injuries within the Department of Human Services.  The Council
shall consist of 29 members,  appointed
by the Governor with the advice and consent of the Senate.  Members shall
serve 3-year
terms and until their successors are appointed by the Governor with the
advice and consent of the Senate.
The members appointed by the Governor
shall include 2 neurosurgeons, 2 orthopedic surgeons, 2 rehabilitation
specialists, one of whom shall be a registered nurse, 4 persons with
head injuries or family members of persons with head injuries, 4 persons
with spinal cord injuries or family members of persons with spinal cord
injuries, a representative of an Illinois college or university, and a
representative from health institutions or private industry.  These members
shall not serve more than 2 consecutive 3-year terms.  The Governor shall
appoint one individual from each of the following entities to the Council as
ex-officio members: the unit of the Department of Human Services that is
responsible for the administration of the vocational rehabilitation program,
another unit within the Department of Human Services that provides services for
individuals with disabilities, the State Board of Education, the Department of
Public Health, the Department of Insurance, the Department of Healthcare and Family Services, the
Division of Specialized Care for Children of the University of Illinois, the
Statewide Independent Living Council, and the State Rehabilitation Advisory
Council.  Ex-officio members are not subject to limit of 2 consecutive 3-year
terms.  The
appointment of individuals representing State agencies shall be
conditioned on their continued employment with their respective agencies.(b) From funds appropriated for such purpose, the Department of Human
Services shall provide to the Council the necessary staff
and expenses to carry out the duties and responsibilities assigned by the
Council.  Such staff shall consist of a director and other support staff.(c) Meetings shall be held at least every 90 days or at the call of the
Council chairman, who shall be elected by the Council.(d) Each member shall be reimbursed for reasonable and necessary
expenses actually incurred in the performance of his official duties.(e) The Council shall adopt written procedures to govern its activities.
Consultants shall be provided for the Council from
appropriations made for such purpose.(f) The Council shall make recommendations to the Governor for
developing and administering a State plan to provide services for spinal
cord and head injured persons.(g) No member of the Council may participate in or seek to influence a
decision or vote of the Council if the member would be directly involved
with the matter or if he would derive income from it.  A violation of this
prohibition shall be grounds for a person to be removed as
a member of the Council by the Governor.(h) The Council shall:(1) promote meetings and programs for the discussion     of reducing the debilitating effects of spinal cord and head injuries and disseminate information in cooperation with any other department, agency or entity on the prevention, evaluation, care, treatment and rehabilitation of persons affected by spinal cord and head injuries;(2) study and review current prevention, evaluation,     care, treatment and rehabilitation technologies and recommend appropriate preparation, training, retraining and distribution of manpower and resources in the provision of services to spinal cord and head injured persons through private and public residential facilities, day programs and other specialized services;(3) recommend specific methods, means and procedures     which should be adopted to improve and upgrade the State's service delivery system for spinal cord and head injured citizens of this State;(4) participate in developing and disseminating     criteria and standards which may be required for future funding or licensing of facilities, day programs and other specialized services for spinal cord and head injured persons in this State;(5) report annually to the Governor and the General     Assembly on its activities, and on the results of its studies and the recommendations of the Council; and(6) be the advisory board for purposes of federal     programs regarding traumatic brain injury.(i) The Department of Human Services may accept on
behalf of
the Council federal funds, gifts and donations from individuals, private
organizations and foundations, and any other funds that may become available.
					(Source: P.A. 95-331, eff. 8-21-07.)
(410 ILCS 517/1)Sec. 1. 
		Short title. 
		This Act may be cited as the Health Care Professional Credentials Data Collection Act.
		(Source: P.A. 91-602, eff. 8-16-99.) (410 ILCS 517/5)Sec. 5. 
		Definitions. 
		As used in this Act:"Council" means the Health Care Credentials Council."Credentials data" means those data, information, or answers to questions
required by a health care entity, health
care plan, or hospital to complete the credentialing or
recredentialing of a health care professional."Credentialing" means the process of assessing and validating the
qualifications of a health care professional."Department" means the Department of Public Health."Director" means the Director of the Department of Public Health."Health care entity" means any of the following which require the submission
of credentials data: (i) a health care facility or other
health care organization licensed or certified to provide medical or
health services in Illinois, other than a hospital; (ii) a health care
professional partnership, corporation, limited liability company, professional
services corporation or group practice; or (iii) an independent
practice association or physician hospital organization.  Nothing in this
definition shall be construed to mean that a hospital is a health care
entity."Health care plan" means any entity licensed by the Department of Insurance
as a prepaid health care plan or health maintenance
organization or as an insurer
which requires the submission of
credentials data."Health care professional" means any person licensed under the Medical
Practice Act of 1987 or any person licensed under any
other Act subsequently made subject to this Act by the Department."Hospital" means a hospital licensed under the Hospital Licensing Act or any
hospital organized under the University of Illinois
Hospital Act."Recredentialing" means the process by which a health care entity, health
care plan or hospital ensures that a health care professional
who is currently credentialed by the health care entity, health care plan or
hospital continues to meet the credentialing criteria used by the
health care entity, health care plan, or hospital no more than once every 2
years."Single credentialing cycle" means a process whereby for purposes of
recredentialing each health care professional's credentials
data are collected by all health care entities and health care plans that
credential the health care professional during the same time period and
only once every 2 years."Site survey" means a process by which a health care entity or health care
plan assesses the office locations and medical record
keeping practices of a health care professional."Single site survey" means a process by which, for purposes of
recredentialing, each health care professional receives a site visit only
once every two years."Uniform health care credentials form" means the form developed by the
Department under Section 15 to collect the credentials
data commonly requested by health care entities and health care plans for
purposes of credentialing."Uniform health care recredentials form" means the form developed by the
Department under Section 15 to collect the credentials data commonly requested
by health care entities and health care plans for purposes of
recredentialing."Uniform hospital credentials form" means the form developed by the
Department
under Section 15 to collect the credentials data
commonly requested by hospitals for purposes of credentialing."Uniform hospital recredentials form" means the form developed by the
Department under Section 15 to collect the credentials data commonly requested
by
hospitals for purposes of recredentialing."Uniform site survey instrument" means the instrument developed by the
Department under Section 25 to complete a single site
survey as part of a credentialing or recredentialing process."Uniform updating form" means a standardized form for reporting of
corrections,
updates, and modifications to credentials data to
health care entities, health care plans, and hospitals when those data change
following credentialing or recredentialing of a health care
professional.
		(Source: P.A. 91-602, eff. 8-16-99.) (410 ILCS 517/10)Sec. 10. 
		Health Care Credentials Council.(a) There is established a Health Care Credentials Council,
consisting
of 13 members, to assist the Department in
accordance with Sections 15, 20, 25, and 30 of this Act.  The Director, or his
or her designee, shall serve as one member and chair of the
council and the Governor shall appoint the remaining 12 members.
Three members shall represent hospitals, 3 members shall
represent health maintenance organizations, one member shall represent health
insurance entities, 3 members shall represent physicians
licensed to practice medicine in all its branches, one member shall
represent chiropractic physicians, and one member shall represent ambulatory
surgical treatment centers.  In making these appointments, the
Governor shall take into consideration the recommendations of various
organizations representing hospitals, health maintenance organizations,
insurers, ambulatory surgical treatment centers, and physicians.  The initial
appointments of 6 of the members shall
be for 2 years.  All other appointments shall be for 4 years, with
no more than one 4-year reappointment.  The hospital representatives shall not
vote on the development of guidelines to implement
Sections 20 and 25 of this Act.(b) On July 1, 2003, the council is abolished.
		(Source: P.A. 91-602, eff. 8-16-99.) (410 ILCS 517/15)Sec. 15. 
					Development and use of uniform health care and hospital
credentials forms.(a) The Department, in consultation with the council, shall by rule
establish:(1) a uniform health care credentials form that shall     include the credentials data commonly requested by health care entities and health care plans for purposes of credentialing and shall minimize the need for the collection of additional credentials data;(2) a uniform health care recredentials form that     shall include the credentials data commonly requested by health care entities and health care plans for purposes of recredentialing and shall minimize the need for the collection of additional credentials data;(3) a uniform hospital credentials form that shall     include the credentials data commonly requested by hospitals for purposes of credentialing and shall minimize the need for the collection of additional credentials data;(4) a uniform hospital recredentials form that shall     include the credentials data commonly requested by hospitals for purposes of recredentialing and shall minimize the need for collection of additional credentials data; and(5) uniform updating forms.(b) The uniform forms established in subsection (a) shall be coordinated to
reduce the need to provide redundant information.
Further, the forms shall be made available in both paper and electronic
formats.(c) The Department, in consultation with the council, shall
establish by rule a date after which an electronic format may be
required by a health care entity, a health care plan, or a hospital, and a
health care professional may require acceptance of an electronic
format by a health care entity, a health care plan, or a hospital.(d) Beginning January 1, 2002, each health care
entity or health
care plan that
employs, contracts with, or allows health care
professionals to provide medical or health care services and requires health
care professionals to be credentialed or recredentialed shall for
purposes of collecting credentials data only require:(1) the uniform health care credentials form;(2) the uniform health care recredentials form;(3) the uniform updating forms; and(4) any additional credentials data requested.(e) Beginning January 1, 2002, each hospital that
employs,
contracts with, or
allows health care professionals to provide medical or
health care services and requires health care professionals to be credentialed
or recredentialed shall for purposes of collecting credentials
data only require:(1) the uniform hospital credentials form;(2) the uniform hospital recredentials form;(3) the uniform updating forms; and(4) any additional credentials data requested.(f) Each health care entity and health care plan shall complete the process
of verifying a health care professional's credentials data
in a timely fashion and shall complete the process of credentialing or
recredentialing of the health care professional within 60 days after
submission of all credentials data and completion of verification of the
credentials data.(g) Each health care professional shall provide any corrections, updates,
and modifications to his or her credentials data to ensure
that all credentials data on the health care professional remains current.
Such corrections, updates, and modifications shall be provided within
5 business days for State health care professional license revocation, federal
Drug
Enforcement Agency license revocation,
Medicare or Medicaid sanctions, revocation of hospital privileges, any lapse
in professional liability coverage required by a health care entity, health
care plan, or hospital,
or conviction of a felony, and within 45 days for any
other
change in the information from the date the health care professional knew of
the change.  All updates shall be made on the uniform updating
forms developed by the Department.(h) Any credentials data collected or obtained by the health care entity,
health care plan, or hospital shall be confidential, as provided by law,
and otherwise may not be redisclosed without written consent of the
health care professional, except that in any proceeding to challenge
credentialing or recredentialing, or in any judicial review, the claim
of confidentiality shall not be invoked to deny a health care professional,
health care entity,
health care plan, or hospital access to or use of credentials data.  Nothing in
this Section prevents a health
care entity, health care plan, or hospital from disclosing any credentials data
to its officers, directors, employees, agents, subcontractors,
medical staff members, any committee of the health care entity, health care
plan, or hospital involved in the credentialing process, or
accreditation bodies or licensing agencies.  However, any redisclosure of
credentials data contrary to this Section is prohibited.(i) Nothing in this Act shall be construed to restrict the right of any
health care entity, health care plan or hospital to request additional
information necessary for credentialing or recredentialing.(j) Nothing in this Act shall be construed to restrict in any way the
authority of any health care entity, health care plan or hospital to
approve, suspend or deny an application for hospital staff membership, clinical
privileges, or managed care network participation.(k) Nothing in this Act shall be construed to prohibit delegation of
credentialing and recredentialing activities as long as the delegated
entity follows the requirements set forth in this Act.(l) Nothing in this Act shall be construed to require any health care
entity or health care plan to credential or survey any health care
professional.(m) Nothing in this Act prohibits a hospital from granting disaster privileges pursuant to the provisions of Section 10.4 of the Hospital Licensing Act.  When a hospital grants disaster privileges pursuant to Section 10.4 of the Hospital Licensing Act, that hospital is not required to collect credentials data pursuant to this Act.
					
					(Source: P.A. 92-193, eff. 1-1-02; 93-829, eff. 7-28-04.) (410 ILCS 517/20)Sec. 20. 
		Single credentialing cycle.(a) The Department, in consultation with the council, shall by rule
establish a single credentialing cycle.  The single credentialing cycle shall
be based on a specific variable or variables.  To the extent possible the
single credentialing cycle shall be established to ensure that the credentials
data of all health care professionals in a group or at a single site
are collected during the same time period.  However, nothing in this Act
shall be construed to require the single credentialing cycle to be established
to ensure that the credentials data of all health care professionals in a group
or at a single site are collected during the same time period.(b) Beginning July 1, 2002, all health care entities
and health care
plans shall obtain credentials data on all health care
professionals according to the established single credentialing cycle.(c) The Department, in consultation with the council, shall by rule
establish a process to exempt a small or unique health care entity
or small or unique health care plan from the single credentialing cycle if
the health
care entity or health care plan demonstrates to the Department that
adherence to the single credentialing cycle would be an undue hardship for the
health care entity or health care plan.(d) The requirements of this Section shall not apply when a health care
professional submits initial credentials data to a health care
entity or health care plan outside of the established single credentialing
cycle, when a health care professional's credentials data change
substantively, or when a health care entity or health care plan requires
recredentialing as a result of patient or quality assurance issues.
		(Source: P.A. 91-602, eff. 8-16-99; 92-193, eff. 1-1-02.) (410 ILCS 517/25)Sec. 25. 
		Single site survey.(a) The Department, in consultation with the council, shall by rule
establish a uniform site survey instrument taking into
account national accreditation standards and State requirements.  The
uniform site survey instrument
shall include all the site survey data requested by health care
entities and health care plans.(b) No later than July 1, 2002, the Department, in
consultation with
the council, shall publish, in rule, the variable or variables for completing
the
single site survey.  To the extent possible, the single site survey shall be
established to ensure that all health care professionals in a group or at a
site are reviewed during the same time period.(c) Beginning January 1, 2003, health care entities and
health care plans
shall implement the single site survey, if a site
survey is required by any of the health care professional's health
care entities or health care plans.  The site survey shall be completed using
the uniform site survey instrument.(d) The uniform site survey instrument shall be used when a health care
professional seeks initial credentialing by a health care entity
or health care plan, when a health care professional's credentials data
change substantively, or when a health care plan or health care entity requires
a site survey as a result of patient or quality assurance issues, if a site
survey is required by the health care entity or
health care plan.(e) Nothing in this Section prohibits health care entities and health care
plans from choosing the independent party to conduct the
single site survey.
		(Source: P.A. 91-602, eff. 8-16-99; 92-193, eff. 1-1-02.) (410 ILCS 517/30)Sec. 30. 
		Study of coordinated credentials verification.(a) The Department, in consultation with the council, shall study the
need for coordinated credentials data verification.(b) The study shall address the need for, the advantages and disadvantages
of, and the costs and cost savings, if any, of coordinated
credentials verification.(c) The study also may address other changes to improve the credentialing
and recredentialing processes, to improve the timeliness
of the credentials data, and reduce the costs, time, and administrative burden
associated with the processes.(d) The Department shall make a recommendation to the General Assembly and
the Governor regarding the need for further
legislation no later than January 1, 2003.
		(Source: P.A. 91-602, eff. 8-16-99.) (410 ILCS 517/35)Sec. 35. 
		Rules. 
		The Department, in consultation with the council,
shall adopt rules necessary to develop and implement and enforce the
requirements established by this Act.
		(Source: P.A. 91-602, eff. 8-16-99.) (410 ILCS 517/40)Sec. 40. 
		Enforcement. 
		The Department has authority to enforce the
provisions of the Act.  In addition to any other penalty
provided by law, any health care entity, health care plan, hospital, or health
care professional that violates any Section of this Act shall forfeit
and pay to the Department a fine in an amount determined by the Department of
not more than $1,000 for the first offense and not more
than $5,000 for each subsequent offense.
		(Source: P.A. 91-602, eff. 8-16-99.) (410 ILCS 517/45)Sec. 45. 
		Administrative Procedure Act. 
		The Illinois Administrative
Procedure Act is hereby expressly adopted and incorporated
herein as if all the provisions of the Act were included in the Act.  For the
purpose of this Act, the notice required under Section 10-25 of
the Administrative Procedure Act is deemed sufficient when mailed to the last
known address of a party.
		(Source: P.A. 91-602, eff. 8-16-99.) (410 ILCS 517/50)Sec. 50. 
		Administrative Review Law. 
		All final administrative decisions
of the Department are subject to judicial review pursuant
to the provisions of the Administrative Review Law and all rules adopted
pursuant thereto.  The term "administrative decision" is defined
as in Section 3-101 of the Code of Civil Procedure.
		(Source: P.A. 91-602, eff. 8-16-99.) (410 ILCS 517/51)Sec. 51. Licensure records. Licensure records designated confidential and considered expunged for reporting purposes by the licensee under Section 2105-207 of the Civil Administrative Code of Illinois are not reportable under this Act. 
(Source: P.A. 98-816, eff. 8-1-14; 99-78, eff. 7-20-15.) (410 ILCS 517/99)Sec. 99. 
		Effective Date. 
		This Act takes effect upon becoming law.
		(Source: P.A. 91-602, eff. 8-16-99.)
(410 ILCS 520/1) (from Ch. 111 1/2, par. 5601)Sec. 1. 
		
		This Act may be cited as the
Illinois Health Statistics Act.
		(Source: P.A. 86-1475.) (410 ILCS 520/2) (from Ch. 111 1/2, par. 5602)Sec. 2. 
		
		As used in this Act, unless the context otherwise requires,
the terms specified in this Section have the meanings ascribed to them herein.(a) "Department" means the Illinois Department of Public Health.(b) "Disclosure" means the communication of health data to any individual
or organization outside the Department.(c) "Health data" means any information, except vital records as defined
in the Vital Records Act, relating to the
health status of people, the availability of health resources and services,
and the use and cost of such resources and services.(d) "Identifiable health data" means any item, collection, or grouping
of health data which makes the individual supplying it or described in it
identifiable.(e) "Individual" means a natural person.(f) "Organization" means any corporation, association, partnership,
agency, department, unit or other legally constituted institution or entity
or part thereof.(g) "Research and statistical purposes" means the performance of certain
activities relating to health data including but not limited to: (1) describing
the group characteristics of individuals or organizations; (2) analyzing
the interrelationships among the various characteristics of individuals
or organizations; (3) the conduct of statistical procedures or studies to
improve the quality of health data; (4) the design of sample surveys and
the selection of samples of individuals or organizations; (5) the preparation
and publication of reports describing these matters; and (6) other related
functions. Specifically excluded as research and statistical purposes
is the use of the data for an individual or organization to make any
determination directly affecting the rights, benefits, or entitlements of
that individual or organization.
		(Source: P.A. 87-895.) (410 ILCS 520/3) (from Ch. 111 1/2, par. 5603)Sec. 3. 
		
		The Department of Public Health is hereby designated as the
Department to carry out the purposes of this Act.
		(Source: P.A. 82-215.) (410 ILCS 520/4) (from Ch. 111 1/2, par. 5604)Sec. 4. (a) In carrying out the purposes of this Act, the Department may:(1) Collect and maintain health data on:(i) The extent, nature, and impact of illness,         including factors relating to asthma, obesity, and disability on the population of the State;(ii) The determinants of health and health         hazards including asthma and obesity;(iii) Health resources, including the extent of         available manpower and resources;(iv) Utilization of health care;(v) Health care costs and financing;(vi) Other health or health-related matters; and(vii) The connection between the long-term         effects of childhood cancer and the original cancer diagnosis and treatment.(2) Undertake and support research, demonstrations,     and evaluations respecting new or improved methods for obtaining current data on the matters referred to in subparagraph (1).(b) The Department may collect health data under authority granted by
any unit of local government and on behalf of other governmental or not-for-profit
organizations, including data collected by local schools and the State Board of Education relating to asthma and obesity on the health examination form required pursuant to Section 27-8.1 of the School Code. The data shall be de-identified and aggregated pursuant to rules promulgated by the Department to prevent disclosure of personal identifying information.(c) The Department shall collect data only on a voluntary basis from individuals
and organizations, except when there is specific legal authority to compel
the mandatory reporting of the health data so requested. In making any collection
of health data from an individual or organization the Department must give
to such individual or organization a written statement which states:(1) Whether the individual or organization is     required to respond, and any sanctions for noncompliance;(2) The purposes for which the health data are being     collected; and(3) In the case of any disclosure of identifiable     health data for other than research and statistical purposes, the items to be disclosed, to whom the data are to be disclosed and the purposes for which the data are to be disclosed.(d) Except as provided in Section 5, no health data obtained in the course
of activities undertaken or supported under this Act may be used for any purpose
other than the purpose for which they were supplied or for which the individual
or organization described in the data has otherwise consented.(e) The Department shall take such actions as may be necessary to assure
that statistics developed under this Act are of high quality, timely, comprehensive,
as well as specific, standardized and adequately analyzed and indexed.(f) The Department shall take such action as is appropriate to effect
the coordination of health data activities, including health data specifically relating to obesity collected pursuant to Section 27-8.1 of the School Code, within the State to eliminate
unnecessary duplication of data collection and maximize the usefulness of
data collected.(g) The Department shall (1) participate with state, local and federal
agencies in the design and implementation of a cooperative system for producing
comparable and uniform health information and statistics at the federal,
state, and local levels; and (2) undertake and support research, development,
demonstrations, and evaluations respecting such cooperative system.
(Source: P.A. 100-238, eff. 1-1-18.) (410 ILCS 520/5) (from Ch. 111 1/2, par. 5605)Sec. 5. (a) The Department may make no disclosure of any item, collection
or grouping of health data which makes the individual supplying or described
in such data identifiable unless:(1) The individual described in the data has     consented to the disclosure.(2) The disclosure is to a governmental entity in     this State, in another state or to the federal government, provided that:(i) the data will be used for a purpose for which         the data was collected by the Department; and(ii) the recipient of the data has entered into a         written agreement satisfactory to the Department, that it will protect such data in accordance with the requirements of this Act and will not permit further disclosure without prior approval of the Department.(3) The disclosure is to an individual or     organization, for a specified time period determined by the Department, solely for bona fide research and statistical purposes, as determined in accordance with guidelines adopted by the Department, and the Department determines that: (i) the disclosures of the data to the requesting individual or organization is required for the research and statistical purposes proposed; and (ii) the requesting individual or organization has entered into a written agreement satisfactory to the Department that it will protect such data in accordance with the requirements of this Act and will not permit further disclosure without prior approval of the Department. In no event, however, may the name, address or other unique personal identifier of an individual supplying the data or described in it be disclosed under this subparagraph to the requesting individual or organization, unless a Department-approved Institutional Review Board or its equivalent on the protection of human subjects in research has reviewed and approved the data request.(4) The disclosure is to a governmental entity for     the purpose of conducting an audit, evaluation or investigation of the Department and such governmental entity agrees not to use such data for making any determination to whom the health data relates.(b) Any disclosure provided for in paragraph (a) of this Section shall
be made at the discretion of the Department except that the disclosure provided
for in subparagraph (4) of paragraph (a) of this Section must be made when
the requirements of that subparagraph have been met.(c) No identifiable health data obtained in the course of activities undertaken
or supported under this Act shall be subject to subpoena or similar compulsory
process in any civil or criminal, judicial, administrative or legislative
proceeding, nor shall any individual or organization with lawful access
to identifiable health data under the provisions of this Act be compelled
to testify with regard to such health data, except that data pertaining
to a party in litigation may be subject to subpoena or similar compulsory
process in an action brought by or on behalf of such individual to enforce
any liability arising under this Act.(Source: P.A. 96-966, eff. 7-2-10.) (410 ILCS 520/6) (from Ch. 111 1/2, par. 5606)Sec. 6. 
		
		The Department shall take appropriate measures to protect the
security of health data including:(a) Limiting the access to health data to authorized individuals who have
received training in the handling of such data.(b) Designating a person to be responsible for physical security.(c) Developing and implementing a system for monitoring security.(d) Reviewing periodically all health data to evaluate whether it is
appropriate to remove identifying characteristics from the data.(e) Any data or other information which is to be processed by a
computer or other type of artificial intelligence and which is related to human
immunodeficiency virus (HIV) testing or the results of such testing or to
the testing and test results of any other identified causative agent of
acquired immunodeficiency syndrome (AIDS) or to any list of persons known
to have been exposed to HIV or to have a diagnosed case of AIDS or
AIDS-related complex shall be stored and processed in the most secure
manner available.
		(Source: P.A. 85-935.) (410 ILCS 520/7) (from Ch. 111 1/2, par. 5607)Sec. 7. 
		
		The Department may promulgate such reasonable rules and regulations
as may be necessary to carry out the provisions of this Act.
		(Source: P.A. 82-215.) (410 ILCS 520/8) (from Ch. 111 1/2, par. 5608)Sec. 8. 
		
		The provisions of the Administrative Review Law and the rules
adopted pursuant thereto shall apply to and govern all proceedings for judicial
review of final administrative decisions of the Department hereunder. For
the purposes of this Act the term "administrative decision" has the meaning
ascribed to it in Section 3-101 of the Code of Civil Procedure.
		(Source: P.A. 82-783.) (410 ILCS 520/9) (from Ch. 111 1/2, par. 5609)Sec. 9. 
		
		The provisions of "The Illinois Administrative Procedure Act",
and the rules and regulations adopted pursuant thereto shall govern all
actions and procedures of the Department under this Act.
		(Source: P.A. 82-215.) (410 ILCS 520/10) (from Ch. 111 1/2, par. 5610)Sec. 10. 
		
		Any person who intentionally, willfully or wantonly discloses
identifiable health data collected pursuant to this Act, except as provided
for in Section 5, shall be guilty of a Class C misdemeanor.
		(Source: P.A. 82-215.) (410 ILCS 520/11) (from Ch. 111 1/2, par. 5611)Sec. 11. 
		This Act takes effect July 1, 1982. 
		(Source: P.A. 82-215.)
(410 ILCS 522/Art. 10 heading) 
			
		
		ARTICLE 10.
(Source: P.A. 94-242, eff. 7-18-05.) (410 ILCS 522/10-1)Sec. 10-1. Short title. This Article may be cited as the Illinois Adverse Health Care Events Reporting Law of 2005.
				References in this Article to "this Law" mean this Article.
(Source: P.A. 94-242, eff. 7-18-05.) (410 ILCS 522/10-5)Sec. 10-5. Purpose.   The sole purpose of this Law is to establish an adverse health care event reporting system designed to facilitate quality improvement in the health care system through communication and collaboration between the Department and health care facilities. The reporting system established under this Law shall not be designed or, except as provided in this Law, used to punish errors or to investigate or take disciplinary action against health care facilities, health care practitioners, or health care facility employees. 
(Source: P.A. 94-242, eff. 7-18-05.) (410 ILCS 522/10-10)Sec. 10-10. Definitions. As used in this Law, the following terms have the following meanings:"Adverse health care event" means any event identified as a serious reportable event by the National Quality Forum and the Centers for Medicare and Medicaid Services on the effective date of this amendatory Act of the 98th General Assembly. The Department shall adopt, by rule, the list of adverse health care events.  The rules in effect on May 1, 2013, that define "adverse health care event" shall remain in effect until new rules are adopted in accordance with this amendatory Act of the 98th General Assembly. If the National Quality Forum or the Centers for Medicare and Medicaid Services thereafter revises its list of serious reportable events through addition, deletion, or modification, then the term "adverse health care event" for purposes of this Law shall be similarly revised, effective no sooner than 6 months after the revision by the originating organization."Department" means the Illinois Department of Public Health."Health care facility" means a hospital maintained by the State or any department or agency thereof where such department or agency has authority under law to establish and enforce standards for the hospital under its management and control, a hospital maintained by any university or college established under the laws of this State and supported principally by public funds raised by taxation, a hospital licensed under the Hospital Licensing Act, a hospital organized under the University of Illinois Hospital Act, and an ambulatory surgical treatment center licensed under the Ambulatory Surgical Treatment Center Act.   
(Source: P.A. 98-683, eff. 6-30-14.) (410 ILCS 522/10-15)Sec. 10-15. Health care facility requirements to report, analyze, and correct.(a) Reports of adverse health care events required.  Each health care facility shall report to the Department the occurrence of any adverse health care events no later than 30 days after discovery of the event.  The report shall be filed in a format specified by the Department and shall identify the health care facility, but shall not include any information identifying or that tends to identify any of the health care professionals, employees, or patients involved.(b) (Blank).(c) (Blank).(d) (Blank).(e) (Blank).(f) (Blank).(g)    (Blank).(g-5) If the adverse health care events subject to this Law are revised as described in Section 10-10, then the Department shall provide notice to all affected health care facilities promptly upon the revision and shall inform affected health care facilities of the effective date of the revision for purposes of reporting under this Law.(h) Definitions.  As pertains to an adverse health care event in this Section 10-15:"Death" means patient death related to an adverse event and not related solely to the natural course of the patient's illness or underlying condition.  Events otherwise reportable under this Section 10-15 shall be reported even if the death might have otherwise occurred as the natural course of the patient's illness or underlying condition."Serious disability" means a physical or mental impairment, including loss of a body part, related to an adverse event and not related solely to the natural course of the patient's illness or underlying condition, that substantially limits one or more of the major life activities of an individual or a loss of bodily function, if the impairment or loss lasts more than 7 days prior to discharge or is still present at the time of discharge from an inpatient health care facility.

(Source: P.A. 98-683, eff. 6-30-14.) (410 ILCS 522/10-20)Sec. 10-20. Root cause analysis; corrective action plan. Following the occurrence of an adverse health care event, the health care facility must conduct a root cause analysis of the event.  Following the analysis, the health care facility must  (i) implement a corrective action plan to address the findings of the analysis or (ii) report to the Department any reasons for not taking corrective action.   A copy of the findings of the root cause analysis and a copy of the corrective action plan must be filed with the Department within 90 days after the submission of the report to the Department under Section 10-15.
(Source: P.A. 94-242, eff. 7-18-05.) (410 ILCS 522/10-25)Sec. 10-25. Confidentiality.   Other than the annual report required under paragraph (4) of Section 10-35 of this Law, adverse health care event reports, findings of root cause analyses, and corrective action plans filed by a health care facility under this Law and records created or obtained by the Department in reviewing or investigating these reports, findings, and plans shall not be available to the public and shall not be discoverable or admissible in any civil, criminal, or administrative proceeding against a health care facility or health care professional.  No report or Department disclosure under this Law may contain information identifying a patient, employee, or licensed professional. Notwithstanding any other provision of law, under no circumstances shall the Department disclose information obtained from a health care facility that is confidential under Part 21 of Article VIII of the Code of Civil Procedure.  Nothing in this Law shall preclude or alter the reporting responsibilities of hospitals or ambulatory surgical treatment centers under existing federal or State law.
(Source: P.A. 94-242, eff. 7-18-05.) (410 ILCS 522/10-30)Sec. 10-30. Establishment of reporting system.(a) The Department shall establish an adverse health event reporting system that will be fully operational by January 1, 2008 and designed to facilitate quality improvement in the health care system through communication and collaboration among the Department and health care facilities.  The reporting system shall not be designed or used to punish errors or, except to enforce this Law, investigate or take disciplinary action against health care facilities, health care practitioners, or health care facility employees.   The Department may not use the adverse health care event reports, findings of the root cause analyses, and corrective action plans filed under this Law for any purpose not stated in this Law, including, but not limited to, using such information for investigating possible violations of the reporting health care facility's licensing act or its regulations.  The Department is not authorized to select from or between competing alternate health care treatments, services, or practices.(b) The reporting system shall consist of:(1) Mandatory reporting by health care facilities of     adverse health care events.(2) Mandatory completion of a root cause analysis and     a corrective action plan by the health care facility and reporting of the findings of the analysis and the plan to the Department or reporting of reasons for not taking corrective action.(3) Analysis of reported information by the     Department to determine patterns of systemic failure in the health care system and successful methods to correct these failures.(4) Sanctions against health care facilities for     failure to comply with reporting system requirements.(5) Communication from the Department to health care     facilities, to maximize the use of the reporting system to improve health care quality.(c) In establishing the adverse health event reporting system, including the design of the reporting format and annual report, the Department must consult with and seek input from experts and organizations specializing in patient safety.(d) The Department must design the reporting system so that a health care facility may file by electronic means the reports required under this Law.  The Department shall encourage a health care facility to use the electronic filing option when that option is feasible for the health care facility.(e) Nothing in this Section prohibits a health care facility from taking any remedial action in response to the occurrence of an adverse health care event.
(Source: P.A. 94-242, eff. 7-18-05.) (410 ILCS 522/10-35)Sec. 10-35. Analysis of reports; communication of findings.
  The Department shall do the following:(1) Analyze adverse event reports, corrective action     plans, and findings of the root cause analyses to determine patterns of systemic failure in the health care system and successful methods to correct these failures.(2) Communicate to individual health care facilities     the Department's conclusions, if any, regarding an adverse event reported by the health care facility.(3) Communicate to relevant health care facilities     any recommendations for corrective action resulting from the Department's analysis of submissions from facilities.(4) Publish an annual report that does the following:(i) Describes, by institution, adverse health         care events reported.(ii) Summarizes, in aggregate form, the         corrective action plans and findings of root cause analyses submitted by health care facilities.(iii) Describes adopted recommendations for         quality improvement practices. (Source: P.A. 94-242, eff. 7-18-05.) (410 ILCS 522/10-40)Sec. 10-40. Health Care Event Reporting Advisory Committee.   The Department shall appoint a 9-person Health Care Event Reporting Advisory Committee with at least one member from each of the following statewide organizations: one representing hospitals; one representing ambulatory surgical treatment centers; and one representing physicians licensed to practice medicine in all its branches.  The committee shall also include other individuals who have expertise and experience in system-based quality improvement and safety and shall include one public member.  At least 3 of the 9 members shall be individuals who do not have a financial interest in, or a business relationship with, hospitals or ambulatory surgical treatment centers.   The Health Care Event Reporting Advisory Committee shall review the Department's recommendations for potential quality improvement practices and modifications to the list of reportable adverse health care events consistent with national standards.  In connection with its review of the Department's recommendations, the committee shall conduct a public hearing seeking input from health care facilities, health care professionals, and the public. 
(Source: P.A. 94-242, eff. 7-18-05.) (410 ILCS 522/10-45)Sec. 10-45. Testing period.(a) Prior to the testing period in subsection (b), the Department shall adopt rules for implementing this Law in consultation with the Health Care Event Reporting Advisory Committee and individuals who have experience and expertise in devising and implementing adverse health care event or other health care quality reporting systems.  The rules shall establish the methodology and format for health care facilities reporting information under this Law to the Department and shall be finalized before the beginning of the testing period under subsection (b).(b) The Department shall conduct a testing period of at least 6 months to test the reporting process to identify any problems or deficiencies with the planned reporting process.(c) None of the information reported and analyzed during the testing period shall be used in any public report under this Law.(d) The Department must substantially address the problems or deficiencies identified during the testing period before fully implementing the reporting system.(e) After the testing period, and after any corrections, adjustments, or modifications are finalized, the Department must give at least 30 days written notice to health care facilities prior to full implementation of the reporting system and collection of adverse event data that will be used in public reports.(f) Following the testing period, 4 calendar quarters of data must be collected prior to the Department's publishing the annual report of adverse events to the public under paragraph (4) of Section 10-35.(g) The process described in subsections (a) through (e) must be completed by the Department no later than July 1, 2007.(h) Notwithstanding any other provision of law, the Department may contract with an entity for receiving all adverse health care event reports, root cause analysis findings, and corrective action plans that must be reported to the Department under this Law and for the compilation of  the information and the provision of quarterly and annual reports to the Department describing such information according to the rules adopted by the Department under this Law.  
					(Source: P.A. 94-242, eff. 7-18-05; 95-331, eff. 8-21-07.) (410 ILCS 522/10-50)Sec. 10-50. Validity of public reports. None of the information the Department discloses to the public may be made available in any form or fashion unless such information is shared with the health care facilities under review prior to public dissemination of such information. Those health care facilities shall have 30 days to make corrections and to add helpful explanatory comments about the information before the publication.
(Source: P.A. 94-242, eff. 7-18-05.)
(410 ILCS 522/Art. 5 heading) 
			
		
		ARTICLE 5.
(This Article is compiled at 305 ILCS 55/)
		(Source: P.A. 94-242, eff. 7-18-05.)
(410 ILCS 522/Art. 90 heading) 
			
		
		ARTICLE 90.
(Source: P.A. 94-242, eff. 7-18-05.) (410 ILCS 522/90-5)Sec. 90-5. (Amendatory provisions; text omitted).
		(Source: P.A. 94-242, eff. 7-18-05; text omitted.) (410 ILCS 522/90-10)Sec. 90-10. (Amendatory provisions; text omitted).
		(Source: P.A. 94-242, eff. 7-18-05; text omitted.) (410 ILCS 522/90-15)Sec. 90-15. (Amendatory provisions; text omitted).
		(Source: P.A. 94-242, eff. 7-18-05; text omitted.) (410 ILCS 522/90-97)Sec. 90-97. Severability.  The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

		(Source: P.A. 94-242, eff. 7-18-05.) (410 ILCS 522/90-99)Sec. 90-99. Effective date. This Act takes effect upon becoming law.
		(Source: P.A. 94-242, eff. 7-18-05.)
(410 ILCS 525/1) (from Ch. 111 1/2, par. 6701)Sec. 1. 
		
		This Article shall be known and may be cited as the "Illinois Health
and Hazardous Substances Registry Act".
		(Source: P.A. 83-1361.) (410 ILCS 525/2) (from Ch. 111 1/2, par. 6702)Sec. 2. 
		(a) The General Assembly finds that:(i) the dangers of hazardous substances pose a     serious threat to the public health and welfare of the citizens of Illinois;(ii) there exists no unified effort to collect and     analyze information on hazardous substances and their potential health effects;(iii) the lack of comprehensive information has     caused concern on the part of Illinois citizens and a lack of effective control by the State government;(iv) it is the obligation of the State government to     inform and protect the citizens of Illinois by developing a comprehensive and integrated data system on hazardous substances and public health.(b) It is the purpose of this Act to establish a unified Statewide project
to collect, compile and correlate information on public health and hazardous
substances.  Such information is to be used to assist in the determination of
public policy and to provide a source of information for the public, except
when public disclosure of the information would violate the provisions of
subsection (d) of Section 4 concerning confidentiality.(c) In particular, the purpose of the collection of cancer incidence
information is to:(1) monitor incidence trends of cancer to detect         potential public health problems, predict risks and assist in investigating cancer clusters;(2) more accurately target intervention resources         for communities and patients and their families;(3) inform health professionals and citizens         about risks, early detection and treatment of cancers known to be elevated in their communities; and(4) promote high quality research to provide         better information for cancer control and to address public concerns and questions about cancer.		(Source: P.A. 90-607, eff. 6-30-98.) (410 ILCS 525/3) (from Ch. 111 1/2, par. 6703)Sec. 3. For the purposes of this Act, unless the context requires otherwise:(a) "Department" means the Illinois Department of Public Health.(b) "Director" means the Director of the Illinois Department of Public
Health.(c) "Council" means the Health and Hazardous Substances Coordinating
Council  created by this Act.(d) "Registry" means the Illinois Health and Hazardous Substances Registry
established by the Department of Public Health under
Section 6 of this Act.(e) "Cancer" means all malignant neoplasms, regardless of the tissue of
origin, including malignant lymphoma and leukemia.(f) "Cancer incidence" means a medical diagnosis of cancer, consisting
of a record of cases of cancer and specified cases of tumorous or
precancerous diseases which occur in Illinois, and such other information
concerning these cases as the Department deems necessary or appropriate in
order to conduct thorough and complete epidemiological surveys of cancer
and cancer-related diseases in Illinois.(g) "Occupational disease" includes but is not limited to all occupational
diseases covered by the Workers' Occupational Diseases Act.(h)  "Hazardous substances" means a hazardous substance as defined in the
Environmental Protection Act.(i) "Hazardous substances incident" includes but is not limited to a
spill, fire, or accident involving hazardous substances, illegal disposal,
transportation, or use of hazardous substances, and complaints or permit
violations involving hazardous substances.(j) "Company profile" includes but is not limited to the name of any
company operating in the State
of Illinois which generates, uses, disposes of or transports hazardous
substances, identification of the types of permits issued in such company's
name relating to transactions involving hazardous substances, inventory of
hazardous substances handled by such company, and the manner in which such
hazardous substances are used, disposed of, or transported by the company.(k)  "Hazardous nuclear material" means (1) any source or special
nuclear material intended for use or used as an energy source in a
production or utilization facility as defined in Sec. 11.v. or 11.cc. of
the federal Atomic Energy Act of 1954 as amended; (2) any fuel which has
been discharged from such a facility following irradiation, the constituent
elements of which have not been separated by reprocessing; or (3) any
by-product material resulting from operation of such a facility.(l)
 "Adverse pregnancy outcome" includes but is not limited to
birth defects, fetal loss, infant mortality, low birth weight, selected
life-threatening conditions, and other developmental disabilities as
defined by the Department.(m) "News medium" means any newspaper or other periodical issued at regular intervals, whether in print or electronic format, and having a general circulation; a news service, whether in print or electronic format; a radio station, a television station; a television network; a community antenna television service; and any person or corporation engaged in the making of news reels or other motion picture news for public showing.(n) "Researcher" means an individual who is affiliated with or supported by universities, academic centers, research institutions, hospitals, and governmental entities who conduct scientific research or investigation on human diseases.
(Source: P.A. 95-941, eff. 8-29-08.) (410 ILCS 525/4) (from Ch. 111 1/2, par. 6704)Sec. 4. (a) There is created the Health and Hazardous Substances
Coordinating Council, to be comprised of the following persons ex officio
or their designees: Dean of the School of Public Health of the University of
Illinois, Director of Natural Resources, Director of Public
Health, Director of Labor, Director of Agriculture, Director of the
Environmental Protection Agency and the Director of Nuclear Safety.The University of Illinois School of Public Health shall advise the
Department in the design, function and utilization of the Registry.(b) To facilitate the collection of cancer incidence information, the
Department, in consultation with the Advisory Board of Cancer Control,
shall have the authority to require hospitals, laboratories or other
facilities to report incidences of cancer and other specified tumorous and
precancerous diseases to the Department, and to require the submission of
such other information pertaining to or in connection with such reported
cases as the Department deems necessary or appropriate for the purposes of
this Act.  The Department may promulgate rules or regulations specifying
the hospitals, laboratories or other facilities which are required to
submit information pursuant to this Section, the types of information
required to be submitted, methods of submitting such information and any
other detail deemed by the Department to be necessary or appropriate for
administration of this Act.  Nothing in this Act shall be construed to
compel any individual to submit to a medical examination or supervision.(c) The Director shall by rule or regulation establish standards or
guidelines for ensuring the protection of information made confidential or
privileged under law.(d) The identity, or any group of facts that tends to lead to
the
identity, of any person whose condition or treatment is submitted to the
Illinois Health and Hazardous Substances Registry is confidential and shall
not be open to public inspection or dissemination and is exempt from disclosure under Section 7 of the Freedom of Information Act.  The following data elements, alone or in combination, are confidential, shall not be open to public inspection or dissemination, and are exempt from disclosure under Section 7 of the Freedom of Information Act: name, social security number, street address, email address, telephone number, fax number, medical record number, certificate/license number, reporting source (unless permitted by the reporting facility), age (unless aggregated for 5 or more years, ZIP code (unless aggregated for 5 or more years), and diagnosis date (unless aggregated for one or more years for the entire State or for 3 or more years for a single county).
  The identity of any person or persons claimed
to be derived from cancer registry data is not admissible in evidence, and no
court shall require information to be produced in discovery if it determines
that the information tends to lead to the identity of any person.
Information for
specific research purposes may be released in accordance with procedures
established by the Department.
Except as provided by rule, and as part of an epidemiologic
investigation, an officer or employee of the Department may interview a
patient named in a report made under this Act, or relatives of any such
patient, only with the express written consent of the patient.(e) Hospitals, laboratories, other facilities or physicians shall not be
held liable for the release of information or confidential data to the
Department in accordance with this Act.  The Department shall protect any
information made confidential or privileged under law.
(Source: P.A. 95-941, eff. 8-29-08.) (410 ILCS 525/5) (from Ch. 111 1/2, par. 6705)Sec. 5. 
		The Council shall have the following duties:(i) to oversee and ensure the effective administration of this Act by the Department;(ii) to coordinate and facilitate the collection of information by the
Department under this Act;(iii) to initiate and coordinate efforts to obtain private or public grants
to fund the Registry;(iv) to approve the annual report issued by the Department pursuant to
subsection (d) of Section
6 of this Act; and(v) to establish guidelines, as it deems necessary or desirable, for the
effective administration of this Act.
		(Source: P.A. 83-1361.) (410 ILCS 525/6) (from Ch. 111 1/2, par. 6706)Sec. 6. 
		
		(a) No later than January 1, 1985, the Department shall
commence the work necessary to compile the information which will
constitute the Health and Hazardous Substances Registry.  The Registry shall consist
of the compilation of information in the following categories:(i) adverse pregnancy outcomes;(ii) cancer incidences;(iii) occupational diseases;(iv) location, transportation, and exposure to hazardous nuclear materials;(v) company profiles; and(vi) hazardous substances incidents.The Department, pursuant to any guidelines established by the Council,
shall promulgate rules or regulations specifying the types of information
in each category which will be compiled for the Registry.  Such information
shall be compiled in the Registry in such a manner as
to allow for geographical correlation of the data on public health and the data on
hazardous substances and hazardous nuclear materials.
 To the extent feasible, the Registry shall be compatible with other
national models of such type so as to facilitate the coordination of
information with other data bases.
		(Source: P.A. 83-1361.) (410 ILCS 525/7) (from Ch. 111 1/2, par. 6707)Sec. 7. 
		
		Subject to appropriation, monies in the Hazardous Waste
Research Fund in the State Treasury
shall be available to the Department for the administration of the Registry.
In addition, the Department shall have the authority to accept, receive and administer
on behalf of the Registry any grants, gifts, loans or other funds made available
to the Registry from any source for purposes of this Act.
		(Source: P.A. 83-1361.) (410 ILCS 525/8) (from Ch. 111 1/2, par. 6708)Sec. 8. 
		
		The Department shall annually report to the General Assembly
beginning August 31, 1986 and every year thereafter.  The annual report
shall include information on the progress of the Registry, as well as
descriptions of any studies which are underway or have been completed,
including those performed to determine the potential public health
significance of an increase in cancer incidence, together with any findings
and recommendations.  The annual report shall also include a list of those
persons, organizations and agencies which have refused to cooperate with
the Department in the collection or transmittal of information under this Act.
		(Source: P.A. 85-1218.) (410 ILCS 525/9) (from Ch. 111 1/2, par. 6709)Sec. 9. The Department shall utilize the Registry to conduct research
on the relationships between hazardous substances, hazardous nuclear
materials, and public health issues.  In consultation with the Council, the
Director shall establish guidelines for determining the specific questions
and areas to be researched. The guidelines shall specifically include the
question of the potential public health significance of an increase in
cancer incidence. Upon the approval of the Council, the information
contained in the Registry shall be available to other State agencies
wishing to conduct research on these issues. Upon review and approval of an appropriate Institutional Review Board (IRB) or its equivalent on protection of human subjects in research, the Department shall release data to researchers for purposes of medical and scientific research consistent with the fundamental purposes of the Registry.

(Source: P.A. 95-941, eff. 8-29-08.) (410 ILCS 525/9.1)Sec. 9.1. Release of data to news media. Upon review and approval of an appropriate Institutional Review Board (IRB) or its equivalent on protection of human subjects in research, the Department shall release data not otherwise available for release under the Freedom of Information Act to news media for purposes of public interest research consistent with the fundamental purposes of the Registry.
(Source: P.A. 95-941, eff. 8-29-08.) (410 ILCS 525/10) (from Ch. 111 1/2, par. 6710)Sec. 10. 
		
		The Department may enter into contracts with individuals,
corporations, hospitals, universities, not-for-profit corporations,
governmental entities or other organizations whereby such individuals,
organizations or agencies agree to provide assistance in the compilation of
the Registry or to conduct research on behalf of the Department consistent
with the purposes of this Act. The Director shall adopt rules governing
such contracts, which shall include (1) requirements for a written protocol
outlining the purpose and public benefit of the research, (2) the
description, methods and projected results of the research, (3) peer review
by other scientists, (4) the methods and facilities to protect the
confidentiality of the data, and (5) the qualifications of the researcher
proposing to undertake the research.
		(Source: P.A. 85-1218.) (410 ILCS 525/11) (from Ch. 111 1/2, par. 6711)Sec. 11. 
		
		The University of Illinois School of Public Health shall
conduct educational programs for the Department to further the
dissemination of knowledge about the relationship between toxic substances
and human health which will be useful in the formulation of public policy
and will be a source of information for the public.
		(Source: P.A. 83-1361.) (410 ILCS 525/12) (from Ch. 111 1/2, par. 6712)Sec. 12. All information contained in the Registry, as well as all
reports issued by the Department, including the annual report, shall be
made available to the public upon request; provided, however, nothing in
this Act permits public disclosure of any information made confidential or
privileged pursuant to this Act or any other statute. Identification or contact of individuals from public reports or data released under the Freedom of Information Act is prohibited. The Director may, by
rule,
establish fees to be charged to persons or organizations other than State
agencies for requested summaries or analyses of data which are not
otherwise included in an annual report.  The fees shall not be more than
the cost to the Department of supplying the requested information. The Department shall make available on its web site non-confidential public use databases for easy and direct access and download by the public.

(Source: P.A. 95-941, eff. 8-29-08.) (410 ILCS 525/13) (from Ch. 111 1/2, par. 6713)Sec. 13. 
		(a) Violation of this Act is a Class A misdemeanor.(b) Any person who violates this Act shall be liable for a civil penalty
not to exceed $1,000 for each violation.(c) The Council may request the Attorney General or the State's Attorney
of the county in which the violation occurred to proceed in a court of
competent jurisdiction to secure such relief as provided in this Section,
as well as injunctive relief to restrain violations of this Act.
		(Source: P.A. 83-1361.) (410 ILCS 525/14) (from Ch. 111 1/2, par. 6714)Sec. 14. 
		
		The Department may promulgate rules and regulations for the
implementation of this Act.
		(Source: P.A. 83-1361.)
(410 ILCS 527/1)Sec. 1. Short title. This Act may be cited as the Immunization Data Registry Act.
(Source: P.A. 97-117, eff. 7-14-11.) (410 ILCS 527/5)Sec. 5. Definition. For the purpose of this Act, "Department" means the Department of Public Health.
(Source: P.A. 97-117, eff. 7-14-11.) (410 ILCS 527/10)Sec. 10. Development of registry; purposes.(a) The Department may develop and maintain an
immunization data registry to collect, store, analyze, release, and
report immunization data.(b) Data in the immunization registry may be used only for the
following purposes:(1) To ensure that necessary immunizations are     provided and over-immunization is avoided.(2) To assess immunization coverage rates.(3) To determine areas of under-immunization and     other epidemiological research for disease control purposes.(4) To document that required immunizations have been     provided as required for school or child care admission.(5) To determine coverage levels for various     subpopulations (geographic, racial and ethnic, and age groups) in this State.(6) To accomplish other public health purposes as     determined by the Department.(Source: P.A. 97-117, eff. 7-14-11.) (410 ILCS 527/15)Sec. 15. Provision of immunization data to registry; exemption forms;
written information on immunization registry.(a) A health care provider, physician's designee, or pharmacist's
designee may provide immunization data to be entered into the immunization data
registry in a manner prescribed by the Department and for the
purposes allowed under this Act unless the patient or the patient's parent or guardian, if the patient is less than
18 years of age,
has completed and filed with the provider, physician's designee, or
pharmacist's designee a written immunization data exemption form.(b) The Department shall create and provide copies of
immunization data exemption forms to health care providers who are authorized to
administer immunizations and
individuals
who request the form.
The forms shall also be accessible from the immunization data registry system itself.(c) The Department shall distribute to health care providers, upon
request, written information to be disseminated to patients that
describes the immunization data registry. The written information
and the immunization data exemption forms must include all of the following information:(1) A description of the immunization data registry     and its purpose.(2) That the health care provider may report     immunization data to the Department to be entered into the immunization data registry.(3) That the patient or the patient's parent or     guardian, if the patient is less than 18 years of age, has a right to exempt disclosure of immunization data to the registry and may prevent disclosure by signing an immunization data exemption form.(4) That the patient or the patient's parent or     guardian, if the patient is less than 18 years of age, may have the individual's information removed from the immunization data registry.(5) Instructions on how to have the information     removed.(Source: P.A. 97-117, eff. 7-14-11.) (410 ILCS 527/17)Sec. 17. Immunization data exemption form; immunization providers. Before entering immunization data into the immunization data registry, authorized immunization providers who provide immunization data into the immunization data registry shall provide the patient or the patient's parent or guardian, if the patient is less than 18 years of age, with a printed immunization data exemption form at least once.  The printed immunization data exemption form may be distributed in conjunction with the Vaccine Information Statements that are required to be disseminated by the National Childhood Vaccine Injury Act before giving any vaccine containing diphtheria, tetanus, pertussis, measles, mumps, rubella, polio, hepatitis A, hepatitis B, Haemophilus influenzae type b (Hib), influenza, pneumococcal conjugate, meningococcal, rotavirus, human papillomavirus (HPV), or varicella (chickenpox) vaccine.
(Source: P.A. 97-117, eff. 7-14-11.) (410 ILCS 527/20)Sec. 20. Confidentiality of information; release of information; statistics;
panel on expanding access.(a) Records maintained as part of the immunization data
registry are confidential.(b) The Department may release an individual's confidential
information to the individual or to the individual's parent or guardian
if the individual is less than 18 years of age.(c) Subject to subsection (d) of this Section, the Department may release
information in the immunization data registry concerning an
individual to the following entities:(1) The immunization data registry of another state.(2) A health care provider or a health care     provider's designee.(3) A local health department.(4) An elementary or secondary school that is     attended by the individual.(5) A licensed child care center in which the     individual is enrolled.(6) A licensed child-placing agency.(7) A college or university that is attended by the     individual.(8) The Department of Healthcare and Family Services     or a managed care entity contracted with the Department of Healthcare and Family Services to coordinate the provision of medical care  to enrollees of the medical assistance program.(d) Before immunization data may be released to an entity, the
entity must enter into an agreement with the Department that
provides that information that identifies a patient will not be released
to any other person without the written consent of the patient.(e) The Department may release summary statistics regarding
information in the immunization data registry if the summary
statistics do not reveal the identity of an individual.

(Source: P.A. 97-117, eff. 7-14-11; 98-651, eff. 6-16-14.) (410 ILCS 527/25)Sec. 25. Immunity for providing data; penalty.(a) An entity described in subsection (c) of Section 20 of this Act, the
Department, or an agent of the Department who in good
faith provides or receives immunization information is immune from
civil and criminal liability for the following actions:(1) Providing information to the immunization data     registry.(2) Using the immunization data registry information     to verify that a patient or child has received proper immunizations.(3) Using the immunization data registry information     to inform a patient or the child's parent or guardian of the patient's or child's immunization status or that an immunization is due according to recommended immunization schedules.(b) A person who knowingly, intentionally, or recklessly discloses
confidential information contained in the immunization data registry
in violation of this Act commits a Class A misdemeanor.
(Source: P.A. 97-117, eff. 7-14-11.) (410 ILCS 527/99)Sec. 99. Effective date. This Act takes effect July 1, 2011. 
(Source: P.A. 97-117, eff. 7-14-11.)
(410 ILCS 528/1)Sec. 1. Short title. This Act may be cited as the Lupus Education and Awareness Act.
(Source: P.A. 96-1108, eff. 1-1-11.) (410 ILCS 528/5)Sec. 5. Legislative findings and purpose.(a) The General Assembly finds the following:(1) Lupus is an urgent national health issue.  Lupus     is the result of an immune system that is unbalanced and can become destructive to any organ or tissue in the body.  Lupus is unpredictable and potentially fatal, yet no satisfactory treatment exists.  Its health consequences include heart attacks, strokes, seizures, and organ failure.(2) National data indicates that more than 1.5     million Americans live with some form of lupus; lupus affects women 9 times more often than men, and 80% of newly diagnosed cases of lupus develop among women of childbearing age.  An estimated 65,000 people with lupus reside in Illinois.(3) Lupus disproportionately affects women of color;     it is 2 to 3 times more common among African Americans, Hispanics and Latinos, Asians, and Native Americans and is generally more prevalent in minority populations, a health disparity that remains unexplained.(4) No new drugs have been approved by the U.S. Food     and Drug Administration specifically for lupus in 50 years and, while current treatments for the disease can be effective, they can lead to damaging side effects.(5) The pain and fatigue associated with lupus can     threaten one's ability to live independently, make it difficult to maintain employment, and lead normal lives. One in 5 people with lupus is disabled by the disease and consequently receives support from government programs, including Medicare, Medicaid, Social Security Disability, and Social Security Supplemental Income.(6) The estimated average annual total of direct and     indirect costs for an individual with lupus is $21,000; for people who have the most serious form of lupus, medical costs can greatly exceed this amount, causing a significant economic, emotional, and social burden to the entire family and society.(b) The purpose of this Act is to create a multi-pronged, statewide program to promote public and health professional awareness among State and local health and human services officials, physicians, nurses, and other health care providers and increase knowledge concerning the causes and consequences of lupus, the importance of early diagnosis and appropriate management, and effective treatment and management strategies by taking the following actions:(1) Conducting educational and training programs for     health professionals on lupus diagnosis and management.(2) Disseminating medically sound educational     materials and information on lupus research findings to patients and health care professionals.(3) Fostering greater public understanding and     awareness of lupus statewide. (Source: P.A. 96-1108, eff. 1-1-11.) (410 ILCS 528/10)Sec. 10. Definitions.  For the purpose of this Act:"Department" means the Department of Public Health."Director" means the Director of Public Health."Panel" means the Interagency and Partnership Advisory Panel on Lupus."Program" means the Lupus Education and Awareness Program (LEAP).(Source: P.A. 96-1108, eff. 1-1-11.) (410 ILCS 528/15)Sec. 15. Establishment of the Lupus Education and Awareness Program.(a) Subject to appropriation, there is created within the Department of Public Health the Lupus Education and Awareness Program (LEAP). The Program shall be composed of various components, including, but not limited to, public awareness activities and professional education programs. Subject to appropriation, the Interagency and Partnership Advisory Panel on Lupus is created to oversee LEAP and advise the Department in implementing LEAP.(b) The Department shall establish, promote, and maintain the Lupus Education and Awareness Program with an emphasis on minority populations and at-risk communities in order to raise public awareness, educate consumers, and educate and train health professionals, human service providers, and other audiences.The Department shall work with a national organization that deals with lupus to implement programs to raise public awareness about the symptoms and nature of lupus, personal risk factors, and options for diagnosing and treating the disease, with a particular focus on populations at elevated risk for lupus, including women and communities of color.The Program shall include initiatives to educate and train physicians, health care professionals, and other service providers on the most up-to-date and accurate scientific and medical information regarding lupus diagnosis, treatment, risks and benefits of medications, research advances, and therapeutic decision making, including medical best practices for detecting and treating the disease in special populations.  These activities shall include, but not be limited to, all of the following:(1) Distribution of medically-sound health     information produced by a national organization that deals with lupus and government agencies, including, but not limited to, the National Institutes of Health, the Centers for Disease Control and Prevention, and the Social Security Administration, through local health departments, schools, agencies on aging, employer wellness programs, physicians and other health professionals, hospitals, health plans and health maintenance organizations, women's health programs, and nonprofit and community-based organizations.(2) Development of educational materials for health     professionals that identify the latest scientific and medical information and clinical applications.(3) Working to increase knowledge among physicians,     nurses, and health and human services professionals about the importance of lupus diagnosis, treatment, and rehabilitation.(4) Support of continuing medical education programs     presented by the leading State academic institutions by providing them with the most up-to-date information.(5) Providing statewide workshops and seminars for     in-depth professional development regarding the care and management of patients with lupus in order to bring the latest information on clinical advances to care providers.(6)  Development and maintenance of a directory of     lupus-related services and lupus health care providers with specialization in services to diagnose and treat lupus. The Department shall disseminate this directory to all stakeholders, including, but not limited to, individuals with lupus, families, and representatives from voluntary organizations, health care professionals, health plans, and State and local health agencies.(c) The Director shall do all of the following:(1) Designate a person in the Department to oversee     the Program.(2) Identify the appropriate entities to carry out     the Program, including, but not limited to, the following:  local health departments, schools, agencies on aging, employer wellness programs, physicians and other health professionals, hospitals, health plans and health maintenance organizations, women's health organizations, and nonprofit and community-based organizations.(3) Base the Program on the most current scientific     information and findings.(4) Work with governmental entities, community and     business leaders, community organizations, health care and human service providers, and national, State, and local organizations to coordinate efforts to maximize State resources in the areas of lupus education and awareness.(5) Use public health institutions for dissemination     of medically sound health materials.(d) The Department shall establish and coordinate the Interagency and Partnership Advisory Panel on Lupus consisting of 15 members, one of whom shall be appointed by the Director as the chair.

The Panel shall be composed of:(1)  at least 3 individuals with lupus;(2) three representatives from relevant State     agencies including the Department;(3) three scientists with experience in lupus who     participate in various fields of scientific endeavor, including, but not limited to, biomedical research, social, translational, behavioral, and epidemiological research, and public health;(4) two medical clinicians with experience in     treating people with lupus; and(5) four representatives from relevant nonprofit     women's and health organizations, including one representative from a national organization that deals with the treatment of lupus.Individuals and organizations may submit nominations to the Director to be named to the Panel.  Such nominations may include the following:(i) representatives from appropriate State     departments and agencies, such as entities with responsibility for health disparities, public health programs, education, public welfare, and women's health programs;(ii) health and medical professionals with expertise     in lupus; and(iii) individuals with lupus, and recognized experts     in the provision of health services to women, lupus research, or health disparities.All members of the panel shall serve terms of 2 years. A member may be appointed to serve not more than 2 terms, whether or not consecutive.

A majority of the members of the panel shall constitute a quorum. A majority vote of a quorum shall be required for any official action of the Panel.

The Panel shall meet at the call of the chair, but not less than 2 times per year. All members shall serve without compensation, but shall be entitled to actual, necessary expenses incurred in the performance of their business as members of the Panel in accordance with the reimbursement policies for the State.
(Source: P.A. 102-558, eff. 8-20-21.) (410 ILCS 528/20)Sec. 20. Funding. Subject to the availability of funds, the Department may make expenditures of up to $2,500 for fiscal year 2010 for use toward providing educational materials to clinics serving a high percentage of minorities in this State. The Director may accept grants, services, and property from the federal government, foundations, organizations, medical schools, and other entities as may be available for the purposes of fulfilling the obligations of this Program. Any such funds shall only supplement any appropriations made for the implementation of this Act. The Director shall seek any federal waiver or waivers that may be necessary to maximize funds from the federal government to implement the Program.
(Source: P.A. 96-1108, eff. 1-1-11.) (410 ILCS 528/25)Sec. 25. Staffing.  The Department of Public Health shall provide staffing and administrative support for the implementation of the provisions of this Act.
(Source: P.A. 96-1108, eff. 1-1-11.)
(410 ILCS 53/1)Sec. 1. Short title. This Act may be cited as the Suicide Prevention, Education, and Treatment Act.
(Source: P.A. 93-907, eff. 8-11-04.) (410 ILCS 53/5)(Text of Section before amendment by P.A. 102-982)Sec. 5. Legislative findings.
 The General Assembly makes the following findings:(1) 1,474 Illinoisans lost their lives to suicide in     2017. During 2016, suicide was the eleventh leading cause of death in Illinois, causing more deaths than homicide, motor vehicle accidents, accidental falls, and numerous prevalent diseases, including liver disease, hypertension, influenza/pneumonia, Parkinson's disease, and HIV. Suicide was the third leading cause of death of ages 15 to 34 and the fourth leading cause of death of ages 35 to 54. Those living outside of urban areas are particularly at risk for suicide, with a rate that is 50% higher than those living in urban areas.(2) For every person who dies by suicide, more than     30 others attempt suicide.(3) Each suicide attempt and death impacts countless     other individuals. Family members, friends, co-workers, and others in the community all suffer the long-lasting consequences of suicidal behaviors.(4) Suicide attempts and deaths by suicide have an     economic impact on Illinois. The National Center for Injury Prevention and Control estimates that in 2010 each suicide death in Illinois resulted in $1,181,549 in medical costs and work loss costs. It also estimated that each hospitalization for self-harm resulted in $31,019 in medical costs and work loss costs and each emergency room visit for self-harm resulted in $4,546 in medical costs and work loss costs.(5) In 2004, the Illinois General Assembly passed the     Suicide Prevention, Education, and Treatment Act (Public Act 93-907), which required the Illinois Department of Public Health to establish the Illinois Suicide Prevention Strategic Planning Committee to develop the Illinois Suicide Prevention Strategic Plan. That law required the use of the 2002 United States Surgeon General's National Suicide Prevention Strategy as a model for the Plan. Public Act 95-109 changed the name of the committee to the Illinois Suicide Prevention Alliance. The Illinois Suicide Prevention Strategic Plan was submitted in 2007 and updated in 2018.(6) In 2004, there were 1,028 suicide deaths in     Illinois, which the Centers for Disease Control reports was an age-adjusted rate of 8.11 deaths per 100,000. The Centers for Disease Control reports that the 1,474 suicide deaths in 2017 result in an age-adjusted rate of 11.19 deaths per 100,000. Thus, since the enactment of Public Act 93-907, the rate of suicides in Illinois has risen by 38%.(7) Since the enactment of Public Act 93-907, there     have been numerous developments in suicide prevention, including the issuance of the 2012 National Strategy for Suicide Prevention by the United States Surgeon General and the National Action Alliance for Suicide Prevention containing new strategies and recommended activities for local governmental bodies.(8) Despite the obvious impact of suicide on Illinois     citizens, Illinois has devoted minimal resources to its prevention. There is no full-time coordinator or director of suicide prevention activities in the State. Moreover, the Suicide Prevention Strategic Plan is still modeled on the now obsolete 2002 National Suicide Prevention Strategy.(9) It is necessary to revise the Suicide Prevention     Strategic Plan to reflect the most current National Suicide Prevention Strategy as well as current research and experience into the prevention of suicide.(10) One of the goals adopted in the 2012 National     Strategy for Suicide Prevention is to promote suicide prevention as a core component of health care services so there is an active engagement of health and social services, as well as the coordination of care across multiple settings, thereby ensuring continuity of care and promoting patient safety.(11) Integrating suicide prevention into behavioral     and physical health care services can save lives. National data indicate that: over 30% of individuals are receiving mental health care at the time of their deaths by suicide; 45% have seen their primary care physicians within one month of their deaths; and 25% of those who die of suicide visited an emergency department in the year prior to their deaths.(12) The Zero Suicide model is a part of the National     Strategy for Suicide Prevention, a priority of the National Action Alliance for Suicide Prevention, and a project of the Suicide Prevention Resource Center that implements the goal of making suicide prevention a core component of health care services.(13) The Zero Suicide model is built on the     foundational belief and aspirational goal that suicide deaths of individuals who are under the care of our health care systems are preventable with the adoption of comprehensive training, patient engagement, transition, and quality improvement.(14) Health care systems, including mental and     behavioral health systems and hospitals, that have implemented the Zero Suicide model have noted significant reductions in suicide deaths for patients within their care.(15) The Suicide Prevention Resource Center     facilitates adoption of the Zero Suicide model by providing comprehensive information, resources, and tools for its implementation. 
(Source: P.A. 101-331, eff. 8-9-19.)(Text of Section after amendment by P.A. 102-982)Sec. 5. Legislative findings.
 The General Assembly makes the following findings:(1) 1,474 Illinoisans lost their lives to suicide in     2017. During 2016, suicide was the eleventh leading cause of death in Illinois, causing more deaths than homicide, motor vehicle crashes, accidental falls, and numerous prevalent diseases, including liver disease, hypertension, influenza/pneumonia, Parkinson's disease, and HIV. Suicide was the third leading cause of death of ages 15 to 34 and the fourth leading cause of death of ages 35 to 54. Those living outside of urban areas are particularly at risk for suicide, with a rate that is 50% higher than those living in urban areas.(2) For every person who dies by suicide, more than     30 others attempt suicide.(3) Each suicide attempt and death impacts countless     other individuals. Family members, friends, co-workers, and others in the community all suffer the long-lasting consequences of suicidal behaviors.(4) Suicide attempts and deaths by suicide have an     economic impact on Illinois. The National Center for Injury Prevention and Control estimates that in 2010 each suicide death in Illinois resulted in $1,181,549 in medical costs and work loss costs. It also estimated that each hospitalization for self-harm resulted in $31,019 in medical costs and work loss costs and each emergency room visit for self-harm resulted in $4,546 in medical costs and work loss costs.(5) In 2004, the Illinois General Assembly passed the     Suicide Prevention, Education, and Treatment Act (Public Act 93-907), which required the Illinois Department of Public Health to establish the Illinois Suicide Prevention Strategic Planning Committee to develop the Illinois Suicide Prevention Strategic Plan. That law required the use of the 2002 United States Surgeon General's National Suicide Prevention Strategy as a model for the Plan. Public Act 95-109 changed the name of the committee to the Illinois Suicide Prevention Alliance. The Illinois Suicide Prevention Strategic Plan was submitted in 2007 and updated in 2018.(6) In 2004, there were 1,028 suicide deaths in     Illinois, which the Centers for Disease Control reports was an age-adjusted rate of 8.11 deaths per 100,000. The Centers for Disease Control reports that the 1,474 suicide deaths in 2017 result in an age-adjusted rate of 11.19 deaths per 100,000. Thus, since the enactment of Public Act 93-907, the rate of suicides in Illinois has risen by 38%.(7) Since the enactment of Public Act 93-907, there     have been numerous developments in suicide prevention, including the issuance of the 2012 National Strategy for Suicide Prevention by the United States Surgeon General and the National Action Alliance for Suicide Prevention containing new strategies and recommended activities for local governmental bodies.(8) Despite the obvious impact of suicide on Illinois     citizens, Illinois has devoted minimal resources to its prevention. There is no full-time coordinator or director of suicide prevention activities in the State. Moreover, the Suicide Prevention Strategic Plan is still modeled on the now obsolete 2002 National Suicide Prevention Strategy.(9) It is necessary to revise the Suicide Prevention     Strategic Plan to reflect the most current National Suicide Prevention Strategy as well as current research and experience into the prevention of suicide.(10) One of the goals adopted in the 2012 National     Strategy for Suicide Prevention is to promote suicide prevention as a core component of health care services so there is an active engagement of health and social services, as well as the coordination of care across multiple settings, thereby ensuring continuity of care and promoting patient safety.(11) Integrating suicide prevention into behavioral     and physical health care services can save lives. National data indicate that: over 30% of individuals are receiving mental health care at the time of their deaths by suicide; 45% have seen their primary care physicians within one month of their deaths; and 25% of those who die of suicide visited an emergency department in the year prior to their deaths.(12) The Zero Suicide model is a part of the National     Strategy for Suicide Prevention, a priority of the National Action Alliance for Suicide Prevention, and a project of the Suicide Prevention Resource Center that implements the goal of making suicide prevention a core component of health care services.(13) The Zero Suicide model is built on the     foundational belief and aspirational goal that suicide deaths of individuals who are under the care of our health care systems are preventable with the adoption of comprehensive training, patient engagement, transition, and quality improvement.(14) Health care systems, including mental and     behavioral health systems and hospitals, that have implemented the Zero Suicide model have noted significant reductions in suicide deaths for patients within their care.(15) The Suicide Prevention Resource Center     facilitates adoption of the Zero Suicide model by providing comprehensive information, resources, and tools for its implementation. (Source: P.A. 101-331, eff. 8-9-19; 102-982, eff. 7-1-23.) (410 ILCS 53/10)Sec. 10. Definitions.
 For the purpose of this Act, unless the context otherwise requires:"Alliance" means the Illinois Suicide Prevention Alliance."Department" means the Department of Public Health."Plan" means the Illinois Suicide Prevention Strategic Plan set forth in Section 15.
					(Source: P.A. 95-109, eff. 1-1-08.) (410 ILCS 53/13)Sec. 13. Duration; report. The Department, in consultation with the Illinois Suicide Prevention Alliance, must submit an annual report to the Governor and General Assembly on the effectiveness of the activities and programs undertaken under the Plan that includes any recommendations for modification to Illinois law to enhance the effectiveness of the Plan. 
(Source: P.A. 101-331, eff. 8-9-19.) (410 ILCS 53/15)Sec. 15. Suicide Prevention Alliance.(a) The Alliance is created as the official grassroots creator, planner, monitor, and advocate for the Illinois Suicide Prevention Strategic Plan. No later than one year after the effective date of this amendatory Act of the 101st General Assembly, the Alliance shall review, finalize, and submit to the Governor and the General Assembly the 2020 Illinois Suicide Prevention Strategic Plan and appropriate processes and outcome objectives for 10 overriding recommendations and a timeline for reaching these objectives.(b) The Plan shall include:(1) recommendations from the most current National     Suicide Prevention Strategy;(2) current research and experience into the     prevention of suicide;(3) measures to encourage and assist health care     systems and primary care providers to include suicide prevention as a core component of their services, including, but not limited to, implementing the Zero Suicide model; and(4) additional elements as determined appropriate by     the Alliance.The Alliance shall review the statutorily prescribed missions of major State mental health, health, aging, and school mental health programs and recommend, as necessary and appropriate, statutory changes to include suicide prevention in the missions and procedures of those programs. The Alliance shall prepare a report of that review, including its recommendations, and shall submit the report to the Department for inclusion in its annual report to the Governor and the General Assembly.(c) The Director of Public Health shall appoint the members of the Alliance. The membership of the Alliance shall include, without limitation, representatives of statewide organizations and other agencies that focus on the prevention of suicide and the improvement of mental health treatment or that provide suicide prevention or survivor support services. Other disciplines that shall be considered for membership on the Alliance include law enforcement, first responders (including, but not limited to, emergency medical dispatchers), faith-based community leaders, universities, and survivors of suicide (families and friends who have lost persons to suicide) as well as consumers of services of these agencies and organizations.(d) The Alliance shall meet at least 4 times a year, and more as deemed necessary, in various sites statewide in order to foster as much participation as possible. The Alliance, a steering committee, and core members of the full committee shall monitor and guide the definition and direction of the goals of the full Alliance, shall review and approve productions of the plan, and shall meet before the full Alliance meetings.
(Source: P.A. 101-331, eff. 8-9-19; 102-1006, eff. 1-1-23.) (410 ILCS 53/20)Sec. 20. General awareness and screening program.(a) The Department shall provide technical assistance for the work of the Alliance and the production of the Plan and shall distribute general information and screening tools for suicide prevention to the general public through local public health departments throughout the State.  These materials shall be distributed to agencies, schools, hospitals, churches, places of employment, and all related professional caregivers to educate all citizens about warning signs and interventions that all persons can do to stop the suicidal cycle.(b) This program shall include, without limitation, all of the following:(1) Educational programs about warning signs and how     to help suicidal individuals.(2) Educational presentations about suicide risk and     how to help at-risk people in special populations and with bilingual support to special cultures.(3) The designation of an annual suicide awareness     week or month to include a public awareness campaign on suicide.(4) An annual statewide suicide prevention conference.(5) An Illinois Suicide Prevention Speaker's Bureau.(6) A program to educate the media regarding the     guidelines developed by the American Association for Suicidology for coverage of suicides and to encourage media cooperation in adopting these guidelines in reporting suicides.(7) Increased training opportunities for volunteers,     professionals, and other caregivers to develop specific skills for assessing suicide risk and intervening to prevent suicide.(Source: P.A. 101-331, eff. 8-9-19.) (410 ILCS 53/25)Sec. 25. Additional duties of the Alliance.
 The Alliance shall:(1) Act as an advisor and lead consultant on the     design, implementation, and evaluation of all programs outlined in this Act.(2) Establish interagency policy and procedures among     appropriate agencies for the collaboration and coordination needed to implement the programs outlined in this Act.(3) Design, review, select, and monitor proposals for     the implementation of these activities in agencies throughout the State.					(Source: P.A. 95-109, eff. 1-1-08.) (410 ILCS 53/30)Sec. 30. Suicide prevention pilot programs.(a) The Department shall establish, when funds are appropriated, programs, including, but not limited to, pilot and demonstration programs, that are consistent with the Plan.(b) The funds appropriated for purposes of this Section shall be allocated by the Department on a competitive, grant-submission basis, which shall include consideration of different rates of risk of suicide based on age, ethnicity, gender, prevalence of mental health disorders, different rates of suicide based on geographic areas in Illinois, and the services and curriculum offered to fit these needs by the applying agency.
(Source: P.A. 101-331, eff. 8-9-19.) (410 ILCS 53/99)(This Act was approved by the Governor on August 11, 2004, so the actual effective date of this Act is August 11, 2004)Sec. 99. Effective date. This Act takes effect July 1, 2004.
		
(Source: P.A. 93-907, eff. 8-11-04.)
(410 ILCS 530/0.01) (from Ch. 40, par. 900)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Marriage, Dissolution, and Invalidity Records Act.
		(Source: P.A. 86-1324.) (410 ILCS 530/1) (from Ch. 40, par. 901)Sec. 1. 
		
		The Department of Public Health has charge of the
registration of marriages, dissolutions of marriages and declarations of
invalidity of marriages in the
State. The Department has the authority and duty to1.  Install and maintain a state-wide system of registering,
indexing, and preserving records of marriage, dissolution of marriage and
declaration of invalidity of marriage;2.  Prescribe and furnish forms for collecting, transcribing,
compiling, and preserving the records and statistics of marriage,
dissolution of marriage and declaration of invalidity of marriage;3.  Make and publish a statistical report of the marriages, dissolutions
of marriages and declarations of invalidity of marriages in the State at least annually.Forms relating to dissolution of marriage shall, among other things, show the age of
the individuals at the time of the marriage and at the time of the dissolution
of marriage.Information required to be filed under this Act relates only to
marriages, dissolutions of marriages or declarations of invalidity of marriages
which occur on or after January 1, 1962.
		(Source: P.A. 81-230.) (410 ILCS 530/2) (from Ch. 40, par. 902)Sec. 2. 
		
		The Department may cause the records of marriage,
dissolution of marriage and declaration of invalidity of marriage
established under this Act to be reproduced on microfilm for permanent
retention.  Such microfilm shall comply with the minimum standards of
quality approved for permanent photographic records by the National
Bureau of Standards and the device used to reproduce such records on
such film shall be one which accurately reproduces the original thereof
in all its details.Such microfilm or a computer print-out copy thereof, as provided
herein shall be deemed to be an original record for all purposes,
including introduction in evidence in all courts or administrative
agencies.  A transcript, exemplification, or certified copy thereof,
shall, for all purposes recited herein, be deemed to be a transcript,
exemplification, or certified copy of the original.If the Department has records of marriage, divorce and annulment of
marriage on computer tape, certified computer print-outs of such records
shall have the same legal effect as certified copies of such documents
would have for all purposes.Whenever such microfilm has been properly and permanently filed for
use and safekeeping, the Department may cause the original records from
which the microfilm reproduction was made to be destroyed.The Department is authorized to furnish a copy of the microfilm or
computer print-out of the records relating to marriages, dissolutions of
marriages and declarations of invalidity of marriages in a particular
county to the Clerk of any court of that county, provided that this is
done without cost to the State.The Department shall cause its records of marriage, dissolution of
marriage and declaration of invalidity of marriage to be permanently
preserved and safeguarded in its offices at Springfield.  The Secretary
of State shall provide suitable quarters for the administration and the
permanent and safe preservation of all records returned to the
Department under this Act.
		(Source: P.A. 81-230; 81-652; 81-1509.) (410 ILCS 530/3) (from Ch. 40, par. 903)Sec. 3. 
		
		The Department shall search its files of records of
marriage, dissolution of marriage or declaration of invalidity of
marriage upon receipt of a written request and a fee of $5, and, if the
record is found, shall verify the fact of marriage, dissolution of
marriage or declaration of invalidity of marriage in writing to the
applicant, and shall notify the applicant of the place where the
original record is found, and that a certified copy thereof may be
obtained only from such office. The Department shall not furnish a
certified copy of the records filed with it under this Act except upon
order of a court or upon the request of the clerk of any court in this
State, in which event the Department shall furnish such certified copy
without charge.Whenever a certified copy is obtainable under this Section a
certified computer print-out of such record shall have the same effect
as a certified copy of such document.The Department may authorize the use of the records filed under this
Act and the information therein contained for any bona fide research
purpose in the public interest. The Department is authorized to furnish
information from, or transcripts of, its records to the United States
Government for national statistics of marriage, dissolution of marriage
and declaration of invalidity of marriage, provided that such is done
without cost to the State.
		(Source: P.A. 83-100.) (410 ILCS 530/3.1) (from Ch. 40, par. 904)Sec. 3.1. 
		
		The provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative rules and
procedures of the Department of Public Health under this Act, except that
Section 5-35 of the Illinois Administrative Procedure Act relating to
procedures for rule-making does not apply to the adoption of any rule required
by federal law in connection with which the Department is precluded by law from
exercising any discretion.
		(Source: P.A. 88-45.)
(410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1)Sec. 1. As used in this Act, unless the context otherwise requires:(1) "Vital records" means records of births, deaths, fetal deaths,
marriages, dissolution of marriages, and data related thereto.(2) "System of vital records" includes the registration, collection,
preservation, amendment, and certification of vital records, and
activities related thereto.(3) "Filing" means the presentation of a certificate, report, or
other record provided for in this Act, of a birth, death, fetal death,
adoption, marriage, or dissolution of marriage, for registration by the Office of Vital
Records.(4) "Registration" means the acceptance by the Office of Vital
Records and the incorporation in its official records of certificates,
reports, or other records provided for in this Act, of births, deaths,
fetal deaths, adoptions, marriages, or dissolution of marriages.(5) "Live birth" means the complete expulsion or extraction from its
mother of a product of human conception, irrespective of the duration of
pregnancy, which after such separation breathes or shows any other
evidence of life such as beating of the heart, pulsation of the
umbilical cord, or definite movement of voluntary muscles, whether or
not the umbilical cord has been cut or the placenta is attached.(6) "Fetal death" means death prior to the complete expulsion or
extraction from the uterus of a product of human conception,
irrespective of the duration of pregnancy, and which is not due to an abortion as defined in Section 1-10 of the Reproductive Health Act. The death is indicated by the
fact that after such separation the fetus does not breathe or show any
other evidence of life such as beating of the heart, pulsation of the
umbilical cord, or definite movement of voluntary muscles.(7) "Dead body" means a lifeless human body or parts of such body or
bones thereof from the state of which it may reasonably be concluded
that death has occurred.(8) "Final disposition" means the burial, cremation, or other
disposition of a dead human body or fetus or parts thereof.(9) "Physician" means a person licensed to practice medicine in
Illinois or any other state.(10) "Institution" means any establishment, public or private, which
provides in-patient medical, surgical, or diagnostic care or treatment,
or nursing, custodial, or domiciliary care to 2 or more unrelated
individuals, or to which persons are committed by law.(11) "Department" means the Department of Public Health of the State
of Illinois.(12) "Director" means the Director of the Illinois Department of
Public Health.(13) "Licensed health care professional"  means a person licensed to practice as a physician, advanced practice registered nurse, or physician assistant in Illinois or any other state.(14) "Licensed mental health professional" means a person who is licensed or registered to provide mental health services by the Department of Financial and Professional Regulation or a board of registration duly authorized to register or grant licenses to persons engaged in the practice of providing mental health services in Illinois or any other state.(15) "Intersex condition" means a condition in which a person is born with a reproductive or sexual anatomy or chromosome pattern that does not fit typical definitions of male or female.(16) "Homeless person"  means an individual who meets the definition of "homeless" under Section 103 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an individual residing in any of the living situations described  in  42 U.S.C. 11434a(2).(17) "Advanced practice registered nurse" means: (i) an advanced practice registered nurse with full practice authority; or (ii) an advanced practice registered nurse with a collaborative agreement with a physician who has delegated the completion of death certificates.(18) "Certifying health care professional" means a physician, physician assistant, or advanced practice registered nurse.(19) "Physician assistant" means a physician assistant who practices in accordance with a written collaborative agreement that includes the completion of death certificates. (Source: P.A. 101-13, eff. 6-12-19; 102-257, eff. 1-1-22; 102-844, eff. 1-1-23.) (410 ILCS 535/2) (from Ch. 111 1/2, par. 73-2)Sec. 2. 
		
		There is hereby established in the Department of Public Health an
Office of Vital Records which shall install, maintain, and operate the
system of vital records throughout this State.Suitable quarters for this office shall be provided by the Secretary of
State, which quarters shall be so equipped as to permit the permanent and
safe preservation of all official records required for the operation of the
system.
		(Source: P.A. 76-678.) (410 ILCS 535/3) (from Ch. 111 1/2, par. 73-3)Sec. 3. 
		
		The Department is authorized to adopt, modify, amend, repeal,
promulgate, and enforce rules and regulations for the purpose of carrying
out the provisions of this Act.
		(Source: Laws 1961, p. 2935.) (410 ILCS 535/3.1) (from Ch. 111 1/2, par. 73-3.1)Sec. 3.1. 
		
		The provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative rules and
procedures of the Department under this Act, except that Section 5-35 of the
Illinois Administrative Procedure Act relating to procedures for rule-making
does not apply to the adoption of any rule required by federal law in
connection with which the Department is precluded by law from exercising any
discretion.
		(Source: P.A. 88-45.) (410 ILCS 535/4) (from Ch. 111 1/2, par. 73-4)Sec. 4. 
		
		The Director shall be the State Registrar of Vital Records, and
shall, in accordance with the State Personnel Code, appoint a Deputy State
Registrar and all other personnel necessary to carry out the provisions of
this Act.
		(Source: P.A. 76-678.) (410 ILCS 535/5) (from Ch. 111 1/2, par. 73-5)Sec. 5. 
		(1) The State Registrar of Vital Records shall:(a) Administer and enforce this Act and the rules and regulations issued
hereunder;(b) Direct, supervise, and issue instructions necessary to the efficient
administration of a statewide system of vital records, the Office of Vital
Records, and be custodian of its records;(c) Direct, supervise, and control all activities of local and
subregistrars;(d) Prescribe and distribute such forms as are required by this Act and
the rules and regulations issued hereunder;(e) Arrange the certificates in a systematic manner; prepare and
maintain a comprehensive index; permanently preserve and keep all such
records either in the original or in photographic or micro-photographic
form;(f) Prepare and publish reports of vital statistics of this State, and
such other reports as may be required by the Department.(2) The State Registrar of Vital Records may delegate such functions and
duties as are necessary to properly carry out the provisions of this Act.
		(Source: P.A. 76-678.) (410 ILCS 535/6) (from Ch. 111 1/2, par. 73-6)Sec. 6. 
		
		The State Registrar of Vital Records shall establish registration
districts throughout the State. He may consolidate or subdivide such
districts to facilitate registration.
		(Source: P.A. 76-678.) (410 ILCS 535/7) (from Ch. 111 1/2, par. 73-7)Sec. 7. 
		
		The State Registrar of Vital Records shall appoint and may remove
for just cause local registrars.  Persons eligible to serve as local
registrars are:(1) In cities, villages, and incorporated towns, the clerk of the city,
village, or incorporated town.(2) The township clerk in each township in counties under township
organization, excepting those portions of the township constituting a
separate registration district.(3) The road district clerk in each road district in counties not under
township organization, excepting those portions of the road district
constituting a separate registration district.(4) The health officer of any public health department defined as a full
time public health department under the rules and regulations of the
Department.(5) If none of the preceding officers is available
to act as a local registrar, any full time public officer of
county or local government in the district or a hospital
administrator of any licensed hospital in the district which
is not located within a home rule county.
		(Source: P.A. 79-888.) (410 ILCS 535/8) (from Ch. 111 1/2, par. 73-8)Sec. 8. 
		Each local registrar shall:(1) Appoint one or more deputies to act for him in his absence or to
assist him. Such deputies shall be subject to all rules and regulations
governing local registrars.(2) Appoint one or more subregistrars when necessary for the convenience
of the people. To become effective, such appointments must be approved by
the State Registrar of Vital Records. A subregistrar shall exercise such
authority as is given him by the local registrar and is subject to the
supervision and control of the State Registrar of Vital Records, and shall
be liable to the same penalties as local registrars, as provided in Section
27 of this Act.(3) Administer and enforce the provisions of this Act and the
instructions, rules, and regulations issued hereunder.(4) Require that certificates be completed and filed in accordance with
the provisions of this Act and the rules and regulations issued hereunder.(5) Prepare and transmit monthly an accurate copy of each record of live
birth, death, and fetal death to the county clerk of his county. He shall
also, in the case of a death of a person who was a resident of another
county, prepare an additional copy of the death record and transmit it to
the county clerk of the county in which such person was a resident. In no
case shall the county clerk's copy of a live birth record include the
section of the certificate which contains information for health and
statistical program use only.(6) (Blank).(7) Prepare, file, and retain for a period of at least 10 years in his
own office an accurate copy of each record of live birth, death, and fetal
death accepted for registration. Only in those instances in which the local
registrar is also a full time city, village, incorporated town, public
health district, county, or multi-county health officer recognized by the
Department may the health and statistical data section of the live birth
record be made a part of this copy.(8) Transmit monthly the certificates, reports, or other returns filed
with him to the State Registrar of Vital Records, or more frequently when
directed to do so by the State Registrar of Vital Records.(8.5) Transmit monthly to the State central register of the Illinois
Department of Children and Family Services a copy of all death certificates of
persons under 18 years of age who have died within the month.(9) Maintain such records, make such reports, and perform such other
duties as may be required by the State Registrar of Vital Records.
		(Source: P.A. 89-641, eff. 8-9-96; 90-608, eff. 6-30-98.) (410 ILCS 535/9) (from Ch. 111 1/2, par. 73-9)Sec. 9. 
		
		(1) Each local registrar shall be paid the sum of $1 for each
certificate of birth, death, or fetal death properly registered in his
district and transmitted by him to the State Registrar of Vital Records up
to an aggregate annual total of 10,000 certificates; and for each such
certificate so made out and filed with and registered by him in excess of
an annual total of 10,000 certificates, the registrar shall be paid the sum
of 20 cents, providing such certificate meets the standards of
acceptability prescribed by the State Registrar of Vital Records.(2) If no birth, death, or fetal death is registered with him during any
calendar month, the local registrar shall report that fact to the State
Registrar of Vital Records and be paid the sum of 50 cents.(3) Any registration fee due a subregistrar for births, deaths, or fetal
deaths registered by him and presented to the local registrar in accordance
with the provisions of this Act shall be certified to and paid by the local
registrar, such fee not to exceed $1 for each certificate registered.
		(Source: P.A. 76-678.) (410 ILCS 535/10) (from Ch. 111 1/2, par. 73-10)Sec. 10. 
		
		(1) The State Registrar of Vital Records shall, at the close of
each calendar year, certify to the county clerk of each of the several
counties the number of births, deaths, and fetal deaths properly registered
in his county, with the names of the local registrars entitled to the
prescribed fees, and the amount due each at the rate fixed in this Act.(2) The local registrar shall, at the close of each calendar year,
certify to and pay each of his subregistrars the amount due each at the
rate established by the local registrar under the provisions of Section 9
of this Act.(3) The amounts payable to local registrars under the provisions of this
Act are hereby made and declared to be a charge upon the county in which
such fees are paid, and the county clerk, or other county officer by whom
warrants on the county treasurer are issued, of each of the several
counties, shall issue to such local registrars his warrant upon the county
treasurer of the county for the amount of fee due each person entitled to
such fee as certified to by the State Registrar of Vital Records, and the
county treasurer of the county shall pay the same upon presentation. All
county boards shall appropriate such amounts as may be necessary for
efficiently carrying out the provisions of this Act in their respective
counties.(4) If the corporate authorities of any city, village, township or
incorporated town so direct by ordinance, the fees payable to any officer
or employee, acting as registrar or subregistrar, of such city, village,
township or incorporated town as provided in Section 9 of this Act shall be
transmitted directly, in the manner provided in this Act, to the treasurer
of the political subdivision adopting such ordinance for deposit in the
corporate account.
		(Source: P.A. 76-2244.) (410 ILCS 535/11) (from Ch. 111 1/2, par. 73-11)Sec. 11. Information required on forms.(a) The form of certificates, reports, and other returns
required by this Act or by regulations adopted under this Act shall include
as a minimum the items recommended by the federal agency responsible for
national vital statistics, subject to approval of and modification by the
Department.   All forms shall be prescribed and furnished by the
State Registrar of Vital Records.(b) On and after the effective date of this amendatory Act of 1983,
all forms used to collect information under this Act which request information
concerning the race or ethnicity of an individual by providing spaces for
the designation of that individual as "white" or "black", or the semantic
equivalent thereof, shall provide an additional space for a designation as
"Hispanic".(c) Effective November 1, 1990, the social security numbers of the
mother and father shall be collected at the time of the birth of the child.
These numbers shall not be recorded on the certificate of live
birth.  The numbers may be used only for those purposes allowed by Federal law.(d) The social security number of a person who has died shall be entered
on the
death certificate; however, failure to enter the social security number of the
person who has died on the
death certificate does not invalidate the death certificate.(e)   If the place of disposition of a dead human body or cremated remains is in a cemetery, the burial permit shall include the place of disposition.  The place of disposition shall include the lot, block, section, and plot or niche, and depth, if applicable, where the dead human body or cremated remains are located.  This subsection does not apply to cremated remains scattered in a cemetery.(f) The death certificate for an individual with a history of military service may include or may be amended to include the deceased individual's veteran status, the branch of the military that he or she served in, and the period of time that he or she served in the military. (Source: P.A. 100-310, eff. 1-1-18.) (410 ILCS 535/12)Sec. 12. Live births; place of registration.(1) Each live birth which occurs in this State shall be registered
with the local or subregistrar of the district in which the birth occurred
as provided in this Section, within 7 days after the birth. When a
birth occurs on a moving conveyance, the city, village, township, or road
district in which the child is first removed from the conveyance shall be
considered the place of birth and a birth certificate shall be filed in the
registration district in which the place is located.(2) When a birth occurs in an institution, the person in charge of the
institution or his designated representative shall obtain and record all
the personal and statistical particulars relative to the parents of the
child that are required to properly complete the live birth certificate; shall
secure the required
personal signatures on the hospital worksheet; shall prepare the certificate
from this worksheet; and shall file the certificate with the local
registrar. The institution shall retain the hospital worksheet permanently or
as
otherwise specified by rule.  The
physician in attendance shall verify or provide the date of birth and
medical information required by the certificate, within 24 hours after the
birth occurs.(3) When a birth occurs outside an institution, the certificate shall be
prepared and filed by one of the following in the indicated order of
priority:(a) The physician in attendance at or immediately     after the birth, or in the absence of such a person,(b) Any other person in attendance at or immediately     after the birth, or in the absence of such a person,(c) The father, the mother, or in the absence of the     father and the inability of the mother, the person in charge of the premises where the birth occurred.(4) Unless otherwise provided in this Act, if the mother was not married
to the father of the child at either the time of conception or the time of
birth, the name of the father shall be entered on the child's
birth certificate only if the mother and the person to be named as the father
have signed a voluntary acknowledgment of paternity form in accordance with subsection (5).Unless otherwise provided in this Act, if the mother was married at the time
of conception or birth and the presumed father (that is, the mother's husband)
is not the biological father of the child, the name of the
biological father shall be entered on the child's birth certificate only if, in
accordance with subsection (5), (i)
the mother and the person to be named as the father have signed a voluntary 
acknowledgment of paternity form and (ii) the mother and presumed father have signed
a denial of parentage form.(5) Upon the birth of a child to an unmarried woman, or upon the birth of
a child to a woman who was married at the time of conception or birth and whose
husband is not the biological father of the child, the institution at the time
of birth and the local registrar or county clerk after the birth shall do the
following:(a) Provide (i) an opportunity for the child's mother     and father to sign a voluntary  acknowledgment of paternity form and (ii) if the presumed father is not the biological father, an opportunity for the mother and presumed father to sign a denial of parentage form.  The signing and witnessing of the voluntary acknowledgment of paternity form  or, if the presumed father of the child is not the biological father, the voluntary acknowledgment of paternity and denial of parentage forms conclusively establish  a parent and child relationship in accordance with Sections 5 and 6 of the Illinois Parentage Act of 1984 and with the Illinois Parentage Act of 2015 on and after the effective date of that Act.The Department of Healthcare and Family Services     shall furnish the voluntary acknowledgment of paternity and denial of parentage forms to institutions, county clerks, and State and local registrars' offices.  The forms shall include instructions to send the original signed and witnessed voluntary acknowledgment of paternity and denial of parentage to the Department of Healthcare and Family Services. The voluntary acknowledgement of paternity and denial of parentage forms shall also include a statement informing the mother, the alleged father, and the presumed father, if any, that they have the right to request deoxyribonucleic acid (DNA) tests regarding the issue of the child's paternity and that by signing the form, they expressly waive such tests. The voluntary acknowledgment of paternity and denial of parentage forms shall contain the data elements required by federal law.(b) Provide the following documents, furnished by the     Department of Healthcare and Family Services, to the child's mother, biological father, and (if the person presumed to be the child's father is not the biological father) presumed father for their review at the time the opportunity is provided to establish a parent and child relationship:(i) An explanation of the implications of,         alternatives to, legal consequences of, and the rights and responsibilities that arise from signing a voluntary  acknowledgment of paternity form and, if necessary, a denial of parentage form, including an explanation of the parental rights and responsibilities of child support, visitation, custody, retroactive support, health insurance coverage, and payment of birth expenses.(ii) An explanation of the benefits of having a         child's parentage established and the availability of parentage establishment and child support enforcement services.(iii) A request for an application for child         support enforcement services from the Department of Healthcare and Family Services.(iv) Instructions concerning the opportunity to         speak, either by telephone or in person, with staff of the Department of Healthcare and Family Services who are trained to clarify information and answer questions about paternity establishment.(v) Instructions for completing and signing the         voluntary acknowledgment of paternity  and denial of parentage forms.(c) Provide an oral explanation of the documents and     instructions set forth in subdivision (5)(b), including an explanation of the implications of, alternatives to, legal consequences of, and the rights and responsibilities that arise from signing a voluntary acknowledgment of paternity form and, if necessary, a denial of parentage form.  The oral explanation may be given in person or through the use of video or audio equipment.(6) The institution, State or local registrar, or county clerk shall provide
an
opportunity for the child's father or mother to sign a rescission of voluntary acknowledgment of paternity or denial of parentage form.
The signing and witnessing of the rescission of voluntary acknowledgment of paternity or denial of parentage form voids the voluntary
acknowledgment of paternity form and nullifies the presumption of paternity if
executed and filed with the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) within the
time frame contained in Section 5
of the Illinois Parentage Act of 1984 or Section 307 of the Illinois Parentage Act of 2015 on and after the effective date of that Act.
The Department of Healthcare and Family Services shall furnish the rescission of voluntary acknowledgment of paternity or denial of parentage form to institutions, county clerks, and State and local registrars' offices.
The form shall include instructions to send the original signed and witnessed
rescission of voluntary acknowledgment of paternity or denial of parentage form to the Department of Healthcare and Family Services. The rescission of voluntary acknowledgment of paternity or denial of parentage form shall contain the data elements required by federal law.(7) A voluntary acknowledgment of paternity form signed pursuant to Section 6 of the
Illinois Parentage Act of 1984 or Section 302 of the Illinois Parentage Act of 2015 on and after the effective date of that Act may be challenged in court only on the basis of
fraud, duress, or material mistake of fact, with the burden of proof upon the
challenging party.  Pending outcome of a challenge to the voluntary acknowledgment of
paternity form, the legal responsibilities of the signatories shall remain in full
force and effect, except upon order of the court upon a showing of good cause.(8) When the process for acknowledgment of parentage as provided for under
subsection (5) establishes the paternity of a child whose certificate of birth
is on file in
another state, the Department of Healthcare and Family Services shall forward a copy of
the voluntary acknowledgment of paternity, denial of parentage, and, if applicable, rescission of voluntary acknowledgment of paternity or denial of parentage forms to the birth record agency of the state
where the child's certificate of birth is on file.(9) In the event the parent-child relationship has been established in
accordance with subdivision (a)(1) of Section 6 of the Parentage Act of 1984,
the names of the biological mother and biological father so established shall
be entered on the child's birth certificate, and the names of the surrogate
mother and surrogate mother's husband, if any, shall not be on the birth
certificate.(10) In the event new data elements are included in the voluntary acknowledgment of paternity form, denial of parentage form, or rescission of voluntary acknowledgment of paternity or denial of parentage form, the Department of Healthcare and Family Services, in conjunction with the Department of Public Health, shall provide instructions that have been prescribed by the Department of Healthcare and Family Services about the new data elements to the hospital personnel responsible for assisting the child's mother, biological father, or presumed father with completing the forms. (Source: P.A. 99-85, eff. 1-1-16; 99-675, eff. 1-1-17.) (410 ILCS 535/13) (from Ch. 111 1/2, par. 73-13)Sec. 13. 
		
		(1) Whoever assumes the custody of a living infant of unknown
parentage shall report on a form and in the manner prescribed by the State
Registrar of Vital Records, within 3 days, to the local registrar of the
district in which the child was found, the following information:(a) The date and place of finding;(b) Sex, color or race, and approximate age of child;(c) Name and address of the persons or institution with whom the child
has been placed for care;(d) Name given to the child by the custodian; and(e) Other data required by the State Registrar of Vital Records.(2) The place where the child was found shall be entered as the place of
birth, and the date of birth shall be determined by approximation.(3) A report filed under this Section shall constitute the certificate
of birth for the infant.(4) If the child is identified and a certificate of birth is found or
obtained, any report filed under this Section shall be sealed and filed and
may be opened only by order of a court of competent jurisdiction or as
provided by regulation.
		(Source: P.A. 76-678.) (410 ILCS 535/14) (from Ch. 111 1/2, par. 73-14)Sec. 14. 
		
		(1) Subject to the requirements that the Department may prescribe,
the birth of a person born in this State, whose birth is not registered,
may be recorded by delayed registration in the manner prescribed below:(a) When the birth occurred more than 3 days but less than one year
prior to the application for registration, the birth may be registered on a
certificate of live birth and be submitted for filing to the local
registrar of the district in which the birth occurred.  The local registrar
may accept the certificate for filing when such evidence is submitted to
substantiate the facts of birth as is required by regulation.(b) When the birth occurred more than one year but less than 7 years
prior to the application for registration, the birth shall be registered on
a form prescribed by the State Registrar of Vital Records and shall be
submitted to him for filing.  The State Registrar of Vital Records may
accept the certificate for filing when such evidence is submitted to
substantiate the facts of birth as is required by regulation.  Each
certificate filed under this subsection shall be marked "delayed".(c) When the birth occurred more than 7 years prior to the application
for registration, the certificate of birth shall be prepared on a form
entitled "Delayed Record of Birth". The information provided on such
registration form shall be subscribed and sworn to by the person whose
birth is to be registered before an official authorized to administer
oaths.  When such person is not of legal age or is otherwise not competent
to swear to this information, it shall be subscribed and sworn to by a
parent, legal guardian, or other legally designated representative of this
person.If the person whose birth is to be registered is deceased, the information
provided on such registration form shall be subscribed and sworn to by a
spouse or descendant of such person.  Such Delayed Record of Birth shall have the word
"Deceased" stamped on it.(c-1) The form shall provide for the name and sex of the person whose
birth is to be registered, and place and date of birth, and such other
information as may be required by the State Registrar of Vital Records.
Each request for completing the delayed registration shall
be accompanied by a fee of $15 and entitles the applicant to
one certification or certified copy of the delayed record of
birth when completed. A fee of $2 shall be required for each
additional certification or certified copy requested at the time
of filing.
The original delayed record of birth shall be filed with the State Registrar of
Vital Records.  The State Registrar of Vital Records shall accept the
registration if the applicant was born in this State and if the date and
place of birth and parentage are established to the satisfaction of the
State Registrar of Vital Records, as follows: The age or date of birth and
place of birth shall be supported by at least 2 documents, only one of
which may be an affidavit of personal knowledge.  The names of the parents
shall be supported by at least one document, which may be one of the above
documents.  Any document accepted as evidence, other than an affidavit of
personal knowledge, shall be at least 5 years old.  A copy or abstract of
such document may be accepted if certified as true and correct by the
custodian of the document.If the birth occurred prior to January 1, 1916, the application for a
delayed record of birth may be initially filed with the county clerk of the
county of birth, provided that all requirements of the Department are met.
Final approval, however, rests with the State Registrar of Vital Records.(2) When the delayed record of birth is accepted, the State Registrar of
Vital Records shall enter on its face a description of each document
submitted in support of the registration.  He shall also record the filing
date and affix his signature as evidence of its acceptance as a legal
record.  He may return any documents, other than affidavits, submitted as
evidence to the person or persons submitting them.  A complete and exact
copy of each delayed record of birth accepted by the State Registrar of
Vital Records shall be furnished by him to the official custodian of any
permanent local file containing other records of births occurring during
the same year as that established in the delayed record of birth.(3) When the application does not contain documentation in support of
the birth facts, as required by this Section or by regulation, or when the
registration official finds reason to question the validity or adequacy of
the record or the documentary evidence, the registration official shall not
accept the delayed registration of birth and shall advise the applicant of
the reasons for this action.  In the event the deficiencies are not
corrected, the State Registrar of Vital Records shall advise the applicant
of his rights to appeal to a court of competent jurisdiction under the
provisions of Section 15 of this Act. 
		(Source: P.A. 84-1480.) (410 ILCS 535/15) (from Ch. 111 1/2, par. 73-15)Sec. 15. 
		Procedure upon refusal to accept delayed record of birth.(1) If a delayed record of birth is not accepted under the
provisions of Section 14, a petition may be filed with the circuit court
of the petitioner's county of birth, or, if a resident of Illinois, with
the circuit court of the county of his residence, or, if he resides in
another state, with any court of competent jurisdiction of that state, for
an order establishing a record of the date and place of the petitioner's
birth and his parentage.(2) If the petition is filed in Illinois, it shall be made on a form
prescribed and furnished by the State Registrar of Vital Records and shall
allege:(a) that the person for whom a delayed record of     birth is sought was born in this State;(b) that no record of birth of such person can be     found in the office of the State Registrar of Vital Records, local registrar, or county clerk of county of birth;(c) that diligent efforts by the petitioner have     failed to obtain the evidence required by Section 14;(d) that the State Registrar of Vital Records has     refused to accept a delayed record of birth; and(e) such other allegations as may be required.(3) If the petition is filed in another state, it shall contain
essentially the same allegations as set forth in subsection (2).(4) The petition shall be accompanied by a statement of the State
Registrar of Vital Records who refused to accept a delayed record of birth,
and all documentary evidence which was submitted to that registration
official in support of such registration. The petition shall be sworn to by
the petitioner.(5) The court shall fix a time and place for hearing the petition, and
the State Registrar of Vital Records who refused to accept the petitioner's
delayed record of birth shall be given 10 days' notice of the hearing. Such
official, or his authorized representative, may appear and testify in the
proceeding.(6) If the court, from the evidence required herein and such other
evidence as is presented, finds that the person for whom a delayed record
of birth is sought was born in the State of Illinois, it shall make
findings as to the place and date of birth, parentage, and such other
findings as the petition may require and shall issue an order on a form
prescribed and furnished by the State Registrar of Vital Records to
establish a record of birth. This order shall include the birth data to be
registered, a description of the evidence presented in the manner
prescribed by Section 14 of this Act, the date of the court's action, and
shall be marked as a court order.(7) If the order is issued by a circuit court in this State, the clerk
of the court shall forward each such order to the State Registrar of Vital
Records. Such order shall be registered by the State Registrar of Vital
Records and shall constitute the record of birth, from which copies may be
issued in accordance with Section 25 of this Act.(8) If the order is issued by a court of competent jurisdiction in
another state, the petitioner may forward a certified copy of the order to
the State Registrar of Vital Records. Such order shall be registered by the
State Registrar of Vital Records and shall constitute the record of birth,
from which copies may be issued in accordance with Section 25 of this
Act.
		(Source: P.A. 91-357, eff. 7-29-99.) (410 ILCS 535/15.1) (from Ch. 111 1/2, par. 73-15.1)Sec. 15.1. 
(1) The Director of the Illinois State Police or his
designee may obtain a registration of a fictitious vital record for the purpose
and in the manner prescribed in this Section.(2) A registration of a fictitious vital record may be obtained pursuant to
this Section only for law enforcement
purposes in providing: (a) witnesses with new identification to protect
them during and following criminal investigations or proceedings; and (b) law
enforcement officers with new identification to enable them to escape detection
while performing criminal investigations.(3) The Director of the Illinois State Police or his designee may apply to the
circuit court on behalf of a person for an order directing the State
Registrar of Vital Records to establish a fictitious vital record
if it is determined by the Director that normal procedures of
investigation or protection are inadequate or reasonably appear to be
unlikely to succeed if tried or are too dangerous to employ.
The court shall fix a time and
place for hearing the application and, if it finds that the application
should be granted, shall order the State Registrar of Vital Records to
establish the vital record requested.  The order shall include the
 data to be
registered, and shall be delivered in person by the designee of the
Director of the Illinois State Police to the State Registrar of Vital
Records.  Upon receipt of such order,
the State Registrar of Vital Records shall establish a vital record
as if such data had been registered pursuant to Section 12 or 18 of this
Act or pursuant to Section 210 or 413 of the Illinois Marriage and
Dissolution of Marriage Act.(4) The general public shall be excluded from any hearing on an
application for an order under this Section and only persons, including
representatives of agencies, who in the opinion of the court have a direct
interest in the matter of the application shall be admitted to the hearing.(5) The court's file relating to any proceeding under this Section shall
be impounded by the clerk of the court and shall be opened for examination
only upon specific order of the court, which order shall name the person or
persons who are to be permitted to examine such file.  Certified copies of
any paper or document contained in any file so impounded shall be made only on like order.(6) Any documentation concerning a vital record registered pursuant to
this Section, including any court order entered under subsection (3),
maintained by the Illinois State Police
or by the State Registrar of Vital Records
shall be sealed.  Such documentation maintained by the Registrar of Vital
Records shall be opened for examination only upon specific
order of the court, which order shall name the person or persons who are to
be permitted to examine such file.  Such documentation maintained by the
Illinois State Police shall be opened for examination only upon the
written permission of the Director of that Department or his designee.(7) The Registrar of Vital Records shall immediately notify the
Director of the Illinois State Police or his designee upon receiving
any request for a copy of or information concerning any vital record
registered pursuant to this Section.(8) If the court order directing the State Registrar of Vital Records
to establish a fictitious vital record does not specify a time for the
destruction or elimination of such vital record, the fictitious vital
record shall be destroyed or eliminated at the conclusion of the
investigation or when the Director of the Illinois State Police
determines that such record is no longer necessary.  After the destruction
of such record, the Director of the Illinois State Police shall so notify
the court which entered the order directing the establishment of the
fictitious vital record.
(Source: P.A. 102-538, eff. 8-20-21.) (410 ILCS 535/16) (from Ch. 111 1/2, par. 73-16)Sec. 16. 
		
		(1) For each adoption ordered by any court in this State, the
clerk of the court shall promptly furnish the State Registrar of Vital
Records a certificate of adoption on a form prescribed and furnished by the
State Registrar of Vital Records. The record shall include all facts
necessary to locate and identify the original certificate of live birth of
the person adopted and provide information necessary to establish a new
certificate of birth, shall include the social security numbers of the
adoptive parents, and shall identify the judgment of adoption and be
certified by the clerk of the court.(2) Each petitioner for adoption or for annulment of adoption or his or her
attorney shall supply the clerk with such information in their possession
as is necessary to prepare and complete the adoption record. The completion
of such record shall be prerequisite to the entry of a final judgment in
the matter by such court.(3) Whenever a judgment of adoption is amended or annulled, the clerk of
the court shall promptly furnish the State Registrar of Vital Records a record
on a form prescribed and furnished by the State Registrar of Vital Records.
The record shall include such facts as are necessary to identify the
original adoption report and the facts amended in the judgment of
adoption or the facts about the annulment as shall be necessary to
amend properly the birth record.(4) When the State Registrar of Vital Records receives a record of
adoption, or annulment of adoption or amendment thereof from a court for a
person born outside this State, such record shall be forwarded to the
appropriate registration authority in the State of birth.
		(Source: P.A. 86-1292; 86-1339.) (410 ILCS 535/16.1) (from Ch. 111 1/2, par. 73-16.1)Sec. 16.1. When it appears from a certificate of adoption transmitted to
the State Registrar of Vital Records, pursuant to the provisions of Section
16 of this Act, that the child was born outside of the United States or
its Territories, then, upon submission to the State Registrar of Vital
Records of evidence as to the child's birth date and birthplace provided by
the original birth certificate, or by a certified copy, extract, or
translation thereof or by other document essentially equivalent thereto
(the records of the U.S. Citizenship and Immigration Services or of the
U.S. Department of State to be considered essentially equivalent thereto),
the State Registrar of Vital Records shall make and file a Record of
Foreign Birth.  The State Registrar of Vital Records may make and file a
Record of Foreign Birth for a person
born in a foreign country
who
has been granted an IR-3 or IH-3 visa by the U.S. Citizenship and Immigration Services under the Immigration and Nationality Act
and who was adopted under the laws of a jurisdiction or
country other than
the United States by an adopting parent who is a resident of this State
upon the submission to the State Registrar of Vital Records of: (1)
evidence as to the child's
birth date and birthplace (including the country of birth and if available, the
city and province of birth) provided by the original birth certificate, or
by a
certified copy, extract, or
translation thereof or by other document essentially equivalent thereto (the
records of the U.S.
Citizenship and Immigration Services or of the U.S. Department of State to be
considered
essentially equivalent thereto); (2) a certified copy, extract, or translation
of the adoption decree
 or by other document essentially equivalent thereto (the
records of the U.S.
Citizenship and Immigration Services or of the U.S. Department of State to be
considered essentially equivalent thereto);
(3) a
copy of the IR-3 or IH-3 visa; and (4) the name and address of the adoption agency that
handled the adoption.  The Record of Foreign Birth shall include the actual
place and date of birth, the child's name and parentage as ordered in the
judgment of adoption and any other necessary facts.Upon the specific written request by the person to whom the Record of
Foreign Birth relates or by his or her legal representative, or by an agency of
local, state or federal government, or upon the order of a court of competent
jurisdiction
and upon payment of a fee of $5 by the applicant, the State Registrar of
Vital Records shall issue to such applicant one certification or a certified
copy of the
specified Record of Foreign Birth.Upon receipt of a certified copy of a court order of annulment of
adoption or a court order vacating a judgment of adoption of an adopted
person for whom a Record of Foreign Birth has been made and filed under the
provisions of this Section the State Registrar of Vital Records shall
nullify and void such Record of Foreign Birth by entering on its face the
statement "This Record is declared null and void upon the basis of a court
judgment annulling or vacating this adoption upon which this
Record is based"
and a notation identifying the court judgment.The provisions of this Section shall also be applicable to, and shall
inure to the benefit of all persons for whom a judgment of
adoption has been
entered in a court in this State prior to August 26, 1963.  In such cases
the applicant shall furnish the State Registrar of Vital Records with a
certified copy of the adoption judgment together with affidavits
as to the
personal particulars of the foster parents in lieu of the certificate of
adoption specified in Section 16 of this Act.  In every case wherein the
State Registrar of Vital Records has previously been furnished with a
certificate of adoption involving a foreign born child adopted in Illinois,
a certified copy of the adoption judgment and affidavits of personal
particulars are not necessary, but the State Registrar of Vital Records
shall make and file a Record of Foreign Birth in the same manner and
fashion as if the certificate of adoption has been furnished him after
August 26, 1963.

(Source: P.A. 97-445, eff. 8-19-11.) (410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)Sec. 17. (1) For a person born in this State, the State Registrar of Vital
Records shall establish a new certificate of birth when he receives any of
the following:(a) A certificate of adoption as provided in Section     16 or a certified copy of the order of adoption together with the information necessary to identify the original certificate of birth and to establish the new certificate of birth; except that a new certificate of birth shall not be established if so requested by the court ordering the adoption, the adoptive parents, or the adopted person.(b) A certificate of adoption or a certified copy of     the order of adoption entered in a court of competent jurisdiction of any other state or country declaring adopted a child born in the State of Illinois, together with the information necessary to identify the original certificate of birth and to establish the new certificate of birth; except that a new certificate of birth shall not be established if so requested by the court ordering the adoption, the adoptive parents, or the adopted person.(c) A request that a new certificate be established     and such evidence as required by regulation proving that such person has been legitimatized, or that the circuit court, the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid), or a court or administrative agency of any other state has established the paternity of such a person by judicial or administrative processes or by voluntary acknowledgment, which is accompanied by the social security numbers of all persons determined and presumed to be the parents.(d) A declaration by a licensed health care     professional or licensed mental health professional who has treated or evaluated a person stating that the person has undergone treatment that is clinically appropriate for that individual for the purpose of gender transition, based on contemporary medical standards, or that the individual has an intersex condition, and that the sex designation on such person's birth record should therefore be changed. The information in the declaration shall be proved by the licensed health care professional or licensed mental health professional signing and dating it in substantially the following form: "I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).". The new certificate of birth shall reflect any legal name change, so long as the appropriate documentation of the name change is submitted.Each request for a new certificate of birth shall be accompanied by a fee
of $15 and entitles the applicant to one certification or certified copy
of the new certificate.  If the request is for additional copies, it shall
be accompanied by a fee of $2 for each additional certification or certified
copy.(2) When a new certificate of birth is established, the actual place and
date of birth shall be shown; provided, in the case of adoption of a person
born in this State by parents who were residents of this State at the time
of the birth of the adopted person, the place of birth may be shown as the
place of residence of the adoptive parents at the time of such person's
birth, if specifically requested by them, and any new certificate of birth
established prior to the effective date of this amendatory Act may be
corrected accordingly if so requested by the adoptive parents or the
adopted person when of legal age. The social security numbers of the
parents shall not be recorded on the certificate of birth. The social
security numbers may only be used for purposes allowed under federal law.
The new certificate shall be substituted for the original certificate of birth:(a) Thereafter, the original certificate and the     evidence of  paternity, legitimation, or change of sex designation shall not be subject to inspection or certification except upon order of the circuit court, request of the person named on the certificate of birth, or as provided by regulation. If the new certificate was issued subsequent to an adoption, then the evidence of adoption is not subject to inspection or certification except upon order of the circuit court or as provided by rule, and the original certificate shall not be subject to inspection until the adopted person has reached the age of 21; thereafter, the original certificate shall be made available as provided by Section 18.1b of the Adoption Act, and nothing in this subsection shall impede or prohibit access to the original birth certificate under Section 18.1b of the Adoption Act.(b) Upon receipt of notice of annulment of adoption,     the original certificate of birth shall be restored to its place in the files, and the new certificate and evidence shall not be subject to inspection or certification except upon order of the circuit court.(3) If no certificate of birth is on file for the person for whom a new
certificate is to be established under this Section, a delayed record of
birth shall be filed with the State Registrar of Vital Records as provided
in Section 14 or Section 15 of this Act before a new certificate of birth
is established, except that when the date and place of birth and parentage
have been established in the adoption proceedings, a delayed record shall
not be required.(4) When a new certificate of birth is established by the State
Registrar of Vital Records, all copies of the original certificate of birth
in the custody of any custodian of permanent local records in this State
shall be transmitted to the State Registrar of Vital Records as directed,
and shall be sealed from inspection except as provided by Section 18.1b of the Adoption Act.(5) Nothing in this Section shall be construed to prohibit the amendment
of a birth certificate in accordance with subsection (6) of Section 22.
(Source: P.A. 100-360, eff. 1-1-18; 100-406, eff. 1-1-18.) (410 ILCS 535/17.5)Sec. 17.5. Certificates of birth; redaction of certifying health care professional.(a) The Department shall issue a certified copy of a certificate of birth with the identity of the certifying health care professional, as defined in Section 1, redacted only upon the specific written request by:(1) the person to whom the certificate of birth     relates if he or she is of legal age;(2) the person described in paragraph (1)'s parent or     legal guardian; or(3) the person described in paragraph (1)'s     representative if he or she is not of legal age.(b) No name or information other than that listed in subsection (a) may be redacted.(c) The issuance of a certified copy of a certificate of birth shall not constitute the establishment of a new certificate of birth under Section 17 or an amended certificate of birth under Section 22. Issuance of a certified copy of a certificate of birth under this Section is subject to all other requirements regarding the issuance of certificates of birth under this Act.(d) The Department may adopt any rules necessary to implement the provisions of this Section.
(Source: P.A. 102-833, eff. 1-1-23.) (410 ILCS 535/18) (from Ch. 111 1/2, par. 73-18)Sec. 18. (1) Each death which occurs in this State shall be registered
by filing a death certificate with the local registrar
of the district in which the death occurred or the body was found, within
7 days after such death (within 5 days if the death occurs prior to
January 1, 1989) and prior to cremation or removal of the body from
the State, except when death is subject to investigation by the coroner or
medical examiner.(a) For the purposes of this Section, if the place of     death is unknown, a death certificate shall be filed in the registration district in which a dead body is found, which shall be considered the place of death.(b) When a death occurs on a moving conveyance, the     place where the body is first removed from the conveyance shall be considered the place of death and a death certificate shall be filed in the registration district in which such place is located.(c) The funeral director who first assumes custody of     a dead body shall be responsible for filing a completed death certificate.  He or she shall obtain the personal data from the next of kin or the best qualified person or source available; he or she shall enter on the certificate the name, relationship, and address of the informant; he or she shall enter the date, place, and method of final disposition; he or she shall affix his or her own signature and enter his or her address; and shall present the certificate to the person responsible for completing the medical certification of cause of death. The person responsible for completing the medical certification of cause of death must note the presence of methicillin-resistant staphylococcus aureus, clostridium difficile, or vancomycin-resistant enterococci if it is a contributing factor to or the cause of death. Additional multi-drug resistant organisms (MDROs) may be added to this list by the Department by rule.(2) The medical certification shall be completed and signed within 48
hours after death by the certifying health care professional who, within 12 months prior to the date of the patient's death, was treating or managing treatment of the patient's
illness or condition which resulted in death, except when death is subject
to the coroner's or medical examiner's investigation.  In the absence of
the certifying health care professional  or with his or her approval, the medical certificate may be
completed and signed by his or her associate physician or advanced practice registered nurse, physician assistant, the chief medical officer
of the institution in which death occurred, or by the physician who
performed an autopsy upon the decedent.(3) When a death occurs without medical attendance, or when it is otherwise
subject to the coroner's or medical examiner's investigation, the coroner
or medical examiner shall be responsible for the completion of a coroner's
or medical examiner's certificate of death and shall sign the medical
certification within 48 hours after death, except as provided by regulation
in special problem cases. If the decedent was under the age of 18 years at the time of his or her death, and the death was due to injuries suffered as a result of a motor vehicle backing over a child, or if the death occurred due to the power window of a motor vehicle, the coroner or medical examiner must send a copy of the medical certification, with information documenting that the death was due to a vehicle backing over the child or that the death was caused by a power window of a vehicle, to the Department of Children and Family Services. The Department of Children and Family Services shall (i) collect this information for use by Child Death Review Teams and (ii) compile and maintain this information as part of its Annual Child Death Review Team Report to the General Assembly.(3.5) The medical certification of cause of death shall expressly provide
an
opportunity for the person completing the
certification to indicate that the death was caused in whole or in part by a
dementia-related disease, Parkinson's Disease, or Parkinson-Dementia Complex.(4) When the deceased was a veteran of any war of the United States, the
funeral director shall prepare a "Certificate of Burial of U. S. War Veteran",
as prescribed and furnished by the Illinois Department of Veterans' Affairs,
and submit such certificate to the Illinois Department of Veterans' Affairs
monthly.(5) When a death is presumed to have occurred in this State but the
body cannot be located, a death certificate may be prepared by the State
Registrar upon receipt of an order of a court of competent jurisdiction
which includes the finding of facts required to complete the death
certificate.  Such death certificate shall be marked "Presumptive" and shall
show on its face the date of the registration and shall identify the court
and the date of the judgment.
(Source: P.A. 102-257, eff. 1-1-22; 102-844, eff. 1-1-23.) (410 ILCS 535/18.5)Sec. 18.5. Electronic reporting system for death registrations. The State
Registrar
shall facilitate death registration by implementing an electronic reporting
system.  The
system may be used to transfer information to individuals and institutions
responsible for
completing and filing certificates and related reports for deaths that occur in
the State. The system shall be used to transfer information to the Department of Healthcare and Family Services not less often than once every 3-month period for the purpose of updating the roster of Medicaid recipients.
The system shall be capable of storing and retrieving accurate
and timely
data and statistics for those persons and agencies responsible for vital
records registration
and administration. Upon establishment of such an electronic reporting system, but not later than January 1, 2011, the county clerk in the county in which a death occurred or the county clerk of the county where a decedent last resided, as indicated on the decedent's death certificate, shall be authorized to issue certifications of death records from such system, and the State Registrar shall cause the electronic reporting system to provide for such capability. The Department of Financial and Professional Regulation shall have access to the system to enhance its enforcement of the Cemetery Oversight Act.
(Source: P.A. 96-327, eff. 8-11-09; 96-863, eff. 3-1-10; 97-111, eff. 1-1-12.) (410 ILCS 535/19) (from Ch. 111 1/2, par. 73-19)Sec. 19. 
		
		(1) When a death occurring in this State has not been registered,
a certificate may be filed in accordance with the regulations of the
Department.(2) A certificate of death registered more than one year after the date
of death shall be marked "delayed" and shall show on its face the date of
registration.(3) No certificate of death registered pursuant to Section 15.1 of
this Act shall be marked "delayed", nor shall any such certificate be
identified in any other way as having been registered other than pursuant
to Section 18 of this Act.
		(Source: P.A. 85-829.) (410 ILCS 535/20) (from Ch. 111 1/2, par. 73-20)Sec. 20. Fetal death; place of registration.(1) Each fetal death which occurs in this State after a gestation
period of 20 completed weeks (and when the mother elects in writing to
arrange for the burial or cremation of the fetus under Section 11.4 of the
Hospital Licensing Act) or more shall be registered with the local or
subregistrar of the district in which the delivery occurred within 7 days
after the delivery and before removal of the fetus from the State,
except as provided by regulation in special problem cases.(a) For the purposes of this Section, if the place of     fetal death is unknown, a fetal death certificate shall be filed in the registration district in which a dead fetus is found, which shall be considered the place of fetal death.(b) When a fetal death occurs on a moving conveyance,     the city, village, township, or road district in which the fetus is first removed from the conveyance shall be considered the place of delivery and a fetal death certificate shall be filed in the registration district in which the place is located.(c) The funeral director or person acting as such who     first assumes custody of a fetus shall file the certificate. The personal data shall be obtained from the best qualified person or source available. The name, relationship, and address of the informant shall be entered on the certificate. The date, place, and method of final disposition of the fetus shall be recorded over the personal signature and address of the funeral director responsible for the disposition. The certificate shall be presented to the person responsible for completing the medical certification of the cause of death.(2) The medical certification shall be completed and signed within 24
hours after delivery by the certifying health care professional in attendance at or after delivery,
except when investigation is required under Division 3-3 of Article 3 of the
Counties Code and except as provided by regulation in special
problem cases.(3) When a fetal death occurs without medical attendance upon the mother
at or after the delivery, or when investigation is required under Division
3-3 of Article 3 of the Counties Code, the coroner shall be responsible for
the completion of the fetal death certificate and shall sign the medical
certification within 24 hours after the delivery or the finding of the
fetus, except as provided by regulation in special problem cases.
(Source: P.A. 102-257, eff. 1-1-22.) (410 ILCS 535/20.5)Sec. 20.5. 
		Certificate of stillbirth.(a) The State Registrar shall prescribe and distribute a form for a
certificate of stillbirth. The certificate shall be in the
same format as a certificate of live birth prepared under Section 12 and shall
be filed in the same manner as a certificate of live birth.(b) After each fetal death that occurs in this State after a gestation
period of at least 26 completed weeks, the person who files a fetal death
certificate in connection with that death as required under Section 20 shall,
only upon request by the woman who delivered the stillborn fetus,
also prepare a certificate of
stillbirth.  The person shall
prepare the certificate on the form prescribed and furnished by the State
Registrar and in accordance with the rules adopted by the State Registrar.(c) If the stillborn's parent or parents do not wish to provide a name
for the stillborn, the person who prepares the certificate of
stillbirth shall leave blank any references to the stillborn's
name.(d) When a stillbirth occurs in this State and the stillbirth has not
been registered within one year after the delivery, a certificate marked
"delayed" may be filed and registered in accordance with regulations adopted by
the State Registrar.  The certificate must show on its face the date of
registration.(e) In the case of a fetal death that occurred in this State after a
gestation period of at least 26 completed weeks and before the effective date
of this amendatory Act of the 93rd General Assembly, a parent of the stillborn
child may request that the person who filed a fetal death certificate in
connection with that death as required under Section 20 shall also prepare a
certificate of stillbirth with respect to the fetus.  If a
parent of a stillborn makes such a request under this subsection (e), the
person who filed a fetal death certificate shall prepare the certificate of
stillbirth and file it with the designated registrar within
30 days after the request by the parent.
		(Source: P.A. 93-578, eff. 8-21-03.) (410 ILCS 535/21) (from Ch. 111 1/2, par. 73-21)Sec. 21. 
(1) The funeral director or person acting as such who first
assumes custody of a dead body or fetus shall make a written report to the
registrar of the district in which death occurred or in which the body or
fetus was found within 24 hours after taking custody of the body or fetus
on a form prescribed and furnished by the State Registrar and in accordance
with the rules promulgated by the State Registrar.  Except as specified in
paragraph (2) of this Section, the written report shall serve as a permit
to transport, bury, or entomb the body or fetus within this State, provided
that the funeral director or person acting as such shall certify that the certifying health care professional who, within 12 months prior to the date of the patient's death, was treating or managing treatment of the patient's illness or condition
which resulted in death has been contacted and has affirmatively stated
that he or she will sign the medical certificate of death or the fetal death
certificate.  If a funeral director
fails to file written
reports under this Section in a timely manner, the local registrar
may suspend the funeral director's privilege of filing written
reports by mail.
In a county with a population greater than 3,000,000, if a funeral director
or person acting as such inters or entombs a dead body
 without having previously certified that the certifying health care professional who, within 12 months prior to the date of the patient's death, was treating or managing treatment of the
patient's illness or condition that resulted in death has been
contacted and has affirmatively stated that he or she will sign the medical
certificate of death,
then that funeral
director or person acting as such
 is responsible for payment of the specific costs incurred by the county
medical examiner in
disinterring and reinterring or reentombing
the dead body.(2) The written report as specified in paragraph (1) of this Section shall
not serve as a permit to:(a) Remove body or fetus from this State;(b) Cremate the body or fetus; or(c) Make disposal of any body or fetus in any manner     when death is subject to the coroner's or medical examiner's investigation.(3) In accordance with the provisions of paragraph (2) of this Section
the funeral director or person acting as such who first assumes custody
of a dead body or fetus shall obtain a permit for disposition of such
dead human body prior to final disposition or removal from the State of the
body or fetus.  Such permit shall be issued by the registrar of the
district where death occurred or the body or fetus was found.  No such
permit shall be issued until a properly completed certificate of death has
been filed with the registrar.  The registrar shall insure the issuance of
a permit for disposition within an expedited period of time to accommodate
Sunday or holiday burials of decedents whose time of death and religious
tenets or beliefs necessitate Sunday or holiday burials.(4) A permit which accompanies a dead body or fetus brought into this
State shall be authority for final disposition of the body or fetus in this
State, except in municipalities where local ordinance requires the issuance
of a local permit prior to disposition.(5) A permit for disposition of a dead human body shall be required
prior to disinterment of a dead body or fetus, and when the disinterred
body is to be shipped by a common carrier.  Such permit shall be issued to
a licensed funeral director or person acting as such, upon proper
application, by the local registrar of the district in which disinterment
is to be made. In the case of disinterment, proper application shall
include a statement providing the name and address of any surviving spouse
of the deceased, or, if none, any surviving children of the deceased, or if
no surviving spouse or children, a parent, brother, or sister of the
deceased.  The
application shall indicate whether the applicant is one of these parties
and, if so, whether the applicant is a surviving spouse or a surviving
child.  Prior to the issuance of a permit for disinterment, the
local registrar shall, by certified mail, notify the surviving spouse,
unless he or she is the applicant, or if there is no surviving spouse, all
surviving children except for the applicant, of the application for the
permit.  The person or persons notified shall have 30 days from the mailing
of the notice to object by obtaining an injunction enjoining the issuance
of the permit.  After the 30-day period has expired, the local registrar
shall issue the permit unless he or she has been enjoined from doing so or
there are other statutory grounds for refusal.  The notice to the spouse or
surviving children shall inform the person or persons being notified of the
right to seek an injunction within 30 days. Notwithstanding any other
provision of this subsection (5), a court may order issuance of a permit
for disinterment without notice or prior to the expiration of the 30-day
period where the petition is made by an agency of any governmental unit and
good cause is shown for disinterment without notice or for the early order.
Nothing in this subsection (5) limits the authority of the City of Chicago to
acquire property or otherwise exercise its powers under the O'Hare
Modernization Act or requires that City,
or
any person acting on behalf of that City, to obtain a permit under this
subsection (5) when exercising powers under the O'Hare Modernization Act. The Illinois Department of Transportation, and any person acting on its behalf under a public-private agreement entered into in accordance with the Public-Private Agreements for the South Suburban Airport Act, is exempt from this subsection (5), provided that the Illinois Department of Transportation, or any such person, takes reasonable steps to comply with the provisions of this subsection (5) so long as compliance does not interfere with the design, development, operation, or maintenance of the South Suburban Airport or the exercise of their powers under the Public-Private Agreements for the South Suburban Airport Act. 
(Source: P.A. 102-257, eff. 1-1-22.) (410 ILCS 535/21.5)Sec. 21.5. Group burial; group cremation. Notwithstanding Sections 20 and 21 of this Act, a permit for a group burial or group cremation under Section 11.4 of the Hospital Licensing Act may be issued without a fetal death certificate. The Department shall adopt rules to implement this Section.
(Source: P.A. 96-338, eff. 1-1-10.) (410 ILCS 535/21.7)Sec. 21.7. Temporary removal of a dead body. No permit for transportation signed by the local registrar is required prior to transporting a dead human body out of the State of Illinois, at the direction of a federally designated organ procurement organization, for the purpose of organ or tissue donation. The dead human body being transported for the purpose of organ or tissue donation shall be accompanied by a self-issued permit in accordance with rules adopted by the Department of Public Health. This self-issued permit shall be completed by an Illinois-licensed funeral director and embalmer or Illinois-licensed funeral director and shall serve as notification to the county medical examiner or coroner of the jurisdiction or county in which the death occurred that the dead human body is being transported out of Illinois for a period not to exceed 36 hours. This Section applies only to instances in which the dead human body is to be returned to Illinois prior to disposition. This Section does not affect any rights or responsibilities held by  county medical examiners or coroners under the Local Governmental and Governmental Employees Tort Immunity Act. The Department of Public Health shall adopt rules to implement this Section.
(Source: P.A. 99-262, eff. 1-1-16.) (410 ILCS 535/22) (from Ch. 111 1/2, par. 73-22)Sec. 22. (1) A certificate or record filed under this Act may be amended
only in accordance with this Act and such regulations as the Department may
adopt to protect the integrity of vital records.
An application for an amendment shall be accompanied by a fee of $15 which
includes the provision of one certification or certified copy of the
amended birth record. If the request is for additional
copies, it shall be accompanied by a fee of $2 for each additional
certification or certified copy.  Such amendments may only
be made in connection with the original certificates and may not be made on
copies of such certificates without the approval of the State Registrar of
Vital Records.  The provisions of this Section shall also be applicable to a
certificate or record filed under any former Act relating to the
registration of births, stillbirths, and deaths.  Any original certificate
or record filed with the county clerk prior to January 1, 1916, may be
amended by the county clerk under the same provisions of this Section, or
regulations adopted pursuant thereto, as apply to the State Registrar of
Vital Records governing amendments to certificates or records filed with
the Department subsequent to December 31, 1915.(2) A certificate that is amended under this Section after its filing
shall have the correction entered on its face; shall clearly indicate that
an amendment has been made; and shall show the date of the amendment.  A
summary description of the evidence submitted in support of an amendment
shall be permanently retained by the Department either as an original
record or in microphotographic form.  Documents from which such summary
descriptions are made may be returned by the Department to the person or
persons submitting them.  The Department shall prescribe by regulation the
conditions under which, within one year after the date of occurrence,
additions or minor corrections may be made without the certificate being
considered amended.(3) An amendment to a delayed birth registration established under the
provisions of Section 15 of this Act may be made by the State Registrar
of Vital Records only upon the basis of an order from the court which
originally established the facts of birth.(4) Upon receipt of a certified copy of a court order changing the name
or names of a person born in this State, the official custodian shall amend
the original certificate of birth to reflect the changes.(5) (Blank).(6) When the
paternity of a child with a certificate of birth on file in this State is
established through voluntary acknowledgment or by a court or administrative
agency under the laws of this or any other state, the
State Registrar of Vital Records shall amend the original record accordingly,
upon notification from a circuit court of this State or the Department of Healthcare and Family Services (formerly
						Illinois Department
of Public Aid), or upon receipt of a certified copy of another state's
acknowledgment or judicial or administrative determination of paternity.(7) Notwithstanding any other provision of this Act, if an
adopted person applies in accordance with this Section for the amendment of the
name on his or her birth certificate, the State Registrar shall amend the birth
certificate if the person provides documentation or other evidence supporting
the application that would be deemed sufficient if the documentation or
evidence had been submitted in support of an application by a person who has
not been adopted.(8) When paternity has been established after the birth in accordance with
Section 12, the State Registrar of Vital Records shall amend the original
record accordingly.(9) Upon application by the parents not later than one year after an
acknowledgment of parentage under this Act or the Illinois Public Aid Code or a
judicial or administrative determination or establishment of paternity or
parentage, the State Registrar of Vital Records shall amend the child's
name on the child's certificate of birth
in accordance with the application.  No more than one application to change a
child's name may be made under this subsection (9).(10) When a certificate is amended by the State Registrar of Vital Records
under this Section, the State Registrar of Vital Records shall furnish a copy
of the summary description to the custodian of any permanent local records and
such records shall be amended accordingly.
					(Source: P.A. 95-331, eff. 8-21-07.) (410 ILCS 535/23) (from Ch. 111 1/2, par. 73-23)Sec. 23. 
		
		The State Registrar of Vital Records, local registrars, and county
clerks, are hereby declared official custodians of vital records in this
State, and shall maintain such records in a safe place.
		(Source: P.A. 76-678.) (410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24)Sec. 24. (1) To protect the integrity of vital records, to insure their
proper use, and to insure the efficient and proper administration of the
vital records system, access to vital records, and indexes thereof,
including vital records in the custody of local registrars and county
clerks originating prior to January 1, 1916, is limited to the custodian
and his employees, and then only for administrative purposes, except that
the indexes of those records in the custody of local registrars and county
clerks, originating prior to January 1, 1916, shall be made available to
persons for the purpose of genealogical research.  Original, photographic or
microphotographic reproductions of original records of births 100 years old
and older and deaths 50 years old and older, and marriage records 75 years
old and older on file in the State Office of Vital Records and in the
custody of the county clerks may be made available for inspection in the
Illinois State Archives reference area, Illinois Regional Archives
Depositories, and other libraries approved by the Illinois State
Registrar and the Director of the Illinois State Archives, provided that
the photographic or microphotographic copies are made at no cost to the
county or to the State of Illinois.  It is unlawful for any custodian to
permit inspection of, or to disclose information contained in, vital
records, or to copy or permit to be copied, all or part of any such record
except as authorized by this Act or regulations adopted pursuant thereto.(2) The State Registrar of Vital Records, or his agent, and any
municipal, county, multi-county, public health district, or regional health
officer recognized by the Department may examine vital records for the
purpose only of carrying out the public health programs and
responsibilities under his jurisdiction.(3) The State Registrar of Vital Records, may disclose, or authorize the
disclosure of, data contained in the vital records when deemed essential
for bona fide research purposes which are not for private gain.This amendatory Act of 1973 does not apply to any home rule unit.(4) The State Registrar shall exchange with the
Department of Healthcare and Family Services

information that
may be necessary for the establishment of paternity and the establishment,
modification, and enforcement of child support orders
entered pursuant to the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal Enforcement of Support
Act, the Uniform Interstate Family Support
Act, the Illinois Parentage Act of 1984, or the Illinois Parentage Act of 2015.
Notwithstanding any provisions in this Act to the
contrary, the State Registrar shall not be liable
to any person for any disclosure of information to the
Department of Healthcare and Family Services (formerly Illinois Department of Public Aid)
under this subsection
or for any
other action taken in good faith to comply with the requirements of this
subsection.
(Source: P.A. 99-85, eff. 1-1-16.) (410 ILCS 535/24.1) (from Ch. 111 1/2, par. 73-24.1)Sec. 24.1. 
		
		Any information contained in the vital records shall be made
available to the Department of Public Health
pursuant to the Illinois Health and Hazardous Substances Registry Act.
		(Source: P.A. 83-1361.) (410 ILCS 535/24.5)Sec. 24.5. Access to records; pension funds and retirement systems. Any information contained in the vital records shall be made available at no cost to any pension fund or retirement system under the Illinois Pension Code for administrative purposes.
(Source: P.A. 99-683, eff. 7-29-16.) (410 ILCS 535/24.6)Sec. 24.6. Access to records; State Treasurer. Any information contained in the vital records shall be made available at no cost to the State Treasurer for administrative purposes related to the Revised Uniform Unclaimed Property Act.
(Source: P.A. 100-543, eff. 1-1-18; 100-863, eff. 8-14-18.) (410 ILCS 535/25) (from Ch. 111 1/2, par. 73-25)Sec. 25. In accordance with Section 24 of this Act, and the
regulations adopted pursuant thereto:(1) The State Registrar of Vital Records shall search     the files of birth, death, and fetal death records, upon receipt of a written request and a fee of $10 from any applicant entitled to such search.  A search fee shall not be required for commemorative birth certificates issued by the State Registrar. A search fee shall not be required for a birth record search from a person (1) upon release on parole, mandatory supervised release, final discharge, or pardon from the Department of Corrections if the person presents a prescribed verification form completed by the Department of Corrections verifying the person's date of birth and social security number, or (2) placed on aftercare release under the Juvenile Court Act of 1987, upon release on parole, mandatory supervised release, final discharge, or pardon from the Department of Juvenile Justice if the person presents a prescribed verification form completed by the Department of Juvenile Justice verifying the person's date of birth and social security number; however, the person is entitled to only one search fee waiver. If, upon search, the record requested is found, the State Registrar shall furnish the applicant one certification of such record, under the seal of such office.  If the request is for a certified copy of the record an additional fee of $5 shall be required. An additional fee for a certified copy of the record shall not be required from a person (1) upon release on parole, mandatory supervised release, final discharge, or pardon from the Department of Corrections if the person presents a prescribed verification form completed by the Department of Corrections verifying the released person's date of birth and social security number, or (2) placed on aftercare release under the Juvenile Court Act of 1987, upon release on parole, mandatory supervised release, final discharge, or pardon from the Department of Juvenile Justice if the person presents a prescribed verification form completed by the Department of Juvenile Justice verifying the person's date of birth and social security number; however, the person is entitled to only one certified copy fee waiver.  If the request is for a certified copy of a death certificate or a fetal death certificate, an additional fee of $2 is required.  The additional fee shall be deposited into the Death Certificate Surcharge Fund.  A further fee of $2 shall be required for each additional certification or certified copy requested.  If the requested record is not found, the State Registrar shall furnish the applicant a certification attesting to that fact, if so requested by the applicant.  A further fee of $2 shall be required for each additional certification that no record has been found.Any local registrar or county clerk shall search the     files of birth, death and fetal death records, upon receipt of a written request from any applicant entitled to such search.  If upon search the record requested is found, such local registrar or county clerk shall furnish the applicant one certification or certified copy of such record, under the seal of such office, upon payment of the applicable fees. If the requested record is not found, the local registrar or county clerk shall furnish the applicant a certification attesting to that fact, if so requested by the applicant and upon payment of applicable fee.  The local registrar or county clerk must charge a $2 fee for each certified copy of a death certificate.  The fee is in addition to any other fees that are charged by the local registrar or county clerk.  The additional fees must be transmitted to the State Registrar monthly and deposited into the Death Certificate Surcharge Fund. The local registrar or county clerk may charge fees for providing other services for which the State Registrar may charge fees under this Section.Upon receipt of a written request from any applicant     entitled to such a search, a local registrar or county clerk shall search available files for the death certificate of an active duty or retired service member of the United States military. If the death certificate requested by the applicant is found, the local registrar or county clerk shall furnish the applicant with one certified copy of the death certificate, under the seal of the local registrar's or county clerk's office, at no cost to the applicant. If the requested death certificate of the service member is not found, the local registrar or county clerk shall furnish the applicant, at no cost, with certification attesting to that fact if so requested by the applicant. A local registrar or county clerk shall not require a fee from the applicant of more than $6 for any subsequent copy of the service member's death certificate or certification attesting that the death certificate of the service member was not found.A request to any custodian of vital records for a     search of the death record indexes for genealogical research shall require a fee of $10 per name for a 5 year search.  An additional fee of $1 for each additional year searched shall be required.  If the requested record is found, one uncertified copy shall be issued without additional charge.Any fee received by the State Registrar pursuant to     this Section which is of an insufficient amount may be returned by the State Registrar upon his recording the receipt of such fee and the reason for its return.  The State Registrar is authorized to maintain a 2 signature, revolving checking account with a suitable commercial bank for the purpose of depositing and withdrawing-for-return cash received and determined insufficient for the service requested.No fee imposed under this Section may be assessed     against an organization chartered by Congress that requests a certificate for the purpose of death verification.Any custodian of vital records, whether it may be the     Department of Public Health, a local registrar, or a county clerk shall charge an additional $2 for each certified copy of a death certificate and that additional fee shall be collected on behalf of the Department of Financial and Professional Regulation for deposit into the Cemetery Oversight Licensing and Disciplinary Fund.(2) The certification of birth may contain only the     name, sex, date of birth, and place of birth, of the person to whom it relates, the name, age and birthplace of the parents, and the file number; and none of the other data on the certificate of birth except as authorized under subsection (5) of this Section.(3) The certification of death shall contain only the     name, Social Security Number, sex, date of death, and place of death of the person to whom it relates, and file number; and none of the other data on the certificate of death except as authorized under subsection (5) of this Section.(4) Certification or a certified copy of a     certificate shall be issued:(a) Upon the order of a court of competent         jurisdiction; or(b) In case of a birth certificate, upon the         specific written request for a certification or certified copy by the person, if of legal age, by a parent or other legal representative of the person to whom the record of birth relates, or by a person having a genealogical interest; or(c) Upon the specific written request for a         certification or certified copy by a department of the state or a municipal corporation or the federal government; or(c-1) Upon the specific written request for a         certification or certified copy by a State's Attorney for the purpose of a criminal prosecution; or(d) In case of a death or fetal death         certificate, upon specific written request for a certified copy by a person, or his duly authorized agent, having a genealogical, personal or property right interest in the record.A genealogical interest shall be a proper purpose     with respect to births which occurred not less than 75 years and deaths which occurred not less than 20 years prior to the date of written request.  Where the purpose of the request is a genealogical interest, the custodian shall stamp the certification or copy with the words, FOR GENEALOGICAL PURPOSES ONLY.(5) Any certification or certified copy issued     pursuant to this Section shall show the date of registration; and copies issued from records marked "delayed," "amended," or "court order" shall be similarly marked and show the effective date.(6) Any certification or certified copy of a     certificate issued in accordance with this Section shall be considered as prima facie evidence of the facts therein stated, provided that the evidentiary value of a certificate or record filed more than one year after the event, or a record which has been amended, shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence.(7) Any certification or certified copy issued     pursuant to this Section shall be issued without charge when the record is required by the United States Veterans Administration or by any accredited veterans organization to be used in determining the eligibility of any person to participate in benefits available from such organization.  Requests for such copies must be in accordance with Sections 1 and 2 of "An Act to provide for the furnishing of copies of public documents to interested parties," approved May 17, 1935, as now or hereafter amended.(8) The National Vital Statistics Division, or any     agency which may be substituted therefor, may be furnished such copies or data as it may require for national statistics; provided that the State shall be reimbursed for the cost of furnishing such data; and provided further that such data shall not be used for other than statistical purposes by the National Vital Statistics Division, or any agency which may be substituted therefor, unless so authorized by the State Registrar of Vital Records.(9) Federal, State, local, and other public or     private agencies may, upon request, be furnished copies or data for statistical purposes upon such terms or conditions as may be prescribed by the Department.(10) The State Registrar of Vital Records, at his     discretion and in the interest of promoting registration of births, may issue, without fee, to the parents or guardian of any or every child whose birth has been registered in accordance with the provisions of this Act, a special notice of registration of birth.(11) No person shall prepare or issue any certificate     which purports to be an original, certified copy, or certification of a certificate of birth, death, or fetal death, except as authorized in this Act or regulations adopted hereunder.(12) A computer print-out of any record of birth,     death or fetal record that may be certified under this Section may be used in place of such certification and such computer print-out shall have the same legal force and effect as a certified copy of the document.(13) The State Registrar may verify from the     information contained in the index maintained by the State Registrar the authenticity of information on births, deaths, marriages and dissolution of marriages provided to a federal agency or a public agency of another state by a person seeking benefits or employment from the agency, provided the agency pays a fee of $10.(14) The State Registrar may issue commemorative     birth certificates to persons eligible to receive birth certificates under this Section upon the payment of a fee to be determined by the State Registrar.(Source: P.A. 102-739, eff. 1-1-23.) (410 ILCS 535/25.1) (from Ch. 111 1/2, par. 73-25.1)Sec. 25.1. (a) When the State Registrar of Vital Records receives
or prepares a death certificate the Registrar shall make an
appropriate notation in the birth certificate record of that person that
the person is deceased.  The Registrar shall also notify the appropriate
municipal or county custodian of such birth record that the person is
deceased, and such custodian shall likewise make an appropriate notation
in its records.(b) In response to any inquiry, the Registrar or a custodian shall not
provide a copy of a birth certificate or information concerning the birth
record of any deceased person except as provided in this subsection (b) or
as otherwise provided in this Act or as approved by the Department. When a
copy of the birth certificate of a deceased person is requested, the
Registrar or custodian shall require the person making the request to
complete an information form, which shall be developed and furnished by the
Department and shall include, at a minimum, the name, address, telephone
number, social security number and driver's license number of the person
making the request. Before furnishing the copy, the custodian shall
prominently stamp on the copy the word "DECEASED" and write or stamp on the
copy the date of death of the deceased person. The custodian shall retain
the information form completed by the person making the request, and note
on the birth certificate record that such a request was made.  The
custodian shall make the information form available to the Illinois State Police or any local law enforcement agency upon request.  A city or
county custodian shall promptly submit copies of all completed forms to the
Registrar. The word "DECEASED" and the date of death shall not appear on a copy of a birth certificate furnished to a parent of a child who died within 3 months of birth, provided no other copy of a birth certificate was furnished to the parent prior to the child's death.(c) The Registrar shall furnish, no later than 60 days after receipt of
a form used to request a birth certificate record of a deceased person, a
copy of the form and a copy of the corresponding birth certificate record
to the
Department of Healthcare and Family Services and the Department of Human
Services.  The Department of Healthcare and Family Services and the Department of Human Services shall, upon receipt of such
information, check their records to
ensure that no claim for public assistance under the Illinois Public Aid
Code is being made either by a person
purporting to be the deceased person or by any person on behalf of the
deceased person.(d) Notwithstanding the requirements of subsection (b), when the death of a child occurs within 90 days of that child's live birth, the mother listed on the birth certificate of that child may request the issuance of a copy of a certificate of live birth from the State Registrar.  Such request shall be made in accordance with subsection (b), shall indicate the requestor's relationship to the child, and shall be made not later than 9 months from the date of the death of the child.  Except as provided herein, the Registrar shall conform to all requirements of this Act in issuing copies of certificates under this subsection (d).
(Source: P.A. 102-538, eff. 8-20-21.) (410 ILCS 535/25.3)Sec. 25.3. Homeless person birth record request.(a) For the purposes of this Section, an individual's status as a homeless person may be verified by a human services agency, legal services agency, or other similar agency that has knowledge of the individual's housing status, including, but not limited to:(1) a homeless service agency receiving federal,     State, county, or municipal funding to provide those services or otherwise sanctioned by a local continuum of care;(2) an attorney licensed to practice in the State;(3) a public school homeless liaison or school social     worker; or(4) a human services provider funded by the State to     serve homeless or runaway youth, individuals with mental illness, or individuals with addictions.Individuals who are homeless must not be charged for this verification.Anyone who knowingly or purposefully falsifies this verification is subject to a penalty of $100.(b) Applicable fees under Section 25 of this Act for a search for a birth record or a certified copy of a birth record shall be waived for all requests made by a homeless person whose status is verified under subsection (a) of this Section.The State Registrar of Vital Records shall establish standards and procedures consistent with this Section for waiver of such applicable fees.(c) A homeless person shall be provided no more than 4 birth records annually under this Section. 
(Source: P.A. 100-506, eff. 1-1-18.) (410 ILCS 535/25.4)Sec. 25.4. Youth in care birth record request.(a)  For the purposes of this Section, an individual's status as a youth in care may be verified:(1) with a copy of the court order placing the youth     in the guardianship or custody of the Department of Children and Family Services or terminating the Department of Children and Family Services' guardianship or custody of the youth; or(2) by a human services agency, legal services     agency, or other similar agency that has knowledge of the individual's youth in care status, including, but not limited to:(A)  a child welfare agency, including the         Department of Children and Family Services; or(B)  the attorney or guardian ad litem who served         as the youth in care's attorney or guardian ad litem during proceedings under the Juvenile Court Act of 1987.A person described in subsection (b) of this Section must not be charged for verification under this Section.A person who knowingly or purposefully falsifies this verification is subject to a penalty of $100.(b)  The applicable fees under Section 25 of this Act for a search for a birth record or a certified copy of a birth record shall be waived for all requests made by:(1) a youth in care, as defined in Section 4d of the     Children and Family Services Act,  whose status is verified under subsection (a) of this Section; or(2) a person under the age of 27 who was a youth in     care, as defined in Section 4d of the Children and Family Services Act, on or after his or her 18th birthday and whose status is verified under subsection (a) of this Section.The State Registrar of Vital Records shall establish standards and procedures consistent with this Section for waiver of the applicable fees.(c)  A person shall be provided no more than 4 birth records annually under this Section. 
(Source: P.A. 100-619, eff. 1-1-19; 101-81, eff. 7-12-19.) (410 ILCS 535/25.5)Sec. 25.5. Death Certificate Surcharge Fund. The additional $2 fee for
certified copies of death certificates and fetal death certificates must be
deposited into the Death Certificate Surcharge Fund, a special fund created in
the State treasury.  Beginning 30 days after the effective date of this
amendatory Act of the 92nd General Assembly and until January 1, 2003 and
then beginning again on July 1, 2003 and until July 1, 2005, moneys
in the Fund, subject to appropriation, may be used by the
Department for the purpose of implementing an electronic reporting system for
death registrations as provided in Section 18.5 of this Act.  Before the
effective date of this amendatory Act of the 92nd General Assembly,
on and
after January 1, 2003 and until July 1, 2003, and on and after July
1, 2005,
moneys in the Fund, subject to appropriations, may be
used as follows: (i) 25% by the Coroner Training Board for the purpose of training coroners, deputy coroners, forensic
pathologists, and police officers for death investigations and lodging and travel expenses relating to training, (ii) 25% for
grants by the Department of Public Health
for distribution to
all local county coroners and medical examiners or officials charged with the
duties set forth under Division 3-3 of the Counties Code, who have a different
title, for equipment and lab facilities, (iii) 25% by the Department of Public
Health
for the purpose of
setting up a statewide database of death certificates and implementing an
electronic reporting system for death registrations pursuant to Section 18.5,
and (iv) 25% for a grant by the Department of Public Health to
local registrars.
(Source: P.A. 99-408, eff. 1-1-16.) (410 ILCS 535/26) (from Ch. 111 1/2, par. 73-26)Sec. 26. 
		
		(1) Every person in charge of an institution shall keep a record
of personal particulars and data concerning each person admitted or
confined to such institution. This record shall include such information as
required by the standard certificate of birth, death, and fetal death forms
issued under the provisions of this Act. The record shall be made at the
time of admission from information provided by such person, but when it
cannot be so obtained, the same shall be obtained from relatives or other
persons acquainted with the facts. The name and address of the person
providing the information shall be a part of the record.(2) When a dead human body is released or disposed of by an institution,
the person in charge of the institution shall keep a record showing the
name of the deceased, date of death, name and address of the person to whom
the body is released, date of removal from the institution, or if finally
disposed of by the institution, the date, place, and manner of disposition
shall be recorded.(3) A funeral director or other person who removes from the place of
death or transports or finally disposes of a dead body or fetus, in
addition to filing any certificate or other form required by this Act,
shall keep a record which shall identify the body, and such information
pertaining to his receipt, removal, and delivery of such body as may be
prescribed in regulations adopted by the Department.
		(Source: Laws 1961, p. 2935.) (410 ILCS 535/27) (from Ch. 111 1/2, par. 73-27)Sec. 27. 
		
		(1) (a) Any person who willfully and knowingly makes any false
statement in a report, record, or certificate required to be filed under
this Act, or in an application for an amendment thereof, or who willfully
and knowingly supplies false information intending that such information be
used in the preparation of any such report, record, or certificate, or
amendment thereof; or(b) Any person who without lawful authority and with the intent to
deceive, makes, alters, amends, or mutilates any report, record, or
certificate required to be filed under this Act or a certified copy of such
report, record, or certificate; or(c) Any person who willfully and knowingly uses or attempts to use, or
furnish to another for use, for any purpose of deception, any certificate,
record, report, or certified copy thereof so made, altered, amended, or
mutilated; or(d) Any person who with the intention to deceive willfully uses or
attempts to use any certificate of birth or certified copy of a record of
birth knowing that such certificate or certified copy was issued upon a
record which is false in whole or in part or which relates to the birth of
another person; or(e) Any custodian of a vital record who willfully and knowingly violates
the provisions of Section 24 or Section 25 of this Act; or(f) Any person who willfully and knowingly furnishes a certificate of
birth, or certified copy of a record of birth with the intention that it be
used by a person or persons other than those recited in Section 25(4) of
this Act is guilty of a Class 4 felony.(2) (a) Any person who knowingly transports or accepts for
transportation, interment, or other disposition of a dead body without an
accompanying permit as provided in this Act; or(b) Any person who refuses to provide information required by this Act;
or(c) Any person who willfully neglects or violates any of the provisions
of this Act or refuses to perform any of the duties imposed upon him or her
by this Act is guilty of a Class A misdemeanor.(3) This Section shall not apply to any registration of a vital record
obtained pursuant to Section 15.1 of this Act.
		(Source: P.A. 88-57.) (410 ILCS 535/28) (from Ch. 111 1/2, par. 73-28)Sec. 28. 
		
		This Act shall be so construed as to effectuate its general
purpose to make uniform the laws of those States which enact it.
		(Source: Laws 1961, p. 2935.) (410 ILCS 535/29) (from Ch. 111 1/2, par. 73-29)Sec. 29. 
		
		This Act may be cited as the "Vital Records Act."
		(Source: P.A. 76-678.)
(410 ILCS 54/1)Sec. 1. Short title. This Act may be cited as the Tattoo and Body Piercing Establishment Registration Act.
		(Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/5)Sec. 5. Purpose.  It has been established that non-sterile needles can lead to the spread of certain blood-borne illnesses such as Hepatitis and HIV.  Tattoo and body piercing practices affect the health, safety, and welfare of the public, therefore, the General Assembly finds that the regulation of tattoo and body piercing establishments by the State is necessary to ensure public health, safety, and welfare. It is further declared that the purpose of this Act is to provide for a safe and adequate blood supply.  This Act shall be liberally construed to carry out these objectives and purposes.
		(Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/10)Sec. 10. Definitions.   In this Act:"Aseptic technique" means a practice that prevents and hinders the transmission of disease-producing microorganisms from one person or place to another."Body piercing" means penetrating the skin to make a hole, mark, or scar that is generally permanent in nature.

"Body piercing" does not include  practices that are considered medical procedures or the puncturing of the outer perimeter or lobe of the ear using a pre-sterilized, single-use stud and clasp ear piercing system."Client" means the person, customer, or patron whose skin will be tattooed or pierced."Communicable disease" means a disease that can be transmitted from person to person directly or indirectly, including diseases transmitted via blood or body fluids."Department" means the Department of Public Health or other health authority designated as its agent."Director" means the Director of Public Health or his or her designee."Establishment" means a body-piercing operation, a tattooing operation, or a

combination of both operations in a multiple-type establishment."Ink cup" means a small container for an individual portion of pigment that may be installed in a holder or palette and in which a small amount of pigment of a given color is placed."Multi-type establishment" means an operation encompassing both body piercing and tattooing on the same premises and under the same management."Person" means any individual, group of individuals, association, trust, partnership, corporation, or limited liability company."Procedure area" means the immediate area where instruments and supplies are placed during a procedure."Operator" means an individual, partnership, corporation, association, or other entity engaged in the business of owning, managing, or offering services of body piercing or tattooing."Sanitation" means the effective bactericidal and veridical treatment of clean equipment surfaces by a process that effectively destroys pathogens."Single use" means items that are intended for one time and one person use only and are to then be discarded."Sterilize" means to destroy all living organisms including spores."Tattooing" means making permanent marks on the skin of a live human being by puncturing the skin and inserting indelible colors. "Tattooing" includes imparting permanent makeup on the skin, such as permanent lip coloring and permanent eyeliner. "Tattooing" does not include any of the following:(1)   The practice of electrology as defined in the     Electrologist Licensing Act.(2)   The practice of acupuncture as defined in the     Acupuncture Practice Act.(3)   The use, by a physician licensed to practice     medicine in all its branches, of colors, dyes, or pigments for the purpose of obscuring scar tissue or imparting color to the skin for cosmetic, medical, or figurative purposes.(Source: P.A. 99-117, eff. 1-1-16; 100-863, eff. 8-14-18.) (410 ILCS 54/15)Sec. 15. Registration required.(a)  A certificate of registration issued by the Department shall be required prior to the operation of any establishment or multi-type establishment.  The operator of the facility shall file an application for a certificate of registration with the Department that shall be accompanied by the requisite fee, as determined by the Department, and include all of the following information:(1)   The applicant's (operator) name, address,     telephone number, and age.  In order to qualify for a certificate of registration under this Act, an applicant must be at least 18 years of age.(2)   The name, address, and phone number of the     establishment.(3)   The type and year of manufacture of the     equipment proposed to be used for tattooing or body piercing.(4)   The sterilization and operation procedures to     be used by the establishment.(5)   Any other information required by the     Department.(b) If the operator owns or operates more than one establishment, the operator shall file a separate application for each facility owned or operated.
(Source: P.A. 99-117, eff. 1-1-16.) (410 ILCS 54/20)Sec. 20. Temporary registration. A temporary certificate of registration may be issued by the Department for educational, trade show, or product demonstration purposes only. The temporary certificate of registration shall  be valid for a maximum of 14 calendar days. 
		(Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/25)Sec. 25. Operating requirements.     All establishments registered under this Act must comply with the following requirements:(1) The operator of an establishment must ensure that     all body piercing and tattooing procedures are performed in a clean and sanitary environment that is consistent with sanitation techniques established by the Department.(2) The operator of an establishment must ensure that     all body piercing and tattooing procedures are performed in a manner that is consistent with an aseptic technique established by the Department.(3) The operator of an establishment must ensure that     all equipment and instruments used in body piercing and tattooing procedures are either single use and pre-packaged instruments or in compliance with sterilization techniques established by the Department.(4) The operator of an establishment must ensure that     single use ink is used in all tattooing procedures.(Source: P.A. 99-117, eff. 1-1-16.) (410 ILCS 54/27)Sec. 27. Prohibitions. Body piercing procedures must not be performed, without medical clearance, on skin surfaces where sunburn, rash, acne, infection, open lesions, or other questionable skin lesions exist and must not be performed on any person who is impaired by drugs or alcohol.
		(Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/30)Sec. 30. Duties of the Department; rulemaking.(a)    Before issuing a certificate of registration to an applicant, the Department, or its designee, shall inspect the premises of the establishment to insure compliance under the requirements of this Act.(b)   Once a certificate of registration is issued, the Department may periodically inspect each establishment registered under this Act to ensure compliance.(c)

The Department shall adopt any rules deemed necessary for the implementation and administration of this Act.
		(Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/35)Sec. 35. Expiration and renewal of registration; display.(a) A certificate of registration issued under this Act shall expire and may be renewed annually. The Department may assess a late fee if the renewal application and renewal fee are not submitted on or before the registration expiration date. The Department shall by rule determine the amount of the fee assessed under this subsection (a).(b) Registration is valid for a single location and only for the operator named on the certificate. Registration is not transferable.(c) The certificate of registration issued by the Department shall be conspicuously displayed within the sight of clients upon entering the establishment.
(Source: P.A. 99-117, eff. 1-1-16.) (410 ILCS 54/40)Sec. 40. Change of operator. In the event of a change of operator, the new operator must apply for a certificate of registration prior to taking possession of the property.  A provisional certificate of registration may be issued by the Department until an initial inspection for a certificate of registration can be performed by the Department or its designee.
(Source: P.A. 99-117, eff. 1-1-16.) (410 ILCS 54/45)Sec. 45. Denial; suspension; revocation; nonrenewal of registration. A certificate of registration may be denied, suspended, revoked, or the renewal of a
certificate of registration may be denied for any of the following reasons:Violation of any of the provisions of this Act or the rules and
regulations adopted by the Department under this Act.Conviction of an applicant or registrant of an offense arising from
false, fraudulent, deceptive, or misleading advertising. The record of
conviction or a certified copy shall be conclusive evidence of the conviction.Revocation of a certificate of registration during the previous 5 years or surrender or
expiration of the certificate of registration during the pendency of action by the
Department to revoke or suspend the certificate of registration during the previous 5 years, if
before the certificate of registration was issued to the individual applicant, a controlling
owner or controlling combination of owners of the applicant, or any
affiliate of the individual applicant or controlling owner of the applicant
or affiliate of the applicant, was a controlling owner of the prior certificate of registration.
		(Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/50)Sec. 50. Administration; enforcement.(a) The Department may establish a training program for the Department
agents for administration and enforcement of this Act.(b) In the administration and enforcement of this Act, the Department may
designate and use State-certified, local public health departments as its agents in the administration and enforcement of
this Act and rules.(c) The Department shall issue grants to State-certified, local public health departments acting as agents of the Department based on 75% of the total fees and fines collected in the jurisdiction of the State-certified, local public health department for the enforcement and administration of this Act.(d) The Department or a State-certified, local public health department acting as an agent of the Department in the administration and enforcement of this Act may use the local administrative review process of the State-certified, local public health department to resolve disputes.
		(Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/55)Sec. 55. Investigation; hearing; notice. The Department may, upon its
own motion, and shall upon the verified complaint in writing of any person
setting forth facts which if proven would constitute grounds for the denial
of an application for a certificate of registration, or refusal to renew a certificate of registration, or revocation
of a certificate of registration, or suspension of a certificate of registration, investigate the applicant or registrant. The Department, after notice and opportunity for hearing, may deny
any application for or suspend or revoke a certificate of registration or may refuse to renew a
certificate of registration. Before denying an application or refusing to renew, suspending, or revoking a certificate of registration, the Department shall notify the applicant
in writing. The notice shall specify the charges or reasons for the
Department's contemplated action. The applicant or registrant must
request a hearing within 10 days after receipt of the notice.  Failure to
request a hearing within 10 days shall constitute a waiver of the right
to a hearing.
		(Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/60)Sec. 60. Conduct of hearing.(a) The hearing shall be conducted by the Director, or
an individual designated in writing by the Director as a hearing officer.
The Director or hearing officer may compel by subpoena or subpoena duces
tecum the attendance and testimony of witnesses and the production of books
and papers, and administer oaths to witnesses. The hearing shall be
conducted at a place designated by the Department. The procedures governing
hearings and the issuance of final orders under this Act shall be in
accordance with rules adopted by the Department.(b) All subpoenas issued by the Director or hearing officer may be
served as provided for in civil actions. The fees of witnesses for
attendance and travel shall be the same as the fees for witnesses before
the circuit court and shall be paid by the party to the proceedings at whose
request the subpoena is issued. If a subpoena is issued at the request of
the Department, the witness fee shall be paid as an administrative expense.(c) In cases of refusal of a witness to attend or testify, or to produce
books or papers, concerning any matter upon which he or she might be lawfully
examined, the circuit court of the county wherein the hearing is held, upon
application of any party to the proceeding, may compel obedience by
proceeding as for contempt as in cases of a like refusal to obey a similar
order of the court.
		(Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/65)Sec. 65. Findings of fact; conclusions of law; decision. The Director or hearing officer shall make findings of fact
and conclusions of law in a hearing, and the Director shall
render his or her decision, or the hearing officer his or her proposal for
decision within 45 days after the termination of the hearing
unless additional time is required by the Director or hearing officer  for a proper disposition
of the matter. A copy of the final decision of the Director shall
be served upon the applicant or registrant in person or by
certified mail.
		(Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/70)Sec. 70. Review under Administrative Review Law; venue; costs. All
final administrative decisions of the Department under this Act shall be
subject to judicial review under the provisions of Article III of the Code
of Civil Procedure. The term "administrative decision" is defined
under Section 3-101 of the Code of Civil Procedure.Proceedings for judicial review shall be commenced in the circuit court
of the county in which the party applying for review resides; provided,
that if the party is not a resident of this State, the venue shall be in
Sangamon County.The Department shall not be required to certify any record or file any
answer or otherwise appear in any proceeding for judicial review unless the
party filing the complaint deposits with the clerk of the court the sum of
95 per page representing costs of certification of the record or file.
Failure on the part of the plaintiff to make the deposit shall be grounds
for dismissal of the action.
		(Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/75)Sec. 75. Administrative Procedure Act; application. The provisions of
the Illinois Administrative Procedure Act are hereby expressly adopted and
shall apply to all administrative rules and procedure of the Department
under this Act, except that in case of conflict between the Illinois
Administrative Procedure Act and this Act the provisions of this Act shall
control, and except that Section 5 of the Illinois Administrative Procedure
Act relating to procedures for rulemaking does not apply to the adoption of
any rules required by federal law in connection with which the Department is
precluded by law from exercising any discretion.
		(Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/80)Sec. 80. Penalties; fines. The Department is authorized to establish
and assess penalties or fines against any person who violates this Act or rules adopted under this Act. In no circumstance will
any penalties or fines exceed $1,000 per day for each day the violation continues.
(Source: P.A. 99-117, eff. 1-1-16.) (410 ILCS 54/85)Sec. 85. Public nuisance.(a) The operation or maintenance of an establishment in violation of this Act or any rule adopted by the Department under this Act constitutes a public nuisance inimical to the public welfare.(b) A person convicted of knowingly maintaining a public nuisance
commits a Class A misdemeanor.  Each subsequent offense under this Section
is a Class 4 felony.(c) The Director, in the name of the people of the State and through the Attorney General or State's Attorney of the county in which the establishment is located, may, in addition to the other remedies set forth in this Act, bring an action for an injunction to restrain the violation of this Act or to enjoin the future operation or maintenance of any establishment in violation of this Act.
		(Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/90)Sec. 90. Tattoo and Body Piercing Establishment Registration Fund. There is hereby created in the State
treasury a special fund to be known as the Tattoo and Body Piercing Establishment Registration Fund.  All
fees and fines collected by the Department under this Act and any agreement for
the implementation of this Act and rules under this Act and any federal
funds collected pursuant to the administration of this Act shall be deposited
into the Fund.  The amount deposited shall be
appropriated by the
General Assembly to the Department for the purpose of conducting activities
relating to tattooing and body piercing establishments.
		(Source: P.A. 94-1040, eff. 7-1-07.) (410 ILCS 54/905)Sec. 905. (Amendatory provisions; text omitted).
		(Source: P.A. 94-1040, eff. 7-1-07; text omitted.) (410 ILCS 54/999)Sec. 999. Effective date. This Act takes effect July 1, 2007.
		(Source: P.A. 94-1040, eff. 7-1-07.)
(410 ILCS 540/1)Sec. 1. Short title. This Act may be cited as the Reflex Sympathetic Dystrophy Syndrome Education Act.
(Source: P.A. 96-605, eff. 1-1-10.) (410 ILCS 540/5)Sec. 5. Reflex Sympathetic Dystrophy Syndrome Education Program.(a) In this Act, "syndrome" means Reflex Sympathetic Dystrophy Syndrome, a chronic neurologic syndrome of unknown etiology characterized by severe burning pain, pathological changes in bone and skin, tissue swelling, and extreme sensitivity to touch that, if untreated, results in permanent deformity and chronic pain.(b) The Department of Public Health, subject to appropriation, shall establish the Reflex Sympathetic Dystrophy Syndrome Education Program to promote public awareness of the syndrome and the importance of early detection, diagnosis, and treatment.(c) The program shall promote public awareness of the syndrome through written materials and other forms of communication designed to provide education about the syndrome.

The program shall distribute information that includes:(1) the nature and possible causes of the syndrome;(2) risk factors that may contribute to the     manifestation of the syndrome;(3) available treatment options, including the risks     and benefits of treatment; and(4) the availability of diagnostic, treatment, and     support services in this State.(d) The Department shall work with health care providers, local public health agencies, and other appropriate agencies to coordinate and promote professional education programs that will educate lawyers, judges,
arbitrators, and health care professionals about:(1) current research about the syndrome;(2) the nature of the syndrome;(3) diagnostic procedures;(4) medical and surgical treatment options; and(5) the availability of diagnostic, treatment, and     support services in Illinois communities.(e) The Department may accept gifts, grants, and donations from any source for the purposes of carrying out its duties under this Act.

(Source: P.A. 96-605, eff. 1-1-10.)
(410 ILCS 55/0.01) (from Ch. 111 1/2, par. 4200)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Telecommunication Devices for the Deaf Act.
		(Source: P.A. 86-1324.) (410 ILCS 55/1) (from Ch. 111 1/2, par. 4201)Sec. 1. 
		
		The General Assembly finds that many citizens of this State who
are unable to utilize telephone services in a regular manner due to hearing
impairments are able to communicate through the use of telecommunication devices.Hence, it is the purpose of this Act to require that telecommunication
devices for the deaf be installed.
		(Source: P.A. 81-531.) (410 ILCS 55/2) (from Ch. 111 1/2, par. 4202)Sec. 2. 
		As used in this Act, unless the context otherwise requires:(a) "Telecommunication device for the deaf" means a teletypewriter or
other instrument for telecommunication in which speaking or hearing is not
required for communication.(b) "Public Safety Agency" means any unit of local government or special
purpose district within the State which has authority to provide firefighting,
police, or other emergency services.(c) "Department" means the Department of Human
Services.(d) "Major public transportation site" means any airport or railroad
station in the State providing commercial rail or airline service to the
general public, that serves and is located within 20 miles of a municipality
with a population of 25,000 or more, except for any facility under the
jurisdiction of the Commuter Rail Division created by the Regional
Transportation Authority Act or the Chicago Transit Authority created by
the Metropolitan Transit Authority Act.(e) "General traveling public" are individuals making use of the
commercial rail and airline services which are provided at major public
transportation sites.
		(Source: P.A. 89-507, eff. 7-1-97.) (410 ILCS 55/3) (from Ch. 111 1/2, par. 4203)Sec. 3. 
		
		A telecommunication device for the deaf shall be installed before
January 1, 1990, in the sheriff's office in the county seat of each
county in the State, and in one or more public safety agencies in each
municipality with a population in excess of 10,000 inhabitants.  Each
public safety agency, not within a municipality with more than 10,000
inhabitants, shall share the cost of the telecommunication device with the
county and each public safety agency within a municipality with more than
10,000 inhabitants shall share the cost of the telecommunication device
with such municipality.
		(Source: P.A. 86-629.) (410 ILCS 55/3.1) (from Ch. 111 1/2, par. 4203.1)Sec. 3.1. 
		
		By July 1, 1986, a telecommunication device for the deaf shall
be purchased, leased or otherwise obtained by the operating authority, and
shall be clearly and appropriately marked, available, and
maintained, at the
expense of the operating authority, in each building or terminal used by
the general public at every major public transportation site.  Such device
shall be kept available for use by the general traveling public.
		(Source: P.A. 85-201.) (410 ILCS 55/5) (from Ch. 111 1/2, par. 4205)Sec. 5. 
		
		The Department is authorized to adopt rules and regulations relating
to the installation, maintenance and use of the telecommunication devices
at major public transportation sites.The Attorney General shall investigate any complaint or reported
violation of this Act and, where necessary, take actions necessary to
ensure compliance.
		(Source: P.A. 86-629.)
(410 ILCS 60/0.01) (from Ch. 111 1/2, par. 200.9)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Toxicological Laboratory Service Act.
		(Source: P.A. 86-1324.) (410 ILCS 60/1) (from Ch. 111 1/2, par. 201)Sec. 1. 
		
		The Department of Public Health is authorized to establish and
operate a toxicological laboratory service for the purpose of testing
specimens submitted by coroners, physicians and law
enforcement officers in their
efforts to determine whether poisonous, biologically infectious or
radioactive substances have been
involved in deaths, accidents, or illness; providing technical assistance
and advice on the safe handling of such specimens; and for the further purpose of
testing samples of water, air, and other substances to determine the
radioactive or chemical ingredients of pollutants or industrial wastes
which are or may be emptied into, or found in the streams, waters and
atmosphere of this State, and for similar purposes.
		(Source: P.A. 86-853.)
(410 ILCS 605/0.01) (from Ch. 8, par. 105.90)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Animals Intended for Food Act.
		(Source: P.A. 86-1324.) (410 ILCS 605/1) (from Ch. 8, par. 106)Sec. 1. 
		
		
		For the purpose of preventing the use of meat or meat food products, or
poultry or poultry food products, which are unsound, unhealthful,
unwholesome or otherwise unfit for human food, the Department of
Agriculture may make or cause to be made an examination of any animal
intended for human food which is believed to be afflicted with any
contagious or infectious disease, or any disease or ailment which would
render the carcass of the animal unfit for human food.
		(Source: P.A. 77-2117.) (410 ILCS 605/2) (from Ch. 8, par. 107)Sec. 2. 
		
		In the event any animal shall be inspected by any person herein
authorized to make an inspection, and in his judgment the animal is found
to be afflicted with any disease or ailment which would render it unfit for
human food, the examiner shall forthwith take possession or control of the
animal, and notify the owner or person or corporation in control or
possession thereof that it is unfit for human food; whereupon the animal
shall immediately be killed and the carcass examined by some person or
persons authorized to make inspection thereof. If upon examination the
examiner believes that it is suitable for human food, he shall allow the
person or corporation from whom said animal was taken to make disposition
of the carcass, or the examiner shall cause it to be sold; but if in the
opinion of the inspector the carcass is unwholesome or unfit for human
food, then it shall be stamped, marked, tagged or labeled by the examiner
"Inspected and condemned," and every such condemned carcass shall be
destroyed for the purposes of human food and the examiner shall cause the
offal thereof to be sold: Provided, that if such carcass shall be disposed
of for food purposes by such inspector and the offal sold, the proceeds
thereof shall be accounted for as the Department of Agriculture may
provide.
		(Source: Laws 1943, vol. 1, p. 39.) (410 ILCS 605/2.1) (from Ch. 8, par. 107.1)Sec. 2.1. When in the interest of the general public and in the opinion of the
Department of Agriculture it is deemed advisable, the Department has
authority to quarantine or restrict any and all animals intended for human
consumption that contain poisonous or deleterious substances which may
render meat or meat products or poultry or poultry products from such
animals or poultry injurious to health; except in case the quantity of such
substances in such animals does not ordinarily render meat or meat products
or poultry or poultry products from such animals injurious to health.The Department or its duly authorized agent shall investigate or cause
to be investigated all cases where it has reason to believe that animals
intended for human consumption are contaminated with any poisonous or
deleterious substance which may render them unfit for human consumption.The Department or its duly designated agent in performing the duties
vested in it under this Act is empowered to enter any premises, barns,
stables, sheds, or other places for the purposes of administering this Act.The Department may allow the sale or transfer of animals under
quarantine or restriction subject to reasonable rules and regulations as
may be prescribed.For the purposes of this Act, the term "Animal" means cattle, calves,
sheep, swine, 
goats, poultry and any other
animal which can be or may be used in and for meat or poultry or their
products for human consumption.
					(Source: P.A. 95-2, eff. 5-24-07.) (410 ILCS 605/2.2) (from Ch. 8, par. 107.2)Sec. 2.2. 
		
		
		The Department of Agriculture shall promulgate reasonable rules and
regulations concerning quarantine and restriction measures and for the
enforcement of this Act.
		(Source: P.A. 77-2117.) (410 ILCS 605/3) (from Ch. 8, par. 108)Sec. 3. 
		
		
		Any person, firm or corporation who shall, in any manner, fail, neglect
or refuse to comply with any provision in this Act, or any rule or
regulation promulgated hereunder, shall be guilty of a Class A misdemeanor.
Each day's violation constitutes a separate offense.
		(Source: P.A. 78-255.)
(410 ILCS 607/1)Sec. 1. Short title. This Act may be cited as the Asthma Inhalers at Recreational Camps Act.
(Source: P.A. 94-670, eff. 8-23-05.) (410 ILCS 607/5)Sec. 5. Definitions.  In this Act:"Recreational camp" means any place set apart for recreational purposes for boys and girls.  "Recreational camp" shall not apply to private camps owned or leased for individual or family use, or to any camp operated for a period of less than 10 days in a year.

(Source: P.A. 94-670, eff. 8-23-05.) (410 ILCS 607/10)Sec. 10. Possession, self-administration, and use of epinephrine auto-injectors or inhalers at recreation camps.(a) A recreation camp shall permit a child with severe, potentially life-threatening allergies to possess, self-administer, and use an epinephrine auto-injector or inhaler, if the following conditions are satisfied:(1) The child has the written approval of his or her     parent or guardian.(2) The recreational camp administrator or, if a     nurse is assigned to the camp, the nurse shall receive copies of the written approvals required under paragraph (1) of subsection (a) of this Section.(3) The child's parent or guardian shall submit     written verification confirming that the child has the knowledge and skills to safely possess, self-administer, and use an epinephrine auto-injector or inhaler in a camp setting.(b) The child's parent or guardian shall provide the camp with the following information:(1) the child's name;(2) the name, route, and dosage of medication;(3) the frequency and time of medication     administration or assistance;(4) the date of the order;(5) a diagnosis and any other medical conditions     requiring medications, if not a violation of confidentiality or if not contrary to the request of the parent or guardian to keep  confidential;(6) specific recommendations for administration;(7) any special side effects, contraindications, and     adverse reactions to be observed;(8) the name of each required medication; and(9) any severe adverse reactions that may occur to     another child, for whom the epinephrine auto-injector or inhaler is not prescribed, should the other child receive a dose of the medication.(c) If the conditions of this Act are satisfied, the child may possess, self-administer,  and use an epinephrine auto-injector or inhaler at the camp or at any camp-sponsored activity, event, or program.(d) The recreational camp must inform the parents or guardians of the child, in writing, that the recreational camp and its employees and agents are to incur no liability, except for willful and wanton conduct, as a result of any injury arising from the self-administration of medication to the child.  The parents or guardians of the child must sign a statement acknowledging that the recreational camp is to incur no liability, except for willful and wanton conduct, as a result of any injury arising from the self-administration of medication by the child and that the parents or guardians must indemnify and hold harmless the recreational camp and its employees and agents against any claims, except a claim based on willful and wanton conduct, arising out of the self-administration of medication by the child.
(Source: P.A. 94-670, eff. 8-23-05.) (410 ILCS 607/99)Sec. 99. Effective date. This Act takes effect upon becoming law.  
(Source: P.A. 94-670, eff. 8-23-05.)
(410 ILCS 610/0.01) (from Ch. 5, par. 42.9)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Butter and Cheese Factories Act.
		(Source: P.A. 86-1324.) (410 ILCS 610/1) (from Ch. 5, par. 43)Sec. 1. 
		
		It shall be unlawful for any person or
persons, company or corporation, within this State, to operate, carry on,
or conduct the business of manufacturing butter or cheese, on the
co-operative or dividend plan, until such person or persons, company or
corporation, shall have filed with the circuit clerk, or recorder
of the county in which it is proposed to carry on such business, a good and
sufficient bond, to be approved by such circuit clerk, or recorder, in the
penal sum of$6,000, with one or more
good sureties, conditioned that such person or persons, company or
corporation, proposing to carry on such business, will, on or before the
first day of each month, make, acknowledge, subscribe and swear to a report
in writing, showing the amount of products manufactured, the amount sold,
the prices received therefor, and the dividends earned and declared for the
third month preceding the month in which such report is made; and will file
a copy of such report with the clerk of the town or precinct in which such
factory is located; and will also keep publicly posted in a conspicuous
place in such factory a copy of such report for the inspection of the
patrons thereof, and that such dividends shall be promptly paid to the
persons entitled thereto.
		(Source: P.A. 83-358.) (410 ILCS 610/2) (from Ch. 5, par. 44)Sec. 2. 
		
		Such bond shall be in favor of the People of the
State of Illinois, and shall be for the benefit and protection of all
patrons of such factory; and a civil action may be had thereon by any
person or persons injured by a breach of the conditions thereof, for the
use of the person or persons interested, for all damages sustained by them.
		(Source: P.A. 84-551.) (410 ILCS 610/3) (from Ch. 5, par. 45)Sec. 3. 
		
		Such bond shall be recorded by the circuit clerk, or recorder, with
whom the same is filed; and all such reports so filed with any town or
precinct clerk, shall be preserved by him and held subject to the
inspection of any person or persons interested.
		(Source: Laws 1883, p. 54.) (410 ILCS 610/4) (from Ch. 5, par. 46)Sec. 4. 
		
		
		Any person who shall wilfully violate any provisions of this Act, shall
be guilty of a Class B misdemeanor.
		(Source: P.A. 77-2484.)
(410 ILCS 615/1) (from Ch. 56 1/2, par. 55-1)Sec. 1. 
		
		This Act may be cited as the  Illinois Egg and Egg Products Act.
		(Source: P.A. 86-1475.) (410 ILCS 615/2) (from Ch. 56 1/2, par. 55-2)Sec. 2. 
		
		It is hereby declared to be the policy of the
General Assembly to provide for the inspection of eggs and egg products,
place restrictions upon the disposition of certain qualities of eggs,
and provide uniformity of standards for eggs, and otherwise regulate
the processing, handling, labeling, and distribution of eggs
and egg products as hereinafter prescribed to prevent the movement or
sale for human food of eggs and egg products which are adulterated or
misbranded or otherwise in violation of this Act, and to cooperate
with the Federal Government, the several states, and other people to
effectively carry out the mandate of this Act.
		(Source: P.A. 79-678.) (410 ILCS 615/3) (from Ch. 56 1/2, par. 55-3)Sec. 3. 
		Definitions. 
		For the purpose of this Act, unless the
context otherwise requires, the terms specified in Sections 3.1 through
3.36 have the meanings assigned to them in those Sections.
		(Source: P.A. 79-678.) (410 ILCS 615/3.1) (from Ch. 56 1/2, par. 55-3.1)Sec. 3.1. 
		
		"Adulterated" means any egg or egg product under one
or more of the following circumstances:(a) If it bears or contains any poisonous or deleterious substance
that may render it injurious to health; but in case the substance
is not an
added substance, the article shall not be considered adulterated
under
this clause if the quantity of the substance in or on the article does
not ordinarily render it injurious to health.(b) If it bears or contains any added poisonous or added deleterious
substance (other than one which is (i) a pesticide chemical in or on a raw
agricultural commodity; (ii) a food additive; or (iii) a color additive)
that
may, in the judgment of the Director, make the article unfit for
human food.(c) If it is, in whole or in part, a raw agricultural commodity and
it bears or contains a pesticide chemical that is unsafe within
the meaning of Section 408 of the Federal Food, Drug and Cosmetic Act.(d) If it bears or contains any food additive that is unsafe
within
the meaning of Section 409 of the Federal Food, Drug and Cosmetic Act.(e) If it bears or contains any color additive that is unsafe
within
the meaning of Section 706 of the Federal Food, Drug, and Cosmetic Act.
However,
an article that is not otherwise deemed adulterated under
subparagraph (c), (d),
or (e) shall nevertheless be deemed adulterated if use of the pesticide
chemical,
food additive, or color additive, in or on the article, is
prohibited by
regulations of the Director in official plants.(f) If it consists in whole or in part of any filthy, putrid, or decomposed
substance, or if it is otherwise unfit for human food.(g) If it has been prepared, packaged, or held under unsanitary conditions
whereby it may have become contaminated with filth, or whereby it may have been
rendered injurious to health.(h) If it is an egg that has been subjected to incubation or
the product
of any egg that has been subjected to incubation.(i) If its container is composed, in whole or in part, of any poisonous or
deleterious substance that may render the contents injurious to
health.(j) If it has been intentionally subjected to radiation, unless the use of
the radiation was in conformity with a regulation or exemption in effect
under
Section 409 of the Federal Food, Drug and Cosmetic Act.(k) If any valuable constituent has been, in whole or in part,
omitted or
abstracted from the egg or egg product; or if any substance
has been substituted, wholly or in
part for the egg or egg product; or if damage or inferiority has been concealed in any manner; or
if any
substance has been added to the egg or egg product or mixed or
packed with the egg or egg product so as to increase its
bulk or weight, or reduce its quality or strength, or make it appear better or
of
greater value than it is.(l) If the egg is processed in a manner that does not allow the
examination of the content of the individual egg and allows the egg content
to commingle with the egg shell or shell membrane during processing.
		(Source: P.A. 89-154, eff. 7-19-95.) (410 ILCS 615/3.2) (from Ch. 56 1/2, par. 55-3.2)Sec. 3.2. 
		
		"Broker" means any person who arranges the transfer or
ownership of eggs or egg products from one person to another and who may or may not
take possession of such eggs or egg products in the process.
		(Source: P.A. 79-678.) (410 ILCS 615/3.3) (from Ch. 56 1/2, par. 55-3.3)Sec. 3.3. 
		
		"Candling" means the careful examination, in an adequately
dark room or place, of the whole egg by means of a strong light, the apparatus and
method employed to be such as shall be approved by the said Department.
		(Source: P.A. 79-678.) (410 ILCS 615/3.4) (from Ch. 56 1/2, par. 55-3.4)Sec. 3.4. 
		
		"Check" means an egg that has a broken shell or crack in the
shell but has its membranes intact and contents not leaking.
		(Source: P.A. 79-678.) (410 ILCS 615/3.5) (from Ch. 56 1/2, par. 55-3.5)Sec. 3.5. 
		
		"Clean and sound shell egg" means any egg whose shell is
free of adhering dirt or foreign material and is not cracked or broken.
		(Source: P.A. 79-678.) (410 ILCS 615/3.6) (from Ch. 56 1/2, par. 55-3.6)Sec. 3.6. 
		
		"Consumer" means any person who acquires eggs for consumption
by members of his own household, nonpaying guests and employees, and not for resale.
		(Source: P.A. 79-678.) (410 ILCS 615/3.7) (from Ch. 56 1/2, par. 55-3.7)Sec. 3.7. 
		
		"Consumer-size container" means any case, carton, sleeve,
or other container approved by the Department which is used to market eggs to consumers.
		(Source: P.A. 79-678.) (410 ILCS 615/3.8) (from Ch. 56 1/2, par. 55-3.8)Sec. 3.8. 
		
		"Department" means the Department of Agriculture of the
State of Illinois.
		(Source: P.A. 79-678.) (410 ILCS 615/3.9) (from Ch. 56 1/2, par. 55-3.9)Sec. 3.9. 
		
		"Director" means the Director of the Department of Agriculture
of the State of Illinois.
		(Source: P.A. 79-678.) (410 ILCS 615/3.10) (from Ch. 56 1/2, par. 55-3.10)Sec. 3.10. 
		
		"Dirty egg" means an egg that has a shell that is unbroken
and has adhering dirt or foreign material, or prominent stains on the shell surface,
or moderate stains covering more than 1/4 of the shell surface.
		(Source: P.A. 79-678.) (410 ILCS 615/3.11) (from Ch. 56 1/2, par. 55-3.11)Sec. 3.11. 
		
		"Distributor" means any person who sells eggs to retailers
or institutional consumers and shall include any person distributing eggs to his or
to its own retail outlets or stores, but not including any person only engaged in
the hauling or transporting of eggs.
		(Source: P.A. 79-678.) (410 ILCS 615/3.12) (from Ch. 56 1/2, par. 55-3.12)Sec. 3.12. 
		
		"Egg products" means any liquid, frozen, or dried eggs,
with or without added ingredients, excepting products which contain
eggs only in a relatively small proportion or historically have not been, in
the
judgment of the Director, considered by consumers as products of the egg
industry, and which may be exempted by the Director under conditions he may
prescribe to assure that the egg ingredients are not adulterated and the
products
are not adulterated and the products are not represented as egg
products.
		(Source: P.A. 89-154, eff. 7-19-95.) (410 ILCS 615/3.13) (from Ch. 56 1/2, par. 55-3.13)Sec. 3.13. 
		
		"Eggs" means the shell eggs of the domesticated chicken,
turkey, duck, goose, or guinea.
		(Source: P.A. 79-678.) (410 ILCS 615/3.14) (from Ch. 56 1/2, par. 55-3.14)Sec. 3.14. 
		
		"Facilities" means any room or place, compartment, refrigerator,
or vehicle used in handling eggs in any manner.
		(Source: P.A. 79-678.) (410 ILCS 615/3.15) (from Ch. 56 1/2, par. 55-3.15)Sec. 3.15. 
		
		"Graded egg" means an egg which is classified in accordance
with the standards established by the Department, taking into consideration the size
or weight, quality factors (interior and exterior) including condition of white and
yolk, the size and condition of the air cell and cleanliness and soundness of shell.
		(Source: P.A. 79-678.) (410 ILCS 615/3.16) (from Ch. 56 1/2, par. 55-3.16)Sec. 3.16. 
		
		"Handler" means any person including a producer-dealer engaged
in the business of distributing or processing eggs or egg products and may
include
the receiving, assembling, cleaning, grading, sorting, candling, packing, or
otherwise preparing for market and selling of the eggs and egg
products, or
otherwise using any eggs in the preparation of human food.
		(Source: P.A. 89-154, eff. 7-19-95.) (410 ILCS 615/3.16a)Sec. 3.16a. 
		
		"Hazardous-disease-infected flock" means a flock of chickens
that has
been found to be infected with salmonella or another poultry disease that may
be injurious to the health of humans.
		(Source: P.A. 89-154, eff. 7-19-95.) (410 ILCS 615/3.17) (from Ch. 56 1/2, par. 55-3.17)Sec. 3.17. 
		"Inedible egg" means any egg of the following description: 
		black rot, yellow rot, white rot, mixed rot (addled egg), sour egg, egg with
a green white, egg with a stuck yolk, moldy egg, musty egg, egg showing a blood
ring, and an egg containing any embryo chick (at or beyond the blood ring
stage),
and any egg that is adulterated as that term is defined pursuant
to the Federal
Food, Drug and Cosmetic Act.
		(Source: P.A. 89-154, eff. 7-19-95.) (410 ILCS 615/3.18) (from Ch. 56 1/2, par. 55-3.18)Sec. 3.18. 
		
		"Inspector" means any employee or official authorized
to inspect eggs or egg products and to enforce other regulatory measures
necessary to effectively carry out the mandate of this Act.
		(Source: P.A. 79-678.) (410 ILCS 615/3.19) (from Ch. 56 1/2, par. 55-3.19)Sec. 3.19. 
		
		"Institutional consumer" means any restaurant, hotel, boarding
house, hospital, nursing home, government institution, or any other business
facility or place in which eggs are prepared or offered as food for use by its
patrons, residents, inmates, or patients.
		(Source: P.A. 79-678.) (410 ILCS 615/3.20) (from Ch. 56 1/2, par. 55-3.20)Sec. 3.20. 
		
		"Leaker" means an egg that has a crack or break
in the shell and shell membranes to the extent that the egg contents are
exposed or are exuding or free to exude through the shell.
		(Source: P.A. 79-678.) (410 ILCS 615/3.21) (from Ch. 56 1/2, par. 55-3.21)Sec. 3.21. 
		
		"Loss" means an egg that is unfit for human food
because it is smashed or broken so that its contents are leaking;
or overheated, frozen, or contaminated; or an incubator reject;
or because it contains a bloody white, large meat spots, a large
quantity of blood, or other foreign material.
		(Source: P.A. 79-678.) (410 ILCS 615/3.21a)Sec. 3.21a. "Lot consolidation" means the removal of damaged eggs from consumer labeled cartons and replacement of the damaged eggs with eggs of the same grade, size, sell-by date, brand, lot, and source.
(Source: P.A. 99-732, eff. 1-1-17.) (410 ILCS 615/3.22) (from Ch. 56 1/2, par. 55-3.22)Sec. 3.22. 
		
		"Master container" means any type of box or case
made of plastic, wire, cardboard, or other suitable material, used
to distribute consumer-size containers
to retailers or institutional consumers
or bulk (loose) eggs
to institutional consumers.
		(Source: P.A. 79-678.) (410 ILCS 615/3.23) (from Ch. 56 1/2, par. 55-3.23)Sec. 3.23. 
		
		"Nest run eggs" means eggs which are packed as they come from
the production facilities without having been washed, sized, or candled
for quality, with the exception that some checks, dirties or other obvious
undergrades may have been removed. 
		(Source: P.A. 79-1415.) (410 ILCS 615/3.24) (from Ch. 56 1/2, par. 55-3.24)Sec. 3.24. 
		
		"Official plant" means any establishment at which
inspection of the processing of egg products is maintained by the
Department under the authority of this Act or by the United States Department
of Agriculture under authority of the Federal Egg Products Inspection Act.
		(Source: P.A. 79-678.) (410 ILCS 615/3.25) (from Ch. 56 1/2, par. 55-3.25)Sec. 3.25. 
		
		"Packer" means any person who grades, sizes, candles,
and packs eggs for purpose of resale.
		(Source: P.A. 79-678.) (410 ILCS 615/3.26) (from Ch. 56 1/2, par. 55-3.26)Sec. 3.26. 
		
		"Person" means and includes any individual, partnership,
firm, corporation, producer, exchange, association, trustee, receiver, or
any other entity and any member officer, employee, or agent thereof.
		(Source: P.A. 79-678.) (410 ILCS 615/3.27) (from Ch. 56 1/2, par. 55-3.27)Sec. 3.27. 
		
		"Processing" means manufacturing egg products, including
breaking eggs or filtering, mixing, blending, pasteurizing, stabilizing,
cooling, freezing, drying, or packaging egg products.
		(Source: P.A. 79-678.) (410 ILCS 615/3.28) (from Ch. 56 1/2, par. 55-3.28)Sec. 3.28. 
		
		"Producer" means a person who feeds and houses any number of
chickens, turkeys, ducks, geese, or guineas and obtains eggs therefrom, but shall not
include any person who obtains eggs during the hauling, transporting, holding for
slaughter, or eviscerating of such chickens, turkeys, ducks, geese, or guineas.
		(Source: P.A. 79-678.) (410 ILCS 615/3.29) (from Ch. 56 1/2, par. 55-3.29)Sec. 3.29. 
		
		"Producer-dealer" means a producer who candles and grades eggs of his
own production or additional eggs other than his own production to sell on or off the
premises to household consumers, institutional consumers, distributors,
manufacturers, or retailers.
		(Source: P.A. 79-678.) (410 ILCS 615/3.30) (from Ch. 56 1/2, par. 55-3.30)Sec. 3.30. 
		
		"Restricted egg" means any check, dirty egg,
incubator reject, inedible, leaker, or loss.
		(Source: P.A. 79-678.) (410 ILCS 615/3.31) (from Ch. 56 1/2, par. 55-3.31)Sec. 3.31. 
		
		"Retailer" means a person who buys candled and graded
eggs or egg products from a licensed manufacturer, licensed
handler, or licensed distributor for resale to a consumer only,
or who buys candled or graded eggs or egg products to use in the preparation
of other consumer foods for resale.
		(Source: P.A. 79-678.) (410 ILCS 615/3.32) (from Ch. 56 1/2, par. 55-3.32)Sec. 3.32. 
		
		"Sell" means offer for sale, expose for sale, have in
possession for sale, barter, trade, distribute, market, or traffic in eggs
in any manner.
		(Source: P.A. 79-678.) (410 ILCS 615/3.33) (from Ch. 56 1/2, par. 55-3.33)Sec. 3.33. 
		
		"Shell treated egg" means that the shell has been
treated with oil or other approved preservative preparation.
		(Source: P.A. 79-678.) (410 ILCS 615/3.34) (from Ch. 56 1/2, par. 55-3.34)Sec. 3.34. 
		"State" means the State of Illinois. 
		(Source: P.A. 79-678.) (410 ILCS 615/3.35) (from Ch. 56 1/2, par. 55-3.35)Sec. 3.35. 
		
		"Federal Food, Drug, and Cosmetic Act"
means the Act approved June 25, 1938 (52 Stat.1040), as amended.
		(Source: P.A. 79-678.) (410 ILCS 615/3.36) (from Ch. 56 1/2, par. 55-3.36)Sec. 3.36. 
		
		"Egg Products Inspection Act" means the
federal Act approved December 29, 1970 (84 Stat. 1621), as amended.
		(Source: P.A. 79-678.) (410 ILCS 615/4) (from Ch. 56 1/2, par. 55-4)Sec. 4. 
		Sale of unfit eggs or egg products. 
		No person shall sell or
offer for sale eggs or egg
products for human consumption that are unfit for human food.  For the
purpose of this Act, an egg or egg product is unfit for human food if it
is classified as an inedible egg or loss egg or, in the case of an egg
product,
it is adulterated, unwholesome, non-inspected, or otherwise unfit for human
consumption.  Eggs from a hazardous-disease-infected flock shall be diverted
to egg breaking plants for pasteurization only.
		(Source: P.A. 89-154, eff. 7-19-95.) (410 ILCS 615/5) (from Ch. 56 1/2, par. 55-5)Sec. 5. 
		
		The Department, after investigation and public hearing,
shall establish standards for grading and classification of shell eggs
according to the size or weight, quality factors (interior and exterior)
including condition of white and yolk, the size and condition of the air
cell and cleanliness and soundness of shell. In establishing these
standards, the Department may follow the standards promulgated by the
United States Department of Agriculture and may, after investigation and
public hearing, amend the Illinois standards from time to time so that the
federal specifications can be followed consistently if so desired. Copies
of any standards so established, or any amendment thereof, shall be
kept on file in the office of the Director.The Department shall promulgate a regulation providing that when
eggs are purchased on a basis of grade yield, a uniform type of report
shall be issued to the producer by the purchaser showing grade yield of
eggs that have been purchased from the producer.
		(Source: P.A. 89-154, eff. 7-19-95.) (410 ILCS 615/6) (from Ch. 56 1/2, par. 55-6)Sec. 6. Candling; labeling; sales by producers; retail sales; temperature
requirements.   All eggs sold at retail or purchased by institutional
consumers must be candled for quality and graded for size.A producer may sell on his own premises where eggs are produced,
direct to household consumers, for the consumer's personal use and
that consumer's
non-paying guests, nest run eggs
without candling
or grading those eggs.All eggs designated for sale off the premises where the entire flock is located,
such as at farmers' markets, and at retail or for institutional use must be
candled and graded and
held in a place or room in which the temperature may not exceed 45 degrees
Fahrenheit after processing. Nest run eggs must be held and transported at or below 45 degrees Fahrenheit ambient temperature beginning 36 hours after the time of lay.Hatcheries buying eggs for hatching purposes from producers under
contract may sell their surplus eggs to a licensed packer or handler
provided that the hatchery shall keep records which indicate the
number
of cases sold, the date of sale and the name and address of the packer
or handler making the purchase.All eggs candled or candled and graded outside the State must meet
Federal standards before they can be sold or offered for sale in the
State.  No eggs may be offered for sale for consumer use 45 days or more after the date of candling.Each container of eggs offered for sale or sold at wholesale or retail
must be
labeled in accordance with the standards established by the Department
showing grade, size, packer identification, and candling date,
and must be labeled with an
expiration date, or other similar language as specified by USDA standards,
that is
not later than 45 days from the candling date
for
grade A eggs and not later than 30 days after the candling date for grade AA
eggs.The grade and size of eggs must be conspicuously marked in bold  face
type on all consumer-size containers.The size and height of lettering or numbering requirement shall be
set by regulation and shall conform as near as possible to those
required by Federal law.All advertising of shell eggs for sale at retail for a stated price
shall contain the grade and size of the eggs.  The information
contained in such advertising shall not be misleading or deceptive.
In cases of food-borne disease outbreaks in which eggs are identified as the
source of the disease, all eggs from the flocks from which those
disease-causing eggs came shall be identified with a producer identification or
flock code number to control the movement of those eggs.
(Source: P.A. 101-158, eff. 7-26-19.) (410 ILCS 615/7) (from Ch. 56 1/2, par. 55-7)Sec. 7. 
		
		No person, other than those who sell only eggs produced by
their own flocks, shall sell, offer for sale or advertise for sale as
"fresh eggs", or under any words of similar import such as "new laid
eggs", "hennery eggs", or "strictly fresh eggs", any shell eggs which do
not meet the minimum requirements of Grade A prescribed by Department standards
for
shell eggs.Any person buying eggs from a producer on grade or representing to
buy eggs from a producer on grade shall grade those eggs on the
standards established by the Department. Any misgrading for the purpose
of fraud in grading eggs purchased from a producer shall be punished as
provided in Section 18 of this Act.
		(Source: P.A. 89-154, eff. 7-19-95.) (410 ILCS 615/8) (from Ch. 56 1/2, par. 55-8)Sec. 8. 
		
		Any person or business who buys, sells, trades, or traffics in
eggs in this State and is a broker, distributor, handler, packer, producer, or
producer-dealer, as defined in this Act, must be licensed in this State. A
limited or full license must be purchased annually. No person or business
shall buy,
sell,
trade,
or traffic in
eggs in this State without having obtained a license as
provided in Section 9, except the following:(a) a producer who obtains eggs from his own flock,     regardless of the size of the flock, and sells them as nest run eggs, either to household consumers on the premises where the flock is located, or to a holder of an  Illinois Egg License;(b) hatcheries which purchase eggs to be used     exclusively for hatching purposes;(c) institutional consumers where all eggs purchased     are served in the establishment;(d) manufacturers of food products who use all eggs     purchased in their products such as bakeries, confectioneries, and ice cream manufacturers, etc.;(e) agents employed and carried on the payroll on a     salary  basis by licensed dealers or distributors;(f) a consumer buying eggs for his own consumption;(g) a retailer who buys eggs from licensed     distributors or from licensed handlers only and sells eggs only at retail.		(Source: P.A. 92-677, eff. 7-16-02.) (410 ILCS 615/9) (from Ch. 56 1/2, par. 55-9)Sec. 9. Licenses; fees. The Department shall issue a license to any
person upon
receipt and approval of a proper application and the required nonrefundable fee.  The
license fee and classification of the license shall be established by
rule.A license must be obtained for each separate business location and
this license shall be posted in a conspicuous place at the
location for
which it was purchased. Licenses are non-transferable.The application for an initial license may be filed at any time prior to
beginning business as an egg handler.  The licensing year for an egg license
shall be July 1 through June 30.  The egg license shall expire at the end of
the licensing year.A penalty of $50 shall be assessed for any renewal license not renewed by July 1 of the year in which the license renewal is due. This penalty shall be assessed in addition to the license fee. 

(Source: P.A. 98-345, eff. 8-13-13.) (410 ILCS 615/10) (from Ch. 56 1/2, par. 55-10)Sec. 10. Inspection fee. The Director shall
set, by
regulation, a per case inspection fee which shall
cover
the administrative and inspection costs of the program required by the
Act.  In no case shall the rate exceed 11 per each 30 dozen eggs or
fraction thereof.The inspection fee as set shall be imposed upon eggs bearing a
designated size and grade sold or offered for sale in Illinois.  The first
handler in Illinois who packed and sold the eggs must pay the prescribed
inspection fee on those eggs. If eggs are shipped into Illinois, the
handler who invoiced the eggs to Illinois must pay the fee. When
the
handler sells the eggs,
the inspection fee shall be charged in addition to the sale price of the eggs
and shall be remitted to the seller by the purchaser.
Each sales
invoice shall indicate the amount of inspection fee for the transaction.
Eggs sold and shipped out of the State of Illinois by Illinois packers
are exempt from the inspection fee.The inspection fee shall be paid only once on the same quantity
of
eggs so long as those eggs maintain their identity by remaining in
their
original case, carton or package.
All inspection fees shall be paid
into the "Agricultural Master Fund" to the credit of a special account
designated as the "Auxiliary Egg Inspection Fund".   All amounts credited to
the
"Auxiliary Egg Inspection Fund" shall be used for the enforcement of the
provisions of this Act.  The method and manner of collecting the inspection
fee levied, whether it be by the use of stamps, monthly reporting and
collecting from dealers or any other method shall be prescribed by the
Director of Agriculture, pursuant to rules and regulations adopted for
this purpose as authorized under the provisions of this Act.
(Source: P.A. 96-1310, eff. 7-27-10.) (410 ILCS 615/11.1) (from Ch. 56 1/2, par. 55-11.1)Sec. 11.1. 
		(Repealed). 
		(Source: P.A. 80-522. Repealed by P.A. 89-154, eff. 7-19-95.) (410 ILCS 615/11.2) (from Ch. 56 1/2, par. 55-11.2)Sec. 11.2. 
		(Repealed). 
		(Source: P.A. 80-522. Repealed by P.A. 89-154, eff. 7-19-95.) (410 ILCS 615/11.3) (from Ch. 56 1/2, par. 55-11.3)Sec. 11.3. 
		(Repealed). 
		(Source: P.A. 79-1415. Repealed by P.A. 89-154, eff. 7-19-95.) (410 ILCS 615/11.4) (from Ch. 56 1/2, par. 55-11.4)Sec. 11.4. 
		(Repealed). 
		(Source: P.A. 79-678. Repealed by P.A. 89-154, eff. 7-19-95.) (410 ILCS 615/11.5) (from Ch. 56 1/2, par. 55-11.5)Sec. 11.5. 
		Investigation; notice; hearing. 
		The Department may, upon its
own motion or upon
the complaint in writing of any person setting forth facts which
if
proved would constitute grounds for refusal to issue or renew a license
or suspension or revocation of a
license
under this Act, investigate the actions of any applicant or any person or
persons
applying for, holding, or claiming to hold a license.The Department, before refusing to issue or
renew or
before suspending or revoking a license shall set a date for a
hearing thereon. At least 10 days prior to the date set for the hearing,
the Department shall notify in writing the applicant for or holder of a license
of the date, time, and place of the hearing. Written notice may be served by
personal service or by mailing the same by registered
or certified mail.  The Director may, after a hearing, issue an order to
either issue, renew, suspend, or revoke the license.
		(Source: P.A. 89-154, eff. 7-19-95.) (410 ILCS 615/12) (from Ch. 56 1/2, par. 55-12)Sec. 12. 
		
		Each producer-dealer, packer, handler or distributor who
sells candled and graded eggs to any retailer, institutional consumer,
bakery, or concern which purchases eggs for serving to guests or patrons
thereof or for its use in preparation of any food products for human
consumption, shall furnish the purchaser with an invoice
or other accounting document
covering each sale,
showing the exact grade and size of the eggs purchased.The handler selling and the purchaser shall each be able to produce a copy
of said invoice or other accounting document at his place of business for a
period of
30 days, during which time the copy shall be available for inspection
during reasonable business hours by a representative of the Department.
		(Source: P.A. 89-154, eff. 7-19-95.) (410 ILCS 615/13) (from Ch. 56 1/2, par. 55-13)Sec. 13. 
		
		The Director shall make rules and regulations
necessary for the effective administration of this Act.  These
rules and
regulations shall conform as near as possible but need not be limited
by rules and regulations established by federal law in
the Egg Products Inspection Act, governing the inspection of eggs.The Director is hereby authorized to cooperate with all other agencies,
Federal, State and municipal, in order to carry out the effective
administration
of this Act and to establish a trust fund in the appropriate State agencies
for receipt and disbursement of cooperative funds from the Federal Government.
		(Source: P.A. 89-154, eff. 7-19-95.) (410 ILCS 615/14.1) (from Ch. 56 1/2, par. 55-14.1)Sec. 14.1. 
		(Repealed). 
		(Source: P.A. 79-678. Repealed by P.A. 89-154, eff. 7-19-95.) (410 ILCS 615/14.2) (from Ch. 56 1/2, par. 55-14.2)Sec. 14.2. 
For the purpose of carrying out the provisions of this Act
and the rules and regulations promulgated thereunder, the Department through
its
authorized inspectors or agents is empowered:(a) To enter on any business day during the usual     hours of business, any place or conveyance within the State where eggs are produced, candled, incubated, stored, packed, delivered for shipment, loaded, shipped, transported or sold.(b) To enter on any business day during the usual     hours of business, with or without the presence of the owner, manager, or other responsible person, any restaurant kitchen or the kitchen and food storage area of any other public eating place including but not limited to hotels, boarding houses, hospitals, nursing homes, government institutions, or any other business facility or place in which eggs or egg products are stored, prepared, or offered as food for use by its patrons, residents, inmates, or patients.(c) To enter on any business day during the usual     hours of business the cooking or food preparation area of any bakery where eggs and egg products are used in the manufacture of bakery products, with or without the presence of the owner or persons employed as bakers, or to enter at any time while those bakery products are being prepared.(d) To sample any eggs or egg products for analysis     or testing.  Sample eggs or egg products shall be furnished at no cost to the Department.(e) To inspect all invoices, eggs and egg products,     and the cases and containers for eggs or egg products and the equipment found in the places or conveyances described in paragraph (a) and to seize and hold as evidence an advertisement, sign, placard, invoice, case or container of eggs or egg products, or all or any part of any pack, load, lot, consignment, or shipment of eggs or egg products packed, stored, delivered for shipment, loaded, shipped, transported, or sold in violation of any provision of this Act.(f) To seize and hold any case or container of eggs     or egg products from any person or business who is not licensed under Section 8 of this Act and is required to be licensed.Possession of a commodity described in this Section by any person engaged in the sale of that commodity is prima facie evidence that the commodity is for sale. (Source: P.A. 96-1310, eff. 7-27-10.) (410 ILCS 615/14.3) (from Ch. 56 1/2, par. 55-14.3)Sec. 14.3. 
		(Repealed). 
		(Source: P.A. 79-678. Repealed by P.A. 89-154, eff. 7-19-95.) (410 ILCS 615/15) (from Ch. 56 1/2, par. 55-15)Sec. 15. Samples; packing methods.(a) The Department shall prescribe
methods in conformity
with the United States Department of Agriculture specifications for selecting
samples of lots, cases or containers of eggs or egg products which shall be
reasonably calculated to produce fair representations of the entire lots or
cases and containers sampled. Any sample taken shall be prima facie evidence
in any court in this State of the true condition of the entire lot, case
or container of eggs or egg products in the examination of which the sample
was taken.It shall be unlawful for any handler or retailer to pack eggs into
consumer-size
containers other than during the original candling and grading operations
unless the retailer performs a lot consolidation.(b) A retailer that wishes to consolidate eggs shall implement and administer a training program for employees that will perform the consolidation as part of their duties.  The program shall include, but not be limited to, the following:(1) laws governing egg lot consolidation:(A) same lot code;(B) same source;(C) same sell-by date;(D) same grade;(E) same size;(F) same brand;(2) temperature requirements;(3) egg is a hazardous food (FDA Guidelines);(4) sanitation;(5) egg quality (USDA guidelines);(6) original packaging requirements (replacement     cartons shall not be utilized); and(7) record keeping requirements.(c) Training shall be conducted annually and may be conducted by any means available, including, but not limited to, online, computer, classroom, live trainers, and remote trainers.(d) A copy of the training material must be made available upon request from the Department. A copy of the training material may be kept electronically.(e) Eggs shall be consolidated in a manner consistent with training materials required by subsection (b).(f) Each store shall maintain a record of each egg carton consolidated. The records shall be maintained by the store at the physical location the eggs were consolidated at for a period not less than one year past the last sell-by date on the cartons consolidated. The records must be available for inspection upon request from the Department. The records may be kept electronically.Each lot consolidation shall be documented. The information documented shall include, but not be limited to, the following:(1) date of consolidation;(2) brand;(3) egg size;(4) distributor;(5) USDA plant number;(6) grade; and(7) best-by (sell-by/use-by) date.(g) An Illinois-based egg producer or Illinois-based egg producer-dealer may prohibit its brands from being included in an egg lot consolidation program. Any Illinois-based egg producer or Illinois-based egg producer-dealer that chooses to prohibit its brands from being included in an egg lot consolidation program shall notify a retailer in writing before entering into an agreement to distribute its eggs to the retailer.  Producers or producer-dealers with agreements entered into prior to January 1, 2017 (the effective date of Public Act 99-732) shall have 90 days after January 1, 2017 (the effective date of Public Act 99-732) to notify retailers in writing of their choice to prohibit consolidation of their egg brands.Upon notification from an Illinois-based producer or Illinois-based producer dealer, a retailer shall not consolidate those brands. (Source: P.A. 99-732, eff. 1-1-17; 100-201, eff. 8-18-17.) (410 ILCS 615/16) (from Ch. 56 1/2, par. 55-16)Sec. 16. 
Effective November 1, 1975, no person shall engage in the business
of removing eggs from their shells, in the manufacture of or preparation of
frozen, liquid, desiccated or any other forms of whole eggs, yolks, whites or
any mixture of yolks and whites for food purposes, with or without the addition
of any other wholesome ingredients, without first obtaining an Egg Breaker's
License from the Department.  The Department shall inspect the establishment
and the equipment to be used in the egg breaking establishment and shall
also ascertain if the establishment complies in method, equipment and the rules
and regulations in regard to sanitation, which shall from time to time be
established by the Department to govern these establishments.  If, after such
inspection, it appears that such establishment complies with the provisions of
the rules and regulations in regard to sanitation governing egg breaking
establishments, the Department shall issue an Egg Breaker's License to the
establishment, upon payment of the required fee.  Beginning on November 1, 2010, the license year shall begin on November 1 and expire on June 30, 2011. Thereafter, the license year shall begin on July 1 of each year, and all licenses shall expire on June 30 of the following year.  The license fee shall be $200 for a year or fraction thereof.All liquid, frozen or dried egg products sold or offered for sale
shall be processed under continuous supervision of an inspector of the
Department or the United States Department of Agriculture in an Official
Plant as specified in the Egg Products Inspection Act.
(Source: P.A. 96-1310, eff. 7-27-10.) (410 ILCS 615/16.5)Sec. 16.5. Violations; administrative monetary penalties. The Director is
authorized to hold administrative hearings to determine violations of this Act
or the Department's rules and regulations adopted under this Act.  After
finding that a violation has occurred, the Director may impose administrative
monetary penalties as follows:(1) Against a licensee who sells or offers for sale     non-inspected frozen, liquid, or dried egg products:(A) $500 for a first violation.(B) $1,000 for a second violation within 2 years         after the first violation.(C) $2,000 for a third or subsequent violation         within 2 years after the immediately preceding violation.(2) Against a licensee who makes a false, deceptive,     or misleading statement, representation, or assertion concerning the quality, size, weight, or condition of, or any other matter relating to advertising and selling, eggs and egg products:(A) $200 for a first violation.(B) $500 for a second violation within 2 years         after the first violation.(C) $1,000 for a third or subsequent violation         within 2 years after the immediately preceding violation.(3) Against a licensee who furnishes an invoice,     statement, or bill showing a standard of size, standard of quality, representation of freshness, or any other description of eggs or egg products that is false, deceptive, or misleading in any particular:(A) $200 for a first violation.(B) $500 for a second violation within 2 years         after the first violation.(C) $1,000 for a third or subsequent violation         within 2 years after the immediately preceding violation.(4) Against any person who resists, hinders,     obstructs, or in any way interferes with any officer, inspector, or employee of the Department in the discharge of his or her duties under the provisions of this Act, $300.(5) Against any person who buys, sells, trades, or     barters eggs in this State without having obtained a license, $300.(6) For all other violations:(A) $200 for a first violation.(B) $400 for a second violation within 2 years         after the first violation.(C) $600 for a third or subsequent violation         within 2 years after the immediately preceding violation.(7) Against any person who sells or wholesales eggs,     who has been notified pursuant to the notification provision in this Section, to any person or business not licensed by the Department who buys, sells, trades, or traffics in eggs in this State:(A) $200 for a first violation.(B) $500 for a second violation within 2 years         after the first.(C) $1,000 for a third or subsequent violation         within 2 years after the immediately preceding violation.The Department shall notify any person who sells or wholesales eggs to any person or business not licensed by the Department who buys, sells, trades, or traffics eggs in this State that he or she may not sell, trade, or traffic eggs with the non-licensed person or business.  A copy of the notice shall be either served personally or served by registered or certified mail on the person who sells or wholesales eggs.  Proof of service of the notice shall be made by affidavit of the person making personal service or by the registered or certified mail receipt.A penalty not paid within 60 days after  it is due may be submitted  to the Attorney General's office or an approved private collection agency for collection. (Source: P.A. 98-345, eff. 8-13-13.) (410 ILCS 615/16.6)Sec. 16.6. Violations; penalties. Any person knowingly violating this Act or any rule or order of the Department issued pursuant to this Act shall be guilty of a Class C misdemeanor. Each day of violation constitutes a separate offense.
In the event the person violating this Act or any rule or order issued pursuant to the Act is a corporation or partnership, any officer, director, manager, or managerial agent of the corporation or partnership who violates this Act or causes the corporation or partnership to violate this Act is guilty of a Class C misdemeanor.
(Source: P.A. 98-345, eff. 8-13-13.) (410 ILCS 615/16.7)Sec. 16.7. Suspension and revocation of license.(a) The Director may suspend a license if the Department has reason to believe that any one or more of the following has occurred:(1) A licensee  has made a material misstatement in     an application for an original or renewal license under this Act.(2) A licensee has violated this Act or  any rules     adopted under this Act, and the violation or pattern of violations indicates a danger to public health.(3) A licensee has aided or abetted another in the     violation of this Act or any rule adopted under this Act, and the violation or pattern of violations indicates a danger to public health.(4) A licensee has allowed his or her license to be     used by an unlicensed person.(5) A licensee has been convicted of a felony     violation of this Act or any crime an essential element of  which is misstatement, fraud, or dishonesty.(6) A licensee has made a false, deceptive, or     misleading statement, representation, or assertion concerning the quality, size, weight, or condition of, or any other matter relating to advertising and selling of, eggs and egg products.(7) A licensee has failed  to possess the necessary     qualifications or to meet the requirements of this Act for the issuance or holding of a license.(8) Failure to pay any fine or fee assessed by the     Department within 60 days after the date the fine or fee was levied or otherwise due.(b) Within 10 days after  suspending a person's license, the Department must commence an administrative hearing  to determine whether to reinstate or revoke the license. After the Department schedules the administrative hearing, but no later than  5 days before the scheduled hearing date, the Department shall serve on the licensee  written notice of the date, place, and time of the hearing. The Department may serve this notice by personal service on the licensee or by registered or certified mail, return receipt requested, to the licensee's place of business. After the hearing, the Director shall issue an order either reinstating or revoking  the license. 
(Source: P.A. 98-345, eff. 8-13-13.) (410 ILCS 615/16.9)Sec. 16.9. Termination of application; forfeiture of license fee. Failure of any applicant to meet all of the requirements for compliance within 60 days after receipt of a license application shall result in termination of the application and forfeiture of the license fee.
(Source: P.A. 98-345, eff. 8-13-13.) (410 ILCS 615/17) (from Ch. 56 1/2, par. 55-17)Sec. 17. 
		(Repealed). 
		(Source: P.A. 79-678. Repealed by P.A. 89-154, eff. 7-19-95.) (410 ILCS 615/17.5)Sec. 17.5. 
		Subpoenas. 
		The Director may issue subpoenas, may bring
before the Department any person, and may take testimony either at an
administrative
hearing or by deposition, with witness fees and mileage fees and in the same
manner as prescribed in the Code of Civil Procedure.  The Director may
administer oaths to witnesses at any proceeding that the Department is
authorized by law to conduct.  The Director may issue subpoenas duces tecum to
command the production of any records relating to any person.  Subpoenas are
subject to the rules of the Department.If a person fails to obey a subpoena, the Director or any person who caused
the subpoena to be issued may cause a petition for enforcement of the subpoena
to be filed in the circuit court of the county of residence or principal place
of business of the person who failed or refused to obey the subpoena or in
Sangamon County.  The circuit court has jurisdiction to enforce the subpoena.
		(Source: P.A. 89-154, eff. 7-19-95.) (410 ILCS 615/18) (from Ch. 56 1/2, par. 55-18)Sec. 18. 
		(Repealed). 
		(Source: P.A. 83-1362. Repealed by P.A. 89-154, eff. 7-19-95.) (410 ILCS 615/18.5)Sec. 18.5. 
		Administrative procedure. 
		The Illinois Administrative
Procedure Act and the Department's rules concerning administrative hearings
apply to this Act.
		(Source: P.A. 89-154, eff. 7-19-95.) (410 ILCS 615/19) (from Ch. 56 1/2, par. 55-19)Sec. 19. 
		
		All final
administrative decisions of the Department are subject to judicial review
under Article III of the Code of Civil Procedure and rules adopted
under that Article. The term
"administrative decision" is defined as in Section 3-101 of the Code of Civil
Procedure.
Proceedings for judicial review shall be commenced in the circuit court of
any county permitted by Section 3-104 of the Code of Civil Procedure.
		(Source: P.A. 89-154, eff. 7-19-95.) (410 ILCS 615/20) (from Ch. 56 1/2, par. 55-20)Sec. 20. 
		Deposit of fees and civil penalties. 
		All license fees and
penalties collected under this Act shall be paid
into the Agricultural Master Fund.
		(Source: P.A. 89-154, eff. 7-19-95.) (410 ILCS 615/21) (from Ch. 56 1/2, par. 55-21)Sec. 21. 
		
		The invalidity of any Section or parts of any Section of this Act
or any rule or regulation pursuant thereto shall not affect the validity
of the remainder
of this Act, or any rule or regulation.
		(Source: P.A. 79-678.)
(410 ILCS 620/1) (from Ch. 56 1/2, par. 501)Sec. 1. 
		
		This Act shall be known and may be cited as the Illinois Food, Drug and Cosmetic Act.
		(Source: Laws 1967, p. 959.) (410 ILCS 620/2) (from Ch. 56 1/2, par. 502)Sec. 2. 
		
		In this Act unless the context otherwise requires, the words and
phrases defined in Sections 2.1 through 2.37, have the meanings
set forth therein.
		(Source: P.A. 84-891.) (410 ILCS 620/2.1) (from Ch. 56 1/2, par. 502.1)Sec. 2.1. 
		
		"Director" means the Director of Public Health; except that in
regard to new animal drugs, animal feed, meat and poultry and meat and
poultry food products
other than those sold at retail, "Director" means the Director of
Agriculture.
		(Source: P.A. 84-891.) (410 ILCS 620/2.2) (from Ch. 56 1/2, par. 502.2)Sec. 2.2. 
		
		"Person" includes individual, partnership, corporation and
association.
		(Source: Laws 1967, p. 959.) (410 ILCS 620/2.3) (from Ch. 56 1/2, par. 502.3)Sec. 2.3. 
		
		"Food" means (1) articles used for food or drink for man or other
animals, (2) chewing gum, and (3) articles used for components of any such
article.
		(Source: Laws 1967, p. 959.) (410 ILCS 620/2.4) (from Ch. 56 1/2, par. 502.4)Sec. 2.4. 
(a) "Drug" means (1) articles recognized in the official United
States Pharmacopoeia - National Formulary, official Homeopathic Pharmacopoeia
of the United
States, United States Dispensatory, or Remington's Practice of Pharmacy,
or any supplement to any of them; and (2)
articles intended for use in the diagnosis, cure, mitigation, treatment or
prevention of disease in man or other animals; and (3) articles (other than
food) intended to affect the structure or any function of the body of man
or other animals; and (4) articles intended for use as a component of any
article specified in clause (1), (2) or (3); but does not include devices
or their components, parts or accessories.(b) "Synthetic drug product" means any product that contains a substance defined as a controlled substance under subsections (d) and (e) of Section 204 of the Illinois Controlled Substances Act. Products approved by the U.S. Food and Drug Administration for human consumption are not synthetic drug products. (Source: P.A. 97-872, eff. 7-31-12.) (410 ILCS 620/2.5) (from Ch. 56 1/2, par. 502.5)Sec. 2.5. 
		
		"Device" (except when used in Sections 2.11 and 3.10 and
subsection (f) of Section
11, subsections (c) and (p) of Section 15, and subsection (c) of Section
19) means instruments, implements,
machines, implants, in vitro reagents, apparatus and contrivances, including
their components, parts and
accessories, or other similar or related articles which are (1) recognized
in the official United States Pharmacopoeia - National Formulary or any
supplement thereto; (2)  intended for use in the diagnosis, cure, mitigation,
treatment or prevention of disease or other conditions in man or
other animals; or (3) intended to
affect the structure or any function of the body of man or other animals;
and which do not achieve any of their principal intended purposes through
chemical action within or on the body of man or other animals and which are
not dependent upon being metabolized for the achievement of any of their
principal intended purposes.
		(Source: P.A. 84-891.) (410 ILCS 620/2.6) (from Ch. 56 1/2, par. 502.6)Sec. 2.6. 
		
		"Cosmetic" means (1) articles intended to be rubbed, poured,
sprinkled, or sprayed on, introduced into, or otherwise applied to the
human body or any part thereof for cleansing, beautifying, promoting
attractiveness, or altering the appearance, and (2) articles intended for
use as a component of any such articles, except that such term shall not
include soap.
		(Source: Laws 1967, p. 959.) (410 ILCS 620/2.7) (from Ch. 56 1/2, par. 502.7)Sec. 2.7. 
		
		"Official compendium" means the official United States
Pharmacopoeia - National Formulary, official Homeopathic Pharmacopoeia
of the United States, United States Dispensatory, Remington's Practice of
Pharmacy, or any supplement to any of them.
		(Source: P.A. 84-891.) (410 ILCS 620/2.8) (from Ch. 56 1/2, par. 502.8)Sec. 2.8. 
		
		"Label" means a display of written, printed or graphic matter
upon the immediate container of any article; and a requirement made by or
under authority of this Act that any word, statement, or other information
appear on the label shall not be considered to be complied with unless such
word, statement, or other information also appears on the outside container
or wrapper, if any there be, of the retail package of such article, or is
easily legible through the outside container or wrapper.
		(Source: Laws 1967, p. 959.) (410 ILCS 620/2.9) (from Ch. 56 1/2, par. 502.9)Sec. 2.9. 
		"Immediate container" does not include package liners. 
		(Source: Laws 1967, p. 959.) (410 ILCS 620/2.10) (from Ch. 56 1/2, par. 502.10)Sec. 2.10. 
		
		"Labeling" means all labels and other written, printed or
graphic matter upon an article or any of its containers or wrappers or
accompanying such article.
		(Source: Laws 1967, p. 959.) (410 ILCS 620/2.11) (from Ch. 56 1/2, par. 502.11)Sec. 2.11. 
		
		If an article is alleged to be misbranded because the labeling
is misleading or if an advertisement is alleged to be false because it is
misleading, then in determining whether the labeling or advertisement is
misleading, there shall be taken into account (among other things) not only
representations made or suggested by statement, word, design, device, sound
or any combination thereof, but also the extent to which the labeling or
advertisement fails to reveal material facts in the light of such
representations or material facts with respect to consequences which may
result from the use of the article to which the labeling or advertisement
relates under the conditions of use prescribed in the labeling or
advertisement thereof or under such conditions of use as are customary or
usual.
		(Source: Laws 1967, p. 959.) (410 ILCS 620/2.12) (from Ch. 56 1/2, par. 502.12)Sec. 2.12. 
		
		"Advertisement" means all representations disseminated in any
manner or by any means other than by labeling, to induce or which are
likely to induce, directly or indirectly, the purchase of food, drugs,
devices or cosmetics.
		(Source: Laws 1967, p. 959.) (410 ILCS 620/2.13) (from Ch. 56 1/2, par. 502.13)Sec. 2.13. 
		
		The representation of a drug in its labeling or advertisement as
an antiseptic shall be considered to be a representation that it is a
germicide, except for a drug purporting to be or represented as an
antiseptic for inhibitory use as a wet dressing, ointment, dusting power or
such other use involving prolonged contact with the body.
		(Source: Laws 1967, p. 959.) (410 ILCS 620/2.14) (from Ch. 56 1/2, par. 502.14)Sec. 2.14. 
		
		"New drug" means (1) any drug (except a new animal drug or
an animal feed bearing or containing a new animal drug) the composition
of which is such that the drug is not generally recognized among experts
qualified by scientific training and experience to evaluate the safety and
effectiveness of drugs as safe and effective for use under the conditions
prescribed, recommended, or suggested in the labeling thereof; or (2) any
drug (except a new animal drug or an animal feed bearing or containing
a new animal drug) the composition of which is such that the drug, as a
result of investigations
to determine its safety and effectiveness for use under such conditions,
has become so recognized, but which has not, otherwise than in such
investigations, been used to a material extent or for a material time under
such conditions.
		(Source: P.A. 84-891.) (410 ILCS 620/2.15) (from Ch. 56 1/2, par. 502.15)Sec. 2.15. 
		
		"Contaminated with filth" applies to any food, drug, device or
cosmetic not securely protected from dust, dirt and, as far as may be
necessary by all reasonable means, from all foreign or injurious
contaminations.
		(Source: Laws 1967, p. 959.) (410 ILCS 620/2.16) (from Ch. 56 1/2, par. 502.16)Sec. 2.16. 
		
		The provisions of this Act regarding the selling of food, drugs,
devices or cosmetics, include the manufacture, production, processing,
packing, packaging, exposure, offer, possession and holding of any such
article for sale; and the sale, dispensing and giving of any such article,
and the supplying or applying of any such articles in the conduct of any
food, drug or cosmetic establishment.
		(Source: Laws 1967, p. 959.) (410 ILCS 620/2.17) (from Ch. 56 1/2, par. 502.17)Sec. 2.17. 
		
		"Pesticide chemical" means any substance which alone, in
chemical combination or in formulation with one or more other substances is
"a pesticide" within the meaning of the Federal
Insecticide,
Fungicide and Rodenticide Act (7 U.S.C. 136) as now enacted
or as hereafter amended and
which is used in the production, storage or transportation of raw
agricultural commodities.
		(Source: P.A. 84-891.) (410 ILCS 620/2.18) (from Ch. 56 1/2, par. 502.18)Sec. 2.18. 
"Raw agricultural commodity" means any food in its raw or
natural state, including all fruits that are washed, colored or otherwise
treated in their unpeeled natural form before marketing and honey that is in the comb or that is removed from the comb and in an unadulterated condition.
(Source: P.A. 96-1028, eff. 1-1-11.) (410 ILCS 620/2.19) (from Ch. 56 1/2, par. 502.19)Sec. 2.19. 
		
		"Food additive" means any substance, the intended use of which
results or may be reasonably expected to result, directly or indirectly, in
its becoming a component or otherwise affecting the characteristics of any
food, (including any substance intended for use in producing,
manufacturing, packing, processing, preparing, treating, packaging,
transporting or holding food; and including any source of radiation
intended for any such use), if such substance is not generally recognized,
among experts qualified by scientific training and experience to evaluate
its safety, as having been adequately shown through scientific procedures
(or, in the case of a substance used in a food prior to January 1, 1958,
through either scientific procedures or experience based on common use in
food) to be safe under the conditions of its intended use; except that such
term does not include: (1) a pesticide chemical in or on a raw agricultural
commodity; or (2) a pesticide chemical to the extent that it is intended
for use or is used in the production, storage or transportation of any raw
agricultural commodity; or (3) a color additive; or (4) any substance used
in accordance with a sanction or approval granted prior to the enactment of
the Food Additives Amendment of 1958, pursuant to the Federal Act; the
Poultry Products Inspection Act (21 U.S.C. 451 et seq.) or the Meat
Inspection Act of March 4, 1907, as amended and extended (34 Stat. 1260);
or (5) a new animal drug.
		(Source: P.A. 84-891.) (410 ILCS 620/2.20) (from Ch. 56 1/2, par. 502.20)Sec. 2.20. 
		
		(1) "Color additive" means a material which-(A) is a dye,
pigment or other substance made by a process of synthesis or similar
artifice, or extracted, isolated, or otherwise derived, with or without
intermediate or final change of identity from a vegetable, animal, mineral
or other source; or (B) when added or applied to a food, drug or cosmetic,
or to the human body or any part thereof is capable (alone or through
reaction with another substance) of imparting color thereto; except that
such term does not include any material which has been or hereafter is
exempted under the Federal Act. (2) "Color" includes black, white and
intermediate grays. (3) Nothing in clause (1) of this Section shall be
construed to apply to any pesticide chemical, soil or plant nutrient, or
other agricultural chemical solely because of its effect in aiding,
retarding or otherwise affecting, directly or indirectly the growth or
other natural physiological process of produce of the soil and thereby
affecting its color, whether before or after harvest.
		(Source: Laws 1967, p. 959.) (410 ILCS 620/2.21) (from Ch. 56 1/2, par. 502.21)Sec. 2.21. 
		
		"Federal Act" means the Federal Food, Drug and Cosmetic Act, as
amended.
		(Source: Laws 1967, p. 959.) (410 ILCS 620/2.22) (from Ch. 56 1/2, par. 502.22)Sec. 2.22. "Drug product selection", as used in Section 3.14 of
this Act, means the act of selecting the source of supply of a drug product
in a specified dosage form in accordance with Section 3.14 of this Act
and Section 25 of the Pharmacy Practice Act.
(Source: P.A. 95-689, eff. 10-29-07.) (410 ILCS 620/2.23) (from Ch. 56 1/2, par. 502.23)Sec. 2.23. 
		
		"Bulk food" means unpackaged or unwrapped, processed or unprocessed
food in aggregate containers from which quantities desired by the consumer
may be withdrawn.  For the purpose of this Act, bulk food does not include
fresh fruits, fresh vegetables, nuts in the shell, salad bars and potentially
hazardous foods.
		(Source: P.A. 84-891.) (410 ILCS 620/2.24) (from Ch. 56 1/2, par. 502.24)Sec. 2.24. 
		
		"Counterfeit drug" means a drug which, or the container
or labeling of which, without authorization, bears the trademark, trade
name or other identifying mark, imprint or device, or any likeness thereof,
of a drug manufacturer, processor, packer or distributor other than the
person or persons who in fact manufactured, processed, packed or distributed
such drug and which thereby falsely purports or is represented to be the
product of, or to have been packed or distributed by, such other drug manufacturer,
processor, packer or distributor.
		(Source: P.A. 84-891.) (410 ILCS 620/2.25) (from Ch. 56 1/2, par. 502.25)Sec. 2.25. 
		
		"New animal drug" means any drug intended for use
for animals other than man, including any drug intended for use in animal
feed but not including such animal feed (1) the composition of which is
such that such drug is not generally recognized, among experts qualified
by scientific training and experience to evaluate the safety and effectiveness
of animal drugs, as safe and effective for use under the condition prescribed,
recommended or suggested in the labeling thereof; except that such a drug
not so recognized shall not be deemed to be a "new animal drug" if at any
time prior to June 25, 1938, it was subject to the Food and Drug Act of
June 30, 1906, as amended, and if at such time its labeling contained the
same representations concerning the conditions of its use; or (2) the composition
of which is such that such drug, as a result of investigations to determine
its safety and effectiveness for use under such conditions, has become so
recognized but which has not, other than in such investigations, been
used to a material extent or for a material time under such conditions;
or (3) which drug is composed wholly or partly of any kind of penicillin,
streptomycin, chlortetracycline, chloramphenicol or bacitracin, or any
derivative thereof, except when there is in effect a published order of
the Secretary of Health and Human Services declaring such drug not to be
a new animal drug on the grounds that the requirement of certification
of batches of such drug, as provided for in Section 512(n) of the Federal
Act, is not necessary to insure that the objectives specified in paragraph
(3) thereof are achieved and that neither paragraph (1) nor (2) above applies
to such drug.
		(Source: P.A. 84-891.) (410 ILCS 620/2.26) (from Ch. 56 1/2, par. 502.26)Sec. 2.26. 
		
		"Animal feed", as used in Section 2.25 of this Act
and in the provisions of this Act referring to Section 512 of the Federal
Act, means an article which is intended for use in food for animals
other than man and which is intended for use as a substantial source of
nutrients in the diet of the animal, and is not limited to a mixture intended
to be the sole ration of the animal.
		(Source: P.A. 84-891.) (410 ILCS 620/2.27) (from Ch. 56 1/2, par. 502.27)Sec. 2.27. 
		
		"Saccharin" includes calcium saccharin, sodium saccharin
and ammonium saccharin.
		(Source: P.A. 84-891.) (410 ILCS 620/2.28) (from Ch. 56 1/2, par. 502.28)Sec. 2.28. 
		
		"Infant formula" means a food which purports to
be or is represented for special dietary use solely as a food for infants
by reason of its simulation of human milk or its suitability as a complete
or partial substitute for human milk.
		(Source: P.A. 84-891.) (410 ILCS 620/2.29) (from Ch. 56 1/2, par. 502.29)Sec. 2.29. 
		
		"Vended water device" means any self-service device
which, upon insertion of coins or token, or by some other means, dispenses
unit services of water into a container without the necessity of refilling
the machine between each operation.
		(Source: P.A. 84-891.) (410 ILCS 620/2.30) (from Ch. 56 1/2, par. 502.30)Sec. 2.30. 
		
		"Bulk milk hauler-sampler" means a person who is qualified
and trained for the grading and sampling of raw milk in accordance with
Federal and State quality standards and procedures.
		(Source: P.A. 84-891.) (410 ILCS 620/2.31) (from Ch. 56 1/2, par. 502.31)Sec. 2.31. 
		
		"Manufactured milk producer" means one or more persons who
exercise control over the production of raw milk delivered to a manufactured
milk processing plant and those who receive payment for such product.
		(Source: P.A. 84-891.) (410 ILCS 620/2.32) (from Ch. 56 1/2, par. 502.32)Sec. 2.32. 
		
		"Manufactured dairy farm" means a place or premises where
one or more milking cows or goats are kept, a part or all of the milk produced
thereon being delivered, sold or offered for sale to a plant for manufacturing
purposes.
		(Source: P.A. 84-891.) (410 ILCS 620/2.33) (from Ch. 56 1/2, par. 502.33)Sec. 2.33. 
		
		"Manufactured dairy plant" means any place, premises or establishment
where milk or dairy products are received or handled for processing or manufacturing
or prepared for distribution.  "Plant", when that term is used in connection with
the production, transportation, grading or use of milk, means any plant
that handles or purchases milk for manufacturing purposes. "Plant", when
that term is used in connection with requirements for plants or issuing permits to
plants, means only those plants which process manufactured dairy products.
		(Source: P.A. 84-891.) (410 ILCS 620/2.34) (from Ch. 56 1/2, par. 502.34)Sec. 2.34. 
		
		"Milk for manufacturing purposes" means milk produced for
processing and manufacturing into products for human consumption but not
subject to Grade A or comparable requirements.
		(Source: P.A. 84-891.) (410 ILCS 620/2.35) (from Ch. 56 1/2, par. 502.35)Sec. 2.35. 
		
		"Manufactured dairy products" means, but is not limited to,
evaporated milk, condensed skim milk, condensed milk, concentrate milk,
nonfat dry milk, dry milk, dry cream, dry whey, dry buttermilk, butter,
buttermilk, cheese, cheese products, ice cream, ice milk, sherbet, frozen
desserts, dairy confections, or novelties, related dairy products (products
with butter fat or milk solids substitutions or milk and dairy product imitations)
and such other dairy products for human consumption not regulated under
the Grade A Pasteurized Milk and Milk Products Act, and designated by the
Department.  All manufactured dairy
products shall meet the applicable definitions and standards of identity
as promulgated under the Federal Act.
		(Source: P.A. 84-891.) (410 ILCS 620/2.36) (from Ch. 56 1/2, par. 502.36)Sec. 2.36. 
"Prescription" means and includes any order for drugs or
medical devices, written, facsimile, or verbal by a physician licensed
to
practice medicine in all its branches, dentist, veterinarian,
or podiatric physician containing the following:  (1) name of the
patient; (2) date when prescription was given; (3) name and strength of
drug or description of the medical device prescribed; (4) quantity, (5)
directions
for use, (6) prescriber's name, address and signature, and (7) DEA
number where
required, for controlled substances. A prescription for medication other than controlled substances shall be valid for up to 15 months from the date issued for the purpose of refills, unless the prescription states otherwise. 
(Source: P.A. 100-804, eff. 1-1-19.) (410 ILCS 620/2.37) (from Ch. 56 1/2, par. 502.37)Sec. 2.37. 
		
		"Prescription drug" means any drug which is required to bear
on its label the statement "Caution:   Federal Law Prohibits Dispensing
Without Prescription".
		(Source: P.A. 84-891.) (410 ILCS 620/2.38)Sec. 2.38. 
		Bulk milk pickup tank. 
		"Bulk milk pickup tank" means the tank,
and those appurtenances necessary for its use, used by a milk hauler-sampler to
transport bulk raw milk for pasteurization from a dairy farm to a milk plant,
receiving station, or transfer station.
		(Source: P.A. 89-526, eff. 7-19-96.) (410 ILCS 620/2.39)Sec. 2.39. 
		Certified pasteurizer sealer. 
		"Certified pasteurizer
sealer" means a person who has satisfactorily completed a course of
instruction and has demonstrated the ability to satisfactorily conduct all
pasteurization control tests, as required by rules adopted by the Department.
		(Source: P.A. 89-526, eff. 7-19-96.) (410 ILCS 620/3) (from Ch. 56 1/2, par. 503)Sec. 3. 
		
		The enumerated acts in Sections 3.1 through 3.21
and the causing thereof are prohibited in this State.
		(Source: P.A. 84-891.) (410 ILCS 620/3.1) (from Ch. 56 1/2, par. 503.1)Sec. 3.1. 
		
		The manufacture, sale or delivery, holding or offering for sale
of any food, drug, device or cosmetic that is adulterated or misbranded.
		(Source: Laws 1967, p. 959.) (410 ILCS 620/3.2) (from Ch. 56 1/2, par. 503.2)Sec. 3.2. 
		
		The adulteration or misbranding of any food, drug, device or
cosmetic.
		(Source: Laws 1967, p. 959.) (410 ILCS 620/3.3) (from Ch. 56 1/2, par. 503.3)Sec. 3.3. 
		
		The receipt in commerce of any food, drug, device or cosmetic
that is adulterated or misbranded and the delivery or proffered delivery
thereof for pay or otherwise.
		(Source: Laws 1967, p. 959.) (410 ILCS 620/3.4) (from Ch. 56 1/2, par. 503.4)Sec. 3.4. 
		
		The sale, delivery for sale, holding for sale or offering for
sale of any article in violation of Section 12, 17 or 17.1.
		(Source: P.A. 84-891.) (410 ILCS 620/3.5) (from Ch. 56 1/2, par. 503.5)Sec. 3.5. 
		The dissemination of any false advertisement. 
		(Source: Laws 1967, p. 959.) (410 ILCS 620/3.6) (from Ch. 56 1/2, par. 503.6)Sec. 3.6. 
		
		The refusal to permit entry or inspection or to permit the taking
of a sample or to permit access to or copying of any record as authorized
by Section 22; or the failure to establish or maintain any record or make
any report required under Section 512(j), (l) or (m) of the Federal Act,
or the refusal to permit access to or verification or copying of any such required
record.
		(Source: P.A. 84-891.) (410 ILCS 620/3.7) (from Ch. 56 1/2, par. 503.7)Sec. 3.7. 
		
		The giving of a guaranty or undertaking which is false, except by
a person who relied on a guaranty or undertaking to the same effect signed
by and containing the name and address of the person residing in the State
of Illinois from whom he received in good faith the food, drug, device or
cosmetic.
		(Source: Laws 1967, p. 959.) (410 ILCS 620/3.8) (from Ch. 56 1/2, par. 503.8)Sec. 3.8. 
		
		The removal or disposal of a detained or embargoed article in
violation of Section 6.
		(Source: Laws 1967, p. 959.) (410 ILCS 620/3.9) (from Ch. 56 1/2, par. 503.9)Sec. 3.9. 
		
		The alteration, mutilation, destruction, obliteration or removal
of the whole or any part of the labeling of or the doing of any other act
with respect to a food, drug, device or cosmetic, if such act is done while
such article is held for sale (whether or not the first sale) and results
in such article being adulterated or misbranded.
		(Source: P.A. 84-891.) (410 ILCS 620/3.10) (from Ch. 56 1/2, par. 503.10)Sec. 3.10. 
		
		(1) Forging, counterfeiting, simulating or falsely representing
or without proper authority using any mark, stamp, tag, label or other identification
device authorized or required by regulations promulgated under the
provisions of this Act or the Federal Act.(2) Making, selling, disposing of, or keeping in possession, control,
or custody, or concealing any punch, die, plate, stone, or other thing designed
to print, imprint, or reproduce the trademark, trade name, or other identifying
mark, imprint, or device of another or any likeness of any of the foregoing
upon any drug or container or labeling thereof so as to render such drug
a counterfeit drug.(3) The doing of any act which causes a drug to be a counterfeit drug,
or the sale or dispensing, or the holding for sale or dispensing, of a counterfeit
drug.
		(Source: P.A. 84-891.) (410 ILCS 620/3.11) (from Ch. 56 1/2, par. 503.11)Sec. 3.11. 
		
		The using by any person to his own advantage, or revealing,
other than to the Director or authorized representative or to the courts
when relevant in any judicial proceeding under this Act of any information
acquired under authority of this Act concerning any method or process which
as a trade secret is entitled to protection.
		(Source: Laws 1967, p. 959.) (410 ILCS 620/3.12) (from Ch. 56 1/2, par. 503.12)Sec. 3.12. 
		
		The using on the labeling of any drug or device or in any advertisement
relating to such drug or device of any representation or suggestion that an
application with respect to such drug is effective under Section 17 or
that such drug or device complies with the provisions of such Section.
		(Source: P.A. 84-891.) (410 ILCS 620/3.13) (from Ch. 56 1/2, par. 503.13)Sec. 3.13. 
		
		In the case of a prescription drug distributed or offered for
sale in this State, the failure of the manufacturer, packer or distributor
thereof to maintain for transmittal or to transmit to any practitioner
licensed by applicable law to administer such drug who makes written
request for information as to such drug, true and correct copies of all
printed matter which is required to be included in any package in which
that drug is distributed or sold or such other printed matter as is
approved under the Federal Act. Nothing in this Section shall be
construed to exempt any person from any labeling requirement imposed by or
under other provisions of this Act.
		(Source: Laws 1967, p. 959.) (410 ILCS 620/3.14) (from Ch. 56 1/2, par. 503.14)Sec. 3.14. Dispensing or causing to be dispensed a different drug  in
place of the drug or brand of drug ordered or prescribed without the
express permission of the person ordering or prescribing.
Except as set forth in Section 26 of the Pharmacy Practice Act, this Section does not prohibit the interchange of different brands
of the same generically equivalent drug product, when the drug
products
are not required to bear the legend "Caution: Federal law prohibits dispensing
without prescription", provided that the same dosage form is dispensed and
there is no greater than 1% variance in the stated amount of each active
ingredient of the drug products.
A generic drug determined to be therapeutically equivalent by the
United States Food and Drug Administration (FDA) shall be available
for substitution in Illinois in accordance with this Act and the
Pharmacy Practice Act.
(Source: P.A. 100-65, eff. 8-11-17.) (410 ILCS 620/3.15) (from Ch. 56 1/2, par. 503.15)Sec. 3.15. 
To offer for sale any bulk food in a manner other than to prevent
direct handling of such items by the consumer.  This Section shall not prohibit
self-service by consumers provided that the dispensers utilized prevent
the direct handling of such foods and that take-home containers, including bags, cups, and lids, provided for consumer use are cleaned, stored, and dispensed in a sanitary manner.A retailer may allow a consumer to fill or refill a personal container with bulk food if the dispensers used prevent the direct handling of the bulk food. Personal containers used for this purpose shall be clean and sanitary.Except as provided under Part 750 of Title 77 of the Illinois Administrative Code, county health departments and municipalities shall not prohibit the ability of a retailer to allow a consumer to fill or refill a personal container with bulk food if the dispensers used prevent the direct handling of the bulk food and the personal containers used are clean and sanitary. (Source: P.A. 101-510, eff. 1-1-20.) (410 ILCS 620/3.16) (from Ch. 56 1/2, par. 503.16)Sec. 3.16. 
		
		(1) Placing or causing to be placed upon any drug or device
or container thereof, with intent to defraud, the trade name or other identifying
mark, or imprint of another or any likeness of any of the foregoing; or
(2) selling, dispensing, disposing of or causing to be sold, dispensed or
disposed of or concealing or keeping in possession, control, or custody,
with intent to sell, dispense or dispose of, any drug, device or any container
thereof, with knowledge that the trade name or other identifying mark or
imprint of another or any likeness of any of the foregoing has been placed
thereon in a manner prohibited by clause (1) above; or (3) making, selling,
disposing of; causing to be made, sold or disposed of; keeping in possession,
control or custody; or concealing with intent to defraud any punch, die,
plate, stone or other thing designed to print, imprint, or reproduce the
trademark, trade name, or other identifying mark, imprint,
or device of another or any likeness of any of the foregoing upon any drug
or container labeling thereof so as to render such drug a counterfeit drug.
		(Source: P.A. 84-891.) (410 ILCS 620/3.17) (from Ch. 56 1/2, par. 503.17)Sec. 3.17. 
		
		The failure to register in accordance with Section 510 of
the Federal Act, the failure to provide any information required by Section
510(j) or (k) of the Federal Act, or the failure to provide a notice required
by Section 510(j)(2) of the Federal Act.
		(Source: P.A. 84-891.) (410 ILCS 620/3.18) (from Ch. 56 1/2, par. 503.18)Sec. 3.18. 
		
		(1) The failure or refusal to (A) comply with any requirement
prescribed under Section 518 or 520(g) of the Federal Act, or (B) furnish
any notification or other material or information required by or under Section
519 or 520(g) of the Federal Act.  (2) With respect to any device, the submission
of any report that is required by or under this Act that is false or misleading
in any material respect.
		(Source: P.A. 84-891.) (410 ILCS 620/3.19) (from Ch. 56 1/2, par. 503.19)Sec. 3.19. 
		
		The movement of a device in violation of any order under
Section 304(g) of the Federal Act or the removal or alteration of any mark
or label required by the order to identify the device as detained.
		(Source: P.A. 84-891.) (410 ILCS 620/3.20) (from Ch. 56 1/2, par. 503.20)Sec. 3.20. 
		
		The failure to provide the notice required by Section 412(b)
or 412(c), the failure to make the reports required by Section 412(d)(1)(B),
or the failure to meet the requirements prescribed under Section 412(d)(2)
of the Federal Act.
		(Source: P.A. 84-891.) (410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)Sec. 3.21. Except as authorized by this Act, the Illinois Controlled Substances
Act, the Pharmacy Practice Act, the Dental Practice Act, the Medical
Practice Act of 1987, the Veterinary Medicine and Surgery Practice Act of
2004, the Podiatric Medical Practice Act of 1987, Section 22-30 of the School Code, Section 40 of the Illinois State Police Act, Section 10.19 of the Illinois Police Training Act, or the Epinephrine Injector Act, to sell or dispense a
prescription drug without a prescription.
(Source: P.A. 102-538, eff. 8-20-21.) (410 ILCS 620/3.22) (from Ch. 56 1/2, par. 503.22)Sec. 3.22. 
(a) Whoever knowingly distributes, or possesses with intent to
distribute, human growth hormone for any use in humans other than the
treatment of a disease or other recognized medical condition, where the use
has been authorized by the Secretary of Health and Human Services and under
the order of a physician, is guilty of a Class 3 felony, and may be fined
an amount not to exceed $50,000. As used in this Section, the term "human growth hormone" means somatrem, somatropin, or an analogue of either of them.(b) Whoever distributes, or possesses with intent to distribute, a synthetic drug product or a drug that is misbranded under this Act is guilty of a Class 2 felony and may be fined an amount not to exceed $100,000. A person convicted of a second or subsequent violation of this Section is guilty of a Class 1 felony, the fine for which shall not exceed $250,000.(c) Whoever falsely advertises a synthetic drug product is guilty of a Class 3 felony and may be fined an amount not to exceed $100,000.(d) Whoever commits any offense set forth in this Section and the offense
involves an individual under 18 years of age is punishable by not more than
10 years imprisonment, and twice the fine authorized above.  Any conviction
for a violation of this Section shall be considered a violation of the
Illinois Controlled Substances Act for the purposes of forfeiture under
Section 505 of such Act.(e) Any person convicted under this Section is subject to the forfeiture provisions set forth in subsections (c), (d), (e), (f), (g), (h), and (i) of Section 3.23 of this Act. (Source: P.A. 97-872, eff. 7-31-12.) (410 ILCS 620/3.23)Sec. 3.23. Legend drug prohibition.(a) In this Section:"Legend drug" means a drug limited by the Federal Food, Drug and Cosmetic Act to being dispensed by or upon a medical practitioner's prescription because the drug is:(1) habit forming;(2) toxic or having potential for harm; or(3) limited in use by the new drug application for     the drug to use only under a medical practitioner's supervision."Medical practitioner" means any person licensed to practice medicine in all its branches in the State."Deliver" or "delivery" means the actual, constructive, or attempted transfer of possession of a legend drug, with or without consideration, whether or not there is an agency relationship."Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a legend drug, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling of its container. "Manufacture" does not include:(1) by an ultimate user, the preparation or     compounding of a legend drug for his or her own use; or(2) by a medical practitioner, or his or her     authorized agent under his or her supervision, the preparation, compounding, packaging, or labeling of a legend drug:(A) as an incident to his or her administering or         dispensing of a legend drug in the course of his or her professional practice; or(B) as an incident to lawful research, teaching,         or chemical analysis and not for sale."Prescription" has the same meaning ascribed to it in Section 3 of the Pharmacy Practice Act.(b) It is unlawful for any person to knowingly manufacture or deliver or possess with the intent to manufacture or deliver a legend drug of 6 or more pills, tablets, capsules, or caplets or 30 ml or more of a legend drug in liquid form who is not licensed by applicable law  to prescribe or dispense legend drugs or is not an employee of the licensee operating in the normal course of business under the supervision of the licensee. Any person who violates this Section is guilty of a Class 3 felony, the fine for which shall not exceed $100,000. A person convicted of a second or subsequent violation of this Section is guilty of a Class 1 felony, the fine for which shall not exceed $250,000.(c) The following are subject to forfeiture:(1) (blank);(2) all raw materials, products, and equipment of any         kind which are used, or intended for use,  in manufacturing, distributing, dispensing, administering, or possessing any substance in violation of this Section;(3) all conveyances, including aircraft, vehicles, or         vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of any substance manufactured, distributed, dispensed, or possessed in violation of this Section or property described in paragraph (2) of this subsection (c), but:(A) no conveyance used by any person as a common                 carrier in the transaction of business as a common carrier is subject to forfeiture under this Section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the violation;(B) no conveyance is subject to forfeiture                 under this Section by reason of any act or omission which the owner proves to have been committed or omitted without his or her knowledge or consent; and(C) a forfeiture of a conveyance encumbered by                 a bona fide security interest is subject to the interest of the secured party if he or she neither had knowledge of nor consented to the act or omission;(4) all money, things of value, books, records, and         research products and materials including formulas, microfilm, tapes, and data that are used, or intended to be used,  in violation of this Section;(5) everything of value furnished, or intended to be         furnished, in exchange for a substance in violation of this Section, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used, or intended to be used, to commit or in any manner to facilitate any violation of this Section; and(6) all real property, including any right, title,         and interest, including, but not limited to, any leasehold interest or the beneficial interest in a land trust, in the whole of any lot or tract of land and any appurtenances or improvements, which is used or intended to be used, in any manner or part, to commit, or in any manner to facilitate the commission of, any violation or act that constitutes a violation of this Section or that is the proceeds of any violation or act that constitutes a violation of this Section.(d) Property subject to forfeiture under this Act may be seized under the Drug Asset Forfeiture Procedure Act. In the event of seizure, forfeiture proceedings shall be instituted under the Drug Asset Forfeiture Procedure Act.(e) Forfeiture under this Act is subject to an 8th Amendment to the United States Constitution disproportionate penalties analysis as provided under Section 9.5 of the Drug Asset Forfeiture Procedure Act.(f) With regard to possession of legend drug offenses only, a sum of currency with a value of less than $500 shall not be subject to forfeiture under this Act.  For all other offenses under this Act, a sum of currency with a value of less than $100 shall not be subject to forfeiture under this Act. In seizures of currency in excess of these amounts, this Section shall not create an exemption for these amounts.(f-5) For felony offenses involving possession of legend drug only, no property shall be subject to forfeiture under this Act because of the possession of less than 2 single unit doses of a legend drug.  This exemption shall not apply in instances when the possessor, or another person at the direction of the possessor, is engaged in the destruction of any amount of a legend drug. The amount of a single unit dose shall be the State's burden to prove in its case in chief.(g) If the Department suspends or revokes a registration, all legend drugs owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation rule becoming final, all substances are subject to seizure and forfeiture under the Drug Asset Forfeiture Procedure Act.(h) (Blank).(i) (Blank).(j) Contraband, including legend drugs possessed without a prescription or other authorization under State or federal law, is not subject to forfeiture. No property right exists in contraband. Contraband is subject to seizure and shall be disposed of according to State law.(k) The changes made to this Section by Public Act 100-512 and Public Act 100-699 only apply to property seized on and after July 1, 2018. (Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) (410 ILCS 620/3.24)Sec. 3.24. Drug misbranding; gluten. An oral drug is misbranded if gluten is included as an inactive ingredient and is not so listed on its label. This Section does not apply to a pharmacy or pharmacist, as those terms are defined in Section 3 of the Pharmacy Practice Act.
(Source: P.A. 102-121, eff. 1-1-22.) (410 ILCS 620/4) (from Ch. 56 1/2, par. 504)Sec. 4. 
		
		In addition to the remedies hereinafter provided the Director is
authorized to file a complaint and apply to the circuit court for, and such
court may upon hearing and for cause shown grant, a temporary restraining
order or preliminary or
permanent injunction restraining any person from violating any provision of
Sections 3.1 through 3.21.
		(Source: P.A. 84-891.) (410 ILCS 620/5) (from Ch. 56 1/2, par. 505)Sec. 5. 
(a) A person who violates any of the provisions of this Act,
other than Sections 3.22 and 6, is guilty of a Class C misdemeanor; but if
the violation is committed after a conviction of such person under this
Section has become final, the person shall be guilty of a Class A
misdemeanor. A person who violates the provisions of Section 6 of this Act
is guilty of a Class A misdemeanor; but if the violation is committed after
a conviction of such person under this Section has become final, the person
shall be guilty of a Class 4 felony.(b) No person is subject to the penalties of subsection (a) of this
Section for (1) violating Section 3.1 or 3.3 if he establishes a guaranty or
undertaking signed by and containing the name and address of the person
residing in the State of Illinois from whom he received the article in good
faith, to the effect that the article is not adulterated 
within the meaning of this Act, designating this Act; or (2) for having
violated clause (2) of Section 3.16 if such person acted in good faith and
had no reason to believe that the use of the punch, die, plate, stone or
other thing involved would result in a drug being a counterfeit drug, or
for having violated clause (3) of Section 3.16 if the person doing the act
or causing it to be done acted in good faith and had no reason to believe
that the drug was a counterfeit drug.(c) No publisher, radio-broadcast licensee, agency or medium for the
dissemination of an advertisement, except the manufacturer, packer,
distributor or seller of the article to which a false advertisement relates
is liable under this Section for the dissemination of such false
advertisement unless he has refused on the request of the Director to
furnish the Director the name and post office address of the manufacturer,
packer, distributor, seller or advertising agency residing in the State of
Illinois who causes him to disseminate such advertisement.(d) No person shall be subject to the penalties of subsection (a) of
this Section for a violation of Section 3 involving misbranded food if the
violation exists solely because the food is misbranded under subsection
(c) of Section 11 because of its advertising, and no person shall be
subject to the penalties of subsection (a) of this Section for such a
violation unless the violation is committed with the intent to defraud
or mislead.
(Source: P.A. 97-872, eff. 7-31-12.) (410 ILCS 620/6) (from Ch. 56 1/2, par. 506)Sec. 6. 
(a) When an authorized agent of the Director finds or has probable
cause to believe that any food, drug, device or cosmetic is adulterated or
so misbranded as to be dangerous or fraudulent within the meaning of this
Act, is in violation of Section 12, 17 or 17.1 of this Act, or is suspected to be a synthetic drug product, he or she
shall affix to such article a tag or other appropriate marking
giving notice that the article is or is suspected of being adulterated or
misbranded and has been detained or embargoed and warning all persons not
to remove or dispose of such article by sale or otherwise until permission
for removal or disposal is given by such agent or the court. It is unlawful
for any person to remove or dispose of such detained or embargoed article
by sale or otherwise without such permission.(b) When an article detained or embargoed under subsection (a) of this
Section is found by such agent to be adulterated or misbranded or to be
in violation of Section 12, 17 or 17.1 of this Act or is suspected to be a synthetic drug product,
he or she shall petition the
circuit court in whose jurisdiction the article is detained or embargoed
for a libel for condemnation of such article. When such agent finds that an
article so detained or embargoed is not adulterated or misbranded or is not a synthetic drug product, he or
she shall remove the tag or other marking.(c) If the court finds that a detained or embargoed article is
adulterated or misbranded, such article shall, after entry of the judgment, be
destroyed at the expense of the claimant thereof, under the supervision
of such agent, and all court costs and fees, and storage and other proper
expenses, shall be taxed against the claimant of such article or his or her
agent. However, when the adulteration or misbranding can be corrected by proper
labeling or processing of the article, the court, after entry of the judgment
and after such costs, fees and expenses have been paid and a good and
sufficient bond, conditioned that such article shall be so labeled or
processed, has been executed, may by order direct that such article be
delivered to the claimant thereof for such labeling or processing under the
supervision of an agent of the Director. The expense of such supervision
shall be paid by the claimant. The article shall be returned to the claimant
and the bond shall be discharged on the representation to the court by the
Director that the article is no longer in violation of this Act, and that
the expenses of such supervision have been paid.(d) Whenever the Director or any of his or her authorized agents finds
in any room, building, vehicle of transportation or other structure, any
meat, sea food, poultry, vegetable, fruit or other perishable articles
which contain any filthy, decomposed or putrid substance, or that may be
poisonous or deleterious to health or otherwise unsafe, the same being
hereby declared to be a nuisance, the Director or his or her authorized
agent shall condemn or destroy the same, or in any other manner render the
same unusable as human food.
(Source: P.A. 97-872, eff. 7-31-12.) (410 ILCS 620/7) (from Ch. 56 1/2, par. 507)Sec. 7. 
		
		It shall be the duty of each state's attorney to whom the Director
reports any violation of this Act, to cause appropriate proceedings to be
instituted in the proper courts without delay and to be prosecuted in the
manner required by law. Before any violation of this Act is reported to any
such state's attorney for the institution of a criminal proceeding, the
person against whom such proceeding is contemplated shall be given
appropriate notice and an opportunity to present his views before the
Director or his designated agent, either orally or in writing, in person or
by attorney, with regard to such contemplated proceeding.
		(Source: Laws 1967, p. 959.) (410 ILCS 620/8) (from Ch. 56 1/2, par. 508)Sec. 8. 
		
		Nothing in this Act shall be construed as requiring the Director to
report for the institution of proceedings under this Act, minor violations
of this Act, when the Director believes that the public interest will be
adequately served in the circumstances by a suitable written notice or
warning.
		(Source: Laws 1967, p. 959.) (410 ILCS 620/9) (from Ch. 56 1/2, par. 509)Sec. 9. 
		
		Definitions and standards of identity, quality and fill of container
and supplements thereto or revisions thereof, adopted under authority of the Federal
Food, Drug and Cosmetic Act are the definitions and standards of identity,
quality and fill of container in this State except insofar as modified
or rejected by regulations promulgated by the Director. In addition,
the Director of Agriculture may promulgate regulations which set standards of
identity, quantity and fill of container for foods.Temporary permits now or hereafter granted for interstate shipment of
experimental packs of food varying from the requirements of federal
definitions and standards of identity are automatically effective in this
State under the conditions provided in such permits. In addition, the
Director may issue additional permits where they are necessary to the
completion or conclusiveness of an otherwise adequate investigation and
where the interests of consumers are safeguarded. Such permits are subject
to the terms and conditions the Director may prescribe by regulation.Any regulations prescribing definitions and standards of identity for
milk and milk products shall conform to the Grade A Pasteurized Milk and
Milk  Products Act.When in the
judgment of the Director of the Department of Agriculture such action will
promote honesty and fair dealing in the interest of consumers, the Director
of the Department of Agriculture shall promulgate regulations establishing
a reasonable standard of quantity and fill of container for food. In
prescribing a definition and standard of identity for any food in which
optional ingredients are permitted, the Director shall, to promote honesty
and fair dealing in the interest of consumers, designate the optional
ingredients which shall be named on the label. The definitions and
standards so promulgated shall conform so far as practicable to the
definitions and standards promulgated under authority of the Federal Act,
the Federal Meat Inspection Act or the Federal Poultry Inspection Act.
		(Source: P.A. 84-891.) (410 ILCS 620/10) (from Ch. 56 1/2, par. 510)Sec. 10. 
		
		A food is adulterated - (a) (1) If it bears or contains any
poisonous or deleterious substance
which may render it injurious to health; but in case the substance is not
an added substance such food shall not be considered adulterated under this
clause if the quantity of such substance in such food does not ordinarily
render it injurious to health; or (2) (A) if it bears or contains any added
poisonous or added deleterious substance other than one which is (i) a
pesticide chemical in or on a raw agricultural commodity; (ii) a food
additive; or (iii) a color additive which is unsafe within the meaning of
subsection (a) of Section 13; or (iv) a new animal
drug which is unsafe within the meaning of Section 14; or (B) if it is
a raw agricultural commodity and it bears
or contains a pesticide chemical which is unsafe within the meaning of
Section 408 (a) of the Federal Act as amended; or (C) if it is or it bears
or contains, any food additive which is unsafe within the meaning of
Section 409 of the Federal Act as amended; provided that where a pesticide
chemical has been used in or on a raw agricultural commodity in conformity
with an exemption granted or tolerance prescribed under Section 408 of the
Federal Act and such raw agricultural commodity has been subjected to
processing such as canning, cooking, freezing, dehydrating or milling, the
residue of such pesticide chemical remaining in or on such processed food
shall, notwithstanding the provisions of Section 13 and Clause (C) of this
Section not be deemed unsafe if such residue in or on the raw agricultural
commodity has been removed to the extent possible in good manufacturing
practice, and the concentration of such residue in the processed food when
ready-to-eat, is not greater than the tolerance prescribed for the raw
agricultural commodity; or (D) if it is, or it bears or contains, a new
animal drug (or conversion product thereof) which is unsafe within the
meaning of Section 512 of the Federal Act; or (3) if it consists in whole
or in part of a diseased, contaminated, filthy, putrid or decomposed
substance, or if it is otherwise unfit for food; or (4) if it has been
produced, prepared, packed or held under unsanitary conditions whereby it
may have become contaminated with filth or whereby it may have been
rendered diseased, unwholesome or injurious to health; or (5) if it is, in
whole or in part, the product of a diseased animal or an
animal which has died otherwise than by slaughter, or that has been fed
upon the uncooked offal from a slaughterhouse; or (6) if its container is
composed, in whole or in part, of any poisonous or deleterious substance
which may render the contents injurious to health; or (7) if it has been
intentionally subjected to radiation unless the use of the radiation was in
conformity with a regulation or exemption in effect pursuant to Section 13
of this Act or Section 409 of the Federal Act.(b) (1) If any valuable constituent has been in whole or in part omitted
or abstracted therefrom; or (2) if any substance has been substituted
wholly or in part therefor; or (3) if damage or inferiority has been
concealed in any manner; or (4) if any substance has been added thereto or
mixed or packed therewith so as to increase its bulk or weight or reduce its
quality or strength or make it appear better or of greater value than it is.(c) If it is confectionery and it bears or contains any alcohol;
however, this subsection shall not apply to any confectionery by reason of
its containing less than 5% by volume of alcohol.(d) If it is or bears or contains any color additive which is unsafe
within the meaning of Section 706(a) of the Federal Act.(e) If its packaging or labeling is in violation of an applicable
regulation issued pursuant to Section 3, 4 or 5 of the Illinois Poison
Prevention Packaging Act.(f) If it is an adulterated egg or egg product pursuant to Section 3.1
of the "Illinois Egg and Egg Products Act".
		(Source: P.A. 85-179.) (410 ILCS 620/11) (from Ch. 56 1/2, par. 511)Sec. 11. 
A food is misbranded:(a) If its labeling is false or misleading in any     particular.(b) If it is offered for sale under the name of     another food.(c) If it is an imitation of another food other than     honey, unless its label bears, in type of uniform size and prominence, the word "imitation" and, immediately thereafter, the name of the food imitated.(d) If its container is so made, formed or filled as     to be misleading.(e) If in package form, unless it bears a label     containing (1) the name and place of business of the manufacturer, packer or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure or numerical count.  However, under paragraph (2) of this subsection reasonable variations shall be permitted and exemptions as to small packages which shall be established by regulations prescribed by the Director.(f) If any word, statement or other information     required by or under authority of this Act to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.(g) If it purports to be or is represented as a food     for which a definition and standard of identity has been prescribed by regulations as provided by Section 9, unless (1) it conforms to such definition and standard, and (2) its label bears the name of the food specified in the definition and standard and, in so far as may be required by such regulations, the common names of optional ingredients (other than spices, flavoring and coloring) present in such food.(h) If it purports to be or is represented as:(1) a food for which a standard of quantity has         been prescribed by regulations as provided by Section 9 and its quantity falls below such standard unless its label bears, in such manner and form  as such regulations specify, a statement that it falls below such standard; or(2) a food for which a standard or standards of         fill of container have been prescribed by regulation as provided by Section 9 and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard.(i) If it is not subject to subsection (g) of this     Section, unless it bears labeling clearly giving (1) the common or usual name of the food, if any there be, and (2) in case it is fabricated from 2 or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings and colorings, other than those sold as such, may be designated as spices, flavorings and colorings, without naming each.  However, to the extent that compliance with the requirements of paragraph (2) of this subsection is impractical or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the Director.(j) If it purports to be or is represented for     special dietary uses, unless its label bears such information concerning its vitamin, mineral and other dietary properties as the Director determines to be, and by regulations prescribes as necessary in order to fully inform purchasers as to its value for such uses.(k) If it bears or contains any artificial flavoring,     artificial coloring or chemical preservative, unless it bears labeling stating that fact.  However, to the extent that compliance with the requirements of this paragraph is impracticable, exemptions shall be established by regulations promulgated by the Director.  This subsection and subsections (g) and (i) with respect to artificial coloring do not apply to butter, cheese or ice cream. This subsection with respect to chemical preservatives does not apply to a pesticide chemical when used in or on a raw agricultural commodity which is the produce of the soil.(l) If it is a raw agricultural commodity for direct     human consumption which is the produce of the soil, bearing or containing a pesticide chemical applied after harvest, unless the shipping container of such commodity bears labeling which declares the presence of such chemical in or on such commodity and the common usual name and the function of such chemical; provided, however, that no such declaration shall be required while such commodity, having been removed from the shipping container, is being held or displayed for sale at retail out of such container in accordance with the custom of the trade.(m) If it is a product intended as an ingredient of     another food and when used according to the directions of the purveyor will result in the final food product being adulterated or misbranded.(n) If it is a color additive unless its packaging     and labeling are in conformity with such packaging and labeling requirements applicable to such color additive prescribed under Section 706 of the Federal Act.(o) If a meat or meat food product or poultry or     poultry food product has been frozen prior to sale unless when offered for sale, the package, container or wrapping bears, in type of uniform size and prominence, the words "previously frozen" so as to be readable and understood by the general public except that this subsection does not apply to products mentioned herein which are precooked and packaged in hermetically sealed containers.(p) If its labeling includes the word "honey" or the     term "imitation honey" and the product is not pure honey manufactured by honeybees.(q) If it contains saccharin, unless its label and     labeling and retail display comply with the requirements of Sections 403(o) and 403(p) of the Federal Act.(r) If it contains saccharin and is offered for sale,     but not for immediate consumption, at a retail establishment, unless such retail establishment displays prominently, where such food is held for sale, notice (provided by the manufacturer of such food pursuant to the Federal Act) for consumers respecting the information required by subsection (q) to be on food labels and labeling.(s) If it contains sesame, is offered for sale in     package form but not for immediate consumption, and the label does not include sesame. (Source: P.A. 101-129, eff. 7-26-19.) (410 ILCS 620/12) (from Ch. 56 1/2, par. 512)Sec. 12. 
		
		(a) When the Director finds after investigation that the
distribution in Illinois of any class of food may, by reason of
contamination with microorganisms during manufacture, processing or packing
thereof in any locality, be injurious to health and that such injurious
nature cannot be adequately determined after such articles have entered
commerce, and in such case only, he shall promulgate regulations providing
for the issuance to manufacturers, processors of packers of such class of
food in such locality of permits to which shall be attached such conditions
governing the manufacture, processing or packing of such class of food for
such temporary period of time as may be necessary to protect the public
health; and after the effective date of such regulations and during such
temporary period no person shall introduce or deliver for introduction into
commerce any such food manufactured, processed or packed by any such
manufacturer, processor or packer unless such manufacturer, processor or
packer holds a permit issued by the Director as provided by such
regulations.(b) The Director is authorized to suspend immediately upon notice any
permit issued under authority of this Section if it is found that any of
the conditions of the permit have been violated. The holder of a permit so
suspended shall be privileged at any time to apply for the reinstatement of
such permit and the Director shall, immediately after prompt hearing and an
inspection of the establishment, reinstate such permit if it is found that
adequate measures have been taken to comply with and maintain the
conditions of the permit as originally issued or as amended.(c) Any officer or employee designated by the Director shall have access
to any factory or establishment, the operator of which holds a permit from
the Director, for the purpose of ascertaining whether or not the conditions
of the permit are being complied with. Denial of access for such inspection
shall be ground for suspension of the permit until such access is freely
given by the operator.
		(Source: Laws 1967, p. 959.) (410 ILCS 620/12.1) (from Ch. 56 1/2, par. 512.1)Sec. 12.1. 
		
		The Director may promulgate regulations exempting
from any labeling requirement of this Act:(1) small open containers of fresh fruits and fresh vegetables and(2) food which is, in accordance with the practice of the trade, to be
processed, labeled or repacked in substantial quantities at establishments
other than those where originally processed or packed, on condition that
such food is not adulterated or misbranded under the provisions of this Act
upon removal from such processing, labeling or repacking establishment.Food labeling exemptions adopted under
authority of the Federal Food, Drug and Cosmetic Act and supplements thereto
or revisions thereof shall apply to food in this State except insofar as modified
or rejected by regulations promulgated by the Director.
		(Source: P.A. 84-891.) (410 ILCS 620/13) (from Ch. 56 1/2, par. 513)Sec. 13. 
		
		(a) Any added poisonous or deleterious substance, any food
additive, any pesticide chemical in or on a raw agricultural commodity or
any color additive shall with respect to any particular use or intended use
be deemed unsafe for the purpose of application of clause (2) (a) of
Section 10(a) with respect to any food, Section 14(a) with respect to
any drug or device or Section 18(a) with respect to any cosmetic, unless
there is in effect a regulation pursuant to Section 21 of this Act or
subsection (b) of this Section limiting the quantity of such substance and
the use or intended use of such substance conforms to the terms prescribed
by such regulation. While such regulation or a regulation under the Federal
Act relating to such substance is in effect, a food, drug or cosmetic
shall not, by reason of bearing or containing such substance in accordance
with the regulation, be considered adulterated within the meaning of clause
1, Section 10(a), Section 14(a) or Section 18(a).(b) The Director, when public health or other considerations in this
State so require, is authorized to adopt, amend or repeal regulations,
whether or not in accordance with regulations promulgated under the Federal
Act, prescribing therein tolerances for any added poisonous or deleterious
substances, for food additives, for pesticide chemicals in or on raw
agricultural commodities for direct human consumption or manufactured
food products or for color
additives, including, but not limited
to, zero tolerances and exemptions from tolerances in the case of pesticide
chemicals in or on raw agricultural commodities for direct human
consumption or manufactured food products and prescribing the
conditions under which a food additive or a color additive may be safely
used and exemptions where such food additive or color additive is to be
used solely for investigational or experimental purposes.
		(Source: P.A. 84-891.) (410 ILCS 620/14) (from Ch. 56 1/2, par. 514)Sec. 14. 
		A drug or device is adulterated: 
		(a) (1) If it consists in
whole or in part of any filthy, putrid or
decomposed substance; or (2) (A) if it has been produced, prepared, packed
or held under unsanitary conditions whereby it may have been contaminated
with filth or whereby it may have been rendered injurious to health; or (B)
if it is a drug and the methods used in, or the facilities or controls used
for, its manufacture, processing, packing or holding do not conform to or
are not operated or administered in conformity with current good
manufacturing practice to assure that such drug meets the requirements of
the Act as to safety and has the identity and strength and meets the
quality and purity characteristics which it purports or is represented to
possess; or (3) if it is a drug and its container is composed, in whole or
in part, of any poisonous or deleterious substance which may render the
contents injurious to health; or (4) if (A) it is a drug and it bears or
contains, for purposes of coloring only, a color additive which is unsafe
within the meaning of Section 706 of the Federal Act or (B) it is a
color additive, the intended use of which in or on drugs or devices is
for purposes of coloring only and
is unsafe within the meaning of Section 706 of the Federal Act; or
(5) if it is a new animal drug which is unsafe within the meaning of Section
512  of the Federal Act; or (6) if it is an animal feed bearing or
containing a new animal drug, and such animal feed is unsafe within the
meaning of Section 512 of the Federal Act.(b) If it purports to be or is represented as a drug the name of which
is recognized in an official compendium, and its strength differs from or
its quality or purity falls below the standard set forth in such
compendium. Such determination as to strength, quality or purity shall be
made in accordance with the tests or methods of assay set forth in such
compendium or in the absence of or inadequacy of such tests or methods of
assay, those prescribed under authority of the Federal Act. No drug defined
in an official compendium is adulterated under this subsection because it
differs from the standard of strength, quality or purity therefor set forth
in such compendium, if its difference in strength, quality or purity from
such standard is plainly stated on its label. When a drug is recognized in
both the United States Pharmacopoeia - National Formulary and the Homeopathic
Pharmacopoeia of
the United States it shall be subject to the requirements of the United
States Pharmacopoeia - National Formulary unless it is labeled and offered
for sale as a
homeopathic drug, in which case it shall be subject to the provisions of
the Homeopathic Pharmacopoeia of the United States and not to those of the
United States Pharmacopoeia - National Formulary.(c) If it is not subject to the provisions of subsection (b) of this
Section and its strength differs from or its purity or quality falls below
that which it purports or is represented to possess.(d) If it is a drug and any substance has been (1) mixed or packed
therewith so as to reduce its quality or strength; or (2) substituted
wholly or in part therefor.(e) If it is, or purports to be or is represented as, a device which
is subject to a performance standard established under Section 514 of the
Federal Act, unless such device is in all respects in conformity with such standard.(f) If it is a device and the methods used in, or the facilities or controls
used for, its manufacture, packing, storage, or installations are not in
conformity with applicable requirements under Section 520(b)(1) of the Federal
Act or an applicable condition as prescribed by an order under Section 520(b)(2)
of the Federal Act.(g) If it is a device for which an exemption has been granted under Section
520(g) of the Federal Act for investigational use and the person who was
granted such exemption fails to comply with a requirement prescribed by
or under such Section.
		(Source: P.A. 84-891.) (410 ILCS 620/15) (from Ch. 56 1/2, par. 515)Sec. 15. 
		
		A drug or device is misbranded - (a) If its labeling is false
or misleading in any particular.(b) If in package form unless it bears a label containing (1) the name
and place of business of the manufacturer, packer or distributor; and (2)
an accurate statement of the quantity of the contents in terms of weight,
measure or numerical count. However, under paragraph (2) of
this subsection
reasonable variations shall be permitted and exemptions as to small
packages shall be allowed, in accordance with regulations prescribed by the
Director or issued under the Federal Act.(c) If any word, statement or other information required by or under
authority of this Act to appear on the label or labeling is not prominently
placed thereon with such conspicuousness (as compared with other words,
statements, designs or devices, in the labeling) and in such terms as to
render it likely to be read and understood by the ordinary person under
customary conditions of purchase and use.(d) If it is for use by man and contains any quantity of the narcotic or
hypnotic substance alpha-eucaine, barbituric acid, beta-eucaine, bromal,
cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marihuana,
morphine, opium, paraldehyde, peyote or sulphonmethane, (or any chemical
derivative of such substance, which derivative, after investigation, has
been found to be and is designated as habit forming, by regulations issued
by the Director under this Act, or by regulations issued pursuant to
Section 502(d) of the Federal Act) unless its label bears the name and
quantity or proportion of such substance or derivative and in juxtaposition
therewith the statement "Warning--May be habit forming".(e) (1) If it is a drug, unless (A) its label bears to the exclusion of any
other nonproprietary name (except the applicable systematic chemical name
or the chemical formula), (i) the established name (as defined in
paragraph (2) of this subsection) of the drug, if
such there be; and (ii), in case it is
fabricated from 2 or more ingredients, the established name and quantity of
each active ingredient, including the kind and quantity or proportion of
any alcohol, and also including whether active or not, the established name
and quantity or proportion of any bromides, ether, chloroform, acetanilid,
acetphenetidin, amidopyrine, antipyrine, atropine, hyoscine, hyoscyamine,
arsenic, digitalis, digitalis glucosides, mercury, ouabain, strophanthin,
strychnine, thyroid or any derivative or preparation of any such substances
contained therein, except the requirement for stating the
quantity of the
active ingredients, other than the quantity of those specifically named in
this paragraph, shall apply only to prescription drugs; and,
(B) for any prescription drug the established name of such drug or
ingredient, as the case may be, on such label (and on any labeling on which
a name for such drug or ingredient is used) is printed prominently and in
type at least half as large as that used thereon for any proprietary name
or designation for such drug or ingredient to
the extent that compliance with the requirements of subclause (ii) of
clause (A) or clause (B) of this paragraph is impracticable, exemptions
may be allowed under regulations promulgated by the Director
or under the Federal Act.(2) As used in paragraph (1) of this subsection (e), "established
name", with respect to a drug or
ingredient thereof, means (A) the applicable official name designated pursuant
to Section 508 of the Federal Act, or (B) if
there is no such name and such drug or such ingredient is an article
recognized in an official compendium, then the official title thereof in
such compendium or (C) if neither clause (A) nor clause (B) of this paragraph
applies, then the common or usual name, if any, of such drug
or of such ingredient. However, where clause (B) of this paragraph applies
to an article recognized in the United States Pharmacopoeia
-
National Formulary and in the Homeopathic Pharmacopoeia under different
official titles, the official title used in the United States
Pharmacopoeia - National Formulary shall apply unless it is labeled and
offered for sale as a homeopathic drug, in which case the official title
used in the Homeopathic Pharmacopoeia shall apply.(3) If it is a device
and it has an established name, unless its label bears, to the exclusion of
any other nonproprietary name, its established name (as defined in paragraph
(4) of this subsection (e)) prominently printed in type at least half as large as that
used thereon for any proprietary name or designation for such device,
except that to the extent compliance with this paragraph (3) is impracticable,
exemptions shall be allowed under regulations promulgated under the Federal
Act.(4) As used in paragraph (3), "established name", with
respect to a device, means (A) the applicable official name of the device
designated pursuant to Section 508 of the Federal Act, (B) if there is no
such name and such device is an article recognized in an official
compendium, then the official title thereof in such compendium, or (C) if
neither clause (A) nor clause (B) of this paragraph applies, then any
common or usual name.(f) Unless its labeling bears (1) adequate directions for use; and (2)
such adequate warnings against use in those pathological conditions or by
children where its use may be dangerous to health or against unsafe dosage
or methods or duration of administration or application in such manner and
form as are necessary for the protection of users. However, where any
requirement of clause (1) of this subsection (f) as applied
to any drug or
device, is not necessary for the protection of the public health, the
Director shall promulgate regulations exempting such drug or device from
such requirements; and the articles exempted under regulations issued under
Section 502(f) of the Federal Act may also be exempt.(g) If it purports to be a drug the name of which is recognized in an
official compendium, unless it is packaged and labeled as prescribed
therein. However, the method of packing may be modified with the consent of
the Director, or if consent is obtained under the Federal Act. When a drug
is recognized in both the United States Pharmacopoeia - National
Formulary  and the Homeopathic
Pharmacopoeia of the United States, it shall be subject to the requirements
of the United States Pharmacopoeia - National Formulary with respect to
packaging and labeling
unless it is labeled and offered for sale as a homeopathic drug, in which
case it shall be subject to the provisions of the Homeopathic Pharmacopoeia
of the United States and not to those of the United States Pharmacopoeia -
National Formulary; and, in the event of inconsistency between the requirements
of this subsection and those of subsection
(e) as to the name by which the drug or its ingredients shall be designated,
the requirements of subsection (e) shall prevail.(h) If it has been found by the Director or under the Federal Act to be
a drug liable to deterioration, unless it is packaged in such form and
manner, and its label bears a statement of such precautions, as the
regulations issued by the Director or under the Federal Act require as
necessary for the protection of public health. No such regulation shall be
established for any drug recognized in an official compendium until the
Director shall have informed the appropriate body charged with the revision
of such compendium of the need for such packaging or labeling requirements
and such body shall have failed within a reasonable time to prescribe such
requirements.(i) (1) If it is a drug and its container is so made, formed or filled
as to be misleading; or (2) if it is an imitation of another drug; or (3)
if it is offered for sale under the name of another drug.(j) If it is dangerous to health when used in the dosage (or manner) or with the
frequency or duration prescribed, recommended or suggested in the labeling
thereof.(k) If it is or purports to be or is represented as a drug composed
wholly or partly of insulin, unless (1) it is a batch with respect to which
a certificate or release has been issued pursuant to Section 506 of the
Federal Act and (2) such certificate or release is in effect with respect
to such drug.(l) If it is or purports to be or is represented as a drug (except a
drug for use in animals other than man) composed
wholly or partly of any kind of penicillin, streptomycin,
chlortetracycline, chloramphenicol or bacitracin or any other antibiotic
drug or any derivative thereof unless (1) it is from a batch with respect
to which a certificate or release has been issued pursuant to Section 507
of the Federal Act and (2) such certificate or release is in effect with
respect to such drug. However, this subsection (l) shall
not apply to any drug
or class of drugs exempted by regulations promulgated under Section 507(c)
or (d) of the Federal Act.  For the purpose of this subsection, "antibiotic
drug" means any drug intended for use by man containing any
quantity of any chemical substance which is produced by a microorganism and
which has the capacity to inhibit or destroy microorganisms in dilute
solution (including the chemically synthesized equivalent of any such
substance).(m) If it is a color additive, the intended use of which in or on drugs
is for the purpose of coloring only, unless its packaging and labeling are
in conformity with such packaging and labeling requirements applicable to
such color additive prescribed under the provision of Section 13(b) or of
the Federal Act.(n) In the case of any prescription drug distributed or offered for sale
in this State, unless the manufacturer, packer or distributor thereof
includes in all advertisements and other descriptive printed matter issued
or caused to be issued by the manufacturer, packer or distributor with
respect to that drug a true statement of (1) the established name as
defined in paragraph (2) of subsection (e) of Section 15 of this
Act, (2) the formula showing
quantitatively each ingredient of such drug to the extent required for
labels under Section 502(e) of the Federal Act, and (3) such other
information in brief summary relating to side effects, contraindications,
and effectiveness as shall be required in regulations issued under the
Federal Act.(o) If it was manufactured, prepared, propagated, compounded or
processed in an establishment in this State not duly registered under
Section 510 of the Federal Act, if it was not included in a list required
by Section 510(j) of the Federal Act, if a notice or other information
respecting it was not provided as required by such Section or Section
510(k) of the Federal Act, or if it does not bear such symbols from the
uniform system for identification of devices prescribed under Section
510(e) of the Federal Act as required by regulation.(p) If a trademark, trade name or other identifying mark, imprint or
device of another or any likeness of the foregoing has been placed thereon
or upon its container with intent to defraud.(q) If it is a drug and its packaging or labeling is
in violation of an applicable regulation issued pursuant to Section 3, 4 or
5 of the Illinois Poison Prevention Packaging Act.(r) In the case of any restricted device distributed or offered for
sale in this State, if (1) its advertising is false or misleading in any
particular, or (2) it is sold, distributed or used in violation or
regulations prescribed under Section 520(e) of the Federal Act.(s) In the case of any restricted device distributed or offered for sale
in this State, unless the manufacturer, packer or distributor thereof
includes in all advertisements and other descriptive printed matter issued
by the manufacturer, packer or distributor with respect to that device (1)
a true statement of the device's established name as defined in Section
502(e) of the Federal Act or subsection (e) of Section 15 of this Act, printed
prominently
and in type at least half as large as that used for any trade or brand name
thereof, and (2) a brief statement of the intended uses of the device and
relevant warnings, precautions, side effects and contraindications and in
the case of specific devices made subject to regulations issued under the
Federal Act, a full description of the components of such device or the
formula showing quantitatively each ingredient of such device to the extent
required in regulations under the Federal Act.(t) If it is a device subject to a performance standard established
under Section 514 of the Federal Act, unless it bears such labeling as may
be prescribed in such performance standard.(u) If it is a device and there was a failure or refusal (1) to comply
with any requirement prescribed under Section 518 of the Federal Act
respecting the device, or (2) to furnish material required by or under
Section 519 of the Federal Act respecting the device.
		(Source: P.A. 84-891.) (410 ILCS 620/16) (from Ch. 56 1/2, par. 516)Sec. 16. 
(a) The Director is hereby authorized to promulgate
regulations exempting from any labeling or packaging requirement of this
Act drugs and devices which are (i) in accordance with the practice of the
trade, to be processed, labeled or repacked in substantial quantities at
establishments other than those where originally processed or packaged on
condition that such drugs and devices are not adulterated or misbranded
under the provisions of this Act upon removal from such processing,
labeling or repacking establishment or (ii) packaged, repackaged, or labeled to the
extent permitted under the Illinois Drug Reuse Opportunity Program Act.(b) Drugs and device labeling or packaging exemptions adopted under the
Federal Act and supplements thereto or revisions thereof shall apply to
drugs and devices in Illinois except insofar as modified or rejected by
regulations promulgated by the Director.(c) A drug intended for use by man which (A) is a habit-forming drug to
which Section 15 (d) applies; or (B) because of its toxicity or other
potentiality for harmful effect or the method of its use or the collateral
measures necessary to its use is not safe for use except under the
supervision of a practitioner licensed by law to administer such drug; or
(C) is limited by an approved application under Section 505 of the Federal
Act or Section 17 of this Act to use under the professional supervision of
a practitioner licensed by law to administer such drug, shall be dispensed
only in accordance with the provisions of the "Illinois Controlled
Substances Act". The act of dispensing a drug contrary to the provisions of
this paragraph shall be deemed to be an act which results in a drug being
misbranded while held for sale.(d) Any drug dispensed by filling or refilling a written
or oral prescription of a practitioner licensed by law to administer such
drug shall be exempt from the requirements of Section 15, except
subsections (a), (k) and (l) and clauses (2) and (3) of subsection (i), and
the packaging requirements of
subsections (g), (h) and (q), if the drug bears a label containing the
proprietary name or names, or if there is none, the established name or
names of the drugs, the dosage and quantity, unless the prescribing
practitioner, in the interest of the health of the patient, directs
otherwise in writing, the name and address of the dispenser, the serial
number and date of the prescription or of its filling, the name of the
prescriber and, if stated in the prescription, the name of the patient, and
the directions for use and the cautionary statements, if any, contained in
such prescription. This exemption shall not apply to any drug dispensed in
the course of the conduct of business of dispensing drugs pursuant to
diagnosis by mail, or to a drug dispensed in violation of subsection (a) of
this Section.(e) The Director may by regulation remove drugs subject to
Section 15 (d) and Section 17 from the requirements of subsection (c) of
this Section when such requirements are not necessary for the protection of
the public health.(f) A drug which is subject to subsection (c) of this Section
shall be deemed to be misbranded if at any time before dispensing its label
fails to bear the statement "Caution: Federal Law Prohibits Dispensing Without
Prescription" or "Caution: State Law Prohibits Dispensing Without
Prescription". A drug to which subsection (c) of this Section does not apply
shall be deemed to be misbranded if at any time prior to dispensing its
label bears the caution statement quoted in the preceding sentence.(g) Nothing in this Section shall be construed to relieve
any person from any requirement prescribed by or under authority of law
with respect to controlled substances now included or which may hereafter
be included within the classifications of controlled substances cannabis as
defined in applicable Federal laws relating to controlled substances or
cannabis or the Cannabis Control Act.
(Source: P.A. 102-389, eff. 1-1-22.) (410 ILCS 620/16.5)Sec. 16.5. 
		Single-use surgical devices.(a) The General Assembly finds that certain surgical devices are designed to
be used for only one surgical procedure. Further, the reuse, recycling, and
refurbishing of
surgical devices intended for single use have been linked to cases of patient
infection, chemical injury, and mechanical failure. It is therefore the purpose
of this Section to protect the public health and safety by prohibiting the
unregulated reuse, recycling, and refurbishing of single-use surgical devices.(b) For purposes of this Section, "single-use surgical device" means a
cardiac catheter, angioplasty balloon catheter, arthroscopic knee surgery
blade, and any other device
marketed or sold as a disposable or single-use
device as
 determined by rule of  the Department of Public
Health to be designed for use in a single surgical procedure to avoid risk of
infection from improper sterilization or risk of mechanical failure posed by
subsequent use.(c) No person shall knowingly reuse, recycle or refurbish for reuse, or
provide for reuse of a single-use
surgical device.
However, this Section does not apply to persons who utilize, recycle or
reprocess for utilization, or provide for utilization a single-use surgical
device that has been reprocessed by an entity or person registered with and
regulated by the United States Food and Drug Administration or reprocessed by a
hospital licensed under the Hospital Licensing Act or the University of
Illinois Hospital Act.
A person convicted of violating this subsection is
guilty of a business offense and shall be fined not less than $1,000 for the
first violation and not less than $2,000 for a second or subsequent
violation.
		(Source: P.A. 90-398, eff. 1-1-98.) (410 ILCS 620/17) (from Ch. 56 1/2, par. 517)Sec. 17. 
		
		(a) No person shall sell, deliver, offer for sale, hold for
sale or give away any new drug unless (1) an application with respect thereto
has been
approved and the approval has not been withdrawn under Section 505 of the
Federal Act, and (2) a copy of the letter of approval or approvability
issued by the Federal Food and Drug Administration is on file with the
Director, if the product is manufactured in the State of Illinois.(b) No person shall use in human beings or animals a new drug or new
animal drug limited to investigational use unless the person has filed
with the Federal Food
and Drug Administration a completed and signed "Notice of
claimed investigational exemption for a new drug" form in accordance with
Section 312.1 of Title 21 of the Code of Federal Regulations (1980) and
the exemption has not been terminated. The drug shall be plainly labeled
in compliance with
Section 505(i) or 507(d) of the Federal Act.(c) This Section shall not apply:(1) to any drug which is not a new drug as defined in the Federal Act;
or(2) to any drug which is licensed under the Public Health Service Act of
July 1, 1944 or under the animal virus-serum-toxin law of March 4, 1913; or(3) to any drug which is subject to Section 15(l) of this Act.
		(Source: P.A. 84-891.) (410 ILCS 620/17.1) (from Ch. 56 1/2, par. 517.1)Sec. 17.1. 
		
		(a) (1) A new animal drug shall, with respect to any particular
use or intended use of such drug, be deemed unsafe for the purposes of this
Act unless, (A) there is in effect an approval of an application filed pursuant
to Section 512(b) of the Federal Act with respect to such use or intended
use of such drug, and (B) such drug, its labeling and such use conforms
to such approved application.A new animal drug shall also be deemed unsafe for such purposes in the
event of removal from the establishment of a manufacturer, packer or distributor
of such drug for use in the manufacture of animal feed in this State unless
at the time of such removal the manufacturer, packer or distributor has
an unrevoked written statement from the consignee of such drug, or notice
pursuant to Section 512(a) of the Federal Act to the effect that, with respect
to the use of such drug in animal feed, such consignee (i) is the holder
of an approved application under Section 512(m) of the Federal Act, or (ii)
will, if the consignee is not a user of the drug, ship such drug only to
a holder of an approved application under Section 512(m) of the Federal Act.(2) An animal feed bearing or containing a new animal drug shall, with
respect to any particular use or intended use of such animal feed, be deemed
unsafe for the purposes of this Act unless (A) there is in effect an approval
of an application filed pursuant to Section 512(b) of the Federal Act with
respect to such drug, as used in such animal feed, (B) there is in effect
an approval of an application pursuant to Section 512(m)(1) of the Federal
Act with respect to such animal feed, and (C) such animal feed, its labeling,
and such use conform to the conditions and indications of
use published pursuant to Section 512(i) of the Federal Act and to the application
with respect thereto approved under Section 512(m) of the Federal Act.(3) A new animal drug or an animal feed bearing or containing a new animal
drug shall not be deemed unsafe for the purposes of this Act if such article
is for investigational use and conforms to the terms of an exemption in
effect with respect thereto under Section 512(j) of the Federal Act.
		(Source: P.A. 84-891.) (410 ILCS 620/17.2)Sec. 17.2. Cosmetic testing on animals.(a) In this Section:"Animal test" means the internal or external application of a cosmetic, either in its final form or any ingredient thereof, to the skin, eyes, or other body part of a live, nonhuman vertebrate."Cosmetic" has the meaning provided in Section 2 of this Act."Ingredient" means any component of a cosmetic product as defined by Section 700.3 of Title 21 of the Code of Federal Regulations."Manufacturer" means any person whose name appears on the label of a cosmetic in package form under Section 701.12 of Title 21 of the Code of Federal Regulations."Supplier" means any entity that supplies, directly or through a third party, any ingredient used in the formulation of a manufacturer's cosmetic.(b) Notwithstanding any other law, it is unlawful for a manufacturer to import for profit, sell, or offer for sale in this State any cosmetic, if the cosmetic was developed or manufactured using an animal test that was conducted or contracted by the manufacturer, or any supplier of the manufacturer, on or after January 1, 2020.(c) The prohibitions in subsection (b) do not apply to the following:(1) An animal test of any cosmetic that is required     by a federal or State regulatory authority, if each of the following apply:(A) an ingredient is in wide use and cannot be         replaced by another ingredient capable of performing a similar function;(B) a specific human health problem is         substantiated and the need to conduct animal tests is justified and supported by a detailed research protocol proposed as the basis for the evaluation; and(C) there is not a nonanimal alternative method         accepted for the relevant endpoint by the relevant federal or State regulatory authority.(2) An animal test that was conducted to comply with     a requirement of a foreign regulatory authority, if no evidence derived from the test was relied upon to substantiate the safety of the cosmetic being sold in Illinois by the manufacturer.(3) An animal test that was conducted on any product     or ingredient subject to the requirements of Subchapter V of the Federal Food, Drug, and Cosmetic Act.(4) An animal test that was conducted for noncosmetic     purposes in response to a requirement of a federal, State, or foreign regulatory authority, if no evidence derived from the test was relied upon to substantiate the safety of the cosmetic sold in Illinois by the manufacturer. A manufacturer is not prohibited from reviewing, assessing, or retaining evidence from an animal test conducted under this paragraph.(d) A violation of this Section shall be punishable by an initial civil penalty of $5,000 for the first day of each violation and  an additional civil penalty of $1,000 for each day the violation continues.(e) A violation of this Section may be enforced by the State's Attorney of the county in which the violation occurred. The civil penalty shall be paid to the entity that is authorized to bring the action.(f) A State's Attorney may, upon a determination that there is a reasonable likelihood of a violation of this Section, review the testing data upon which a cosmetic manufacturer has relied in the development or manufacturing of the relevant cosmetic product sold in this State. Information provided under this Section shall be protected as a trade secret as defined in Section 2 of the Illinois Trade Secrets Act. In an action under this Section, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval. Consistent with the procedures described in this subsection, a State's Attorney shall enter a protective order with a manufacturer before receipt of information from a manufacturer under this Section, and shall take other appropriate measures necessary to preserve the confidentiality of information provided under this Section.(g) This Section does not apply to animal testing conducted on an ingredient or cosmetic in its final form if the testing took place prior to the effective date of this amendatory Act of the 101st General Assembly.(h) Notwithstanding any other provision of this Section, cosmetic inventory in violation of this Section may be sold for a period of 180 days.(i) A home rule unit may not regulate the testing of cosmetics on animals in a manner inconsistent with the regulation by the State of the testing of cosmetics on animals under this Section. This subsection is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. 
(Source: P.A. 101-303, eff. 8-9-19.) (410 ILCS 620/18) (from Ch. 56 1/2, par. 518)Sec. 18. 
		A cosmetic is adulterated:(a) If it bears or contains any poisonous or deleterious substance which
may render it injurious to users under the conditions of use prescribed in
the labeling or advertisement thereof or under such conditions of use as
are customary or usual. However, this provision shall not apply to coal-tar
hair dye, the label of which bears the following legend conspicuously
displayed thereon: "Caution--This product contains ingredients which may
cause skin irritation on certain individuals and a preliminary test
according to accompanying directions should first be made. This product
must not be used for dyeing the eyelashes or eyebrows; to do so may cause
blindness", and the labeling of which bears adequate directions for such
preliminary testing. For the purpose of this paragraph and paragraph (e)
the term "hair dye" shall not include eyelash dyes or eyebrow dyes.(b) If it consists in whole or in part of any filthy, putrid or
decomposed substance.(c) If it has been produced, prepared, packed or held under unsanitary
conditions whereby it may have become contaminated with filth or whereby it
may have been rendered injurious to health.(d) If its container is composed in whole or in part of any poisonous or
deleterious substance which may render the contents injurious to health.(e) If it is not a hair dye and it is or it bears or contains a color
additive which is unsafe within the meaning of the Federal Act.
		(Source: Laws 1967, p. 959.) (410 ILCS 620/19) (from Ch. 56 1/2, par. 519)Sec. 19. 
		A cosmetic is misbranded:(a) If its labeling is false or misleading in any particular.(b) If in package form unless it bears a label containing (1) the name
and place of business of the manufacturer, packer or distributor; and (2)
an accurate statement of the quantity of the contents in terms of weight,
measure or numerical count. However, under paragraph (2) of
this subsection
reasonable variations shall be permitted and exemptions as to small
packages shall be established by regulations prescribed by the Director.(c) If any word, statement or other information required by or under
authority of this Act to appear on the label or labeling is not
prominently placed thereon with such conspicuousness (as compared with
other words, statements, designs or devices, in the labeling) and in such
terms as to render it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use.(d) If its container is so made, formed or filled as to be misleading.(e) If it is a color additive, unless its packaging and labeling are in
conformity with such packaging and labeling requirements applicable to such
color additive prescribed under the provisions of the Federal Act. This
subsection shall not apply to packages of color additives
which with respect
to their use for cosmetics are marketed and intended for use only in or on
hair dyes (as defined in the last sentence of Section 18(a).(f) The Director may promulgate regulations exempting from any
labeling requirement of this Act cosmetics which are in accordance with the
practice of the trade, to be processed, labeled or repacked in substantial
quantities at an establishment other than the establishment where it was
originally processed or packed, on condition that such cosmetics are not
adulterated or misbranded under the provisions of this Act upon removal
from such processing, labeling or repacking establishment.  Cosmetic
labeling exemptions adopted under the Federal Act and supplements thereto
or revisions thereof shall apply to cosmetics in Illinois except insofar as
modified or rejected by regulations promulgated by the Director.(g) If its packaging or labeling is in violation of an applicable
regulation issued pursuant to Section 3, 4 or 5 of the Illinois Poison
Prevention Packaging Act.
		(Source: P.A. 84-891.) (410 ILCS 620/20) (from Ch. 56 1/2, par. 520)Sec. 20. 
		False or misleading advertisement.(a) An advertisement of a food, drug, device or cosmetic shall be
deemed to be false if it is false or misleading in any particular.(b) For the purpose of this Act the advertisement of a drug or device
representing it to have any effect in albuminuria, appendicitis,
arteriosclerosis, blood poison, bone disease, Bright's disease, cancer,
carbuncles, cholecystitis, diabetes, diphtheria, dropsy, erysipelas,
gallstones, heart and vascular diseases, high blood pressure, mastoiditis,
measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia,
poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis,
scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis,
tumors, typhoid, uremia and sexually transmitted disease shall
also be deemed to be
false, except that no advertisement not in violation of subsection (a)
shall be deemed to be false under this subsection if it is disseminated
only to members of the medical, dental or veterinary professions or appears
only in the scientific periodicals of these professions or is disseminated
only for the purpose of public-health education by persons not commercially
interested directly or indirectly in the sale of such drugs or devices.
However, whenever the Director determines that an advance in medical
science has made any type of self-medication safe as to any of the diseases
named above, the Director shall by regulation authorize the advertisement
of drugs having curative or therapeutic effect for such disease, subject to
such conditions and restrictions as the Director may deem necessary in the
interests of public health.  However, this subsection shall not be construed
as indicating that self-medication for diseases other than those named
herein is safe or efficacious.
		(Source: P.A. 89-187, eff. 7-19-95; 90-655, eff. 7-30-98.) (410 ILCS 620/21) (from Ch. 56 1/2, par. 521)Sec. 21. 
		
		(a) The authority to promulgate regulations for the efficient
enforcement of this Act is vested in the Director. The Director is
authorized to make the regulations promulgated under this Act conform, in
so far as practicable, with those promulgated under the Federal Act.(b) Hearings authorized or required by this Act shall be conducted by
the Director or an officer, agent or employee designated by him.(c) All pesticide chemical regulations and supplements thereto or revisions
thereof adopted under authority
of the Federal Food, Drug and Cosmetic Act are the pesticide chemical regulations
in this State, except insofar as modified or rejected by regulations for
finished foods promulgated
by the Director.(d) All food additive regulations and supplements thereto or revisions
thereof adopted under authority
of the Federal Food, Drug and Cosmetic Act are the
food additive regulations in this State, except insofar as modified or
rejected by regulations promulgated by the Director.(e) All color additive regulations and supplements thereto or revisions
thereof adopted under authority
of the Federal Food, Drug and Cosmetic Act are the
color additive regulations in this State, except insofar as modified or
rejected by regulations promulgated by the Director.(f) All special dietary use regulations and supplements thereto or revisions
thereof adopted under authority
of the Federal Food, Drug and Cosmetic
Act are the special dietary use regulations in this State, except insofar
as modified or rejected by regulations promulgated by the Director.(g) All bottled water and vended water device regulations and
supplements thereto or revisions thereof adopted under the authority of the
Federal Food, Drug and Cosmetic Act are the bottled water and vended water
device regulations in this State except insofar as modified or rejected by
regulations promulgated by the Director.(h) All infant formula regulations and supplements thereto or revisions
thereof adopted under the authority of the Federal Food, Drug and Cosmetic Act
are the infant formula regulations in this State except insofar as modified
or rejected by regulations promulgated by the Director.(i) All food, drug, device and cosmetic Good Manufacturing Practices
Regulations and supplements thereto or revisions thereof adopted under the
authority of Federal Food, Drug and Cosmetic Act are the food, drug, device
and cosmetic Good Manufacturing Practices Regulations in this State, except
insofar as modified or rejected by regulations promulgated by the Director.(j) A federal regulation automatically adopted pursuant to this Act
takes effect in this State on the date it becomes effective as a Federal
regulation. No publication or hearing is required. The Director shall promulgate
all other proposed regulations in compliance with the requirements
of The Illinois Administrative Procedure Act.
		(Source: P.A. 84-891.) (410 ILCS 620/21.1) (from Ch. 56 1/2, par. 521.1)Sec. 21.1. 
		
		The Director shall, in accordance with this Act, promulgate
rules and standards for manufactured dairy farms, manufactured dairy
plants, bulk milk hauler-samplers, bulk milk pickup tanks, certified
pasteurizer sealers, and manufactured dairy products.
		(Source: P.A. 89-526, eff. 7-19-96.) (410 ILCS 620/21.2) (from Ch. 56 1/2, par. 521.2)Sec. 21.2. 
		
		After July 1, 1986, it shall be unlawful for any person to
establish, maintain, conduct or operate a manufactured dairy farm or
manufactured
dairy plant, or to process milk for manufacturing purposes or manufactured
dairy products, or to haul or sample milk for manufacturing purposes within
this State, without first obtaining a permit therefor from the Department.It shall be unlawful for any person to bring into Illinois or
distribute in Illinois any ice cream, ice cream mix or frozen desserts
produced at a plant located outside Illinois, unless the plant has first
obtained a permit from the Department.The Department may prescribe and conduct examinations, a portion of which
may be written, to test the knowledge of bulk milk hauler-samplers and
certified pasteurizer sealers as a
condition for awarding permits.Permits issued by the Department for manufactured dairy plants and
certified pasteurizer sealers shall expire
on December 31 of each year.  Permits issued to bulk milk hauler-samplers
shall expire on March 31 of each year.It is unlawful for any person to own or
operate a bulk milk pickup tank without first
obtaining a permit from the Department.  Permits issued by the Department for
bulk milk
pickup tanks shall have no expiration date and shall remain valid unless
revoked by the Department for noncompliance with the rules promulgated under
this Act or the bulk milk pickup tank is transferred or removed from
service.Permits issued for manufactured dairy farms shall have no expiration date
and shall remain valid indefinitely unless revoked by the Department for
noncompliance with the rules promulgated under this Act or discontinuation
of the  dairy farm operation for which a
permit was issued.Applications for original permits or renewals shall be made on forms
furnished
by the Department.  Each application shall contain:  (1) the name and address
of the applicant or names and addresses of the partners if the applicant
is a partnership, or the names and addresses of the officers if the applicant
is a corporation, or the names and addresses of all persons having a financial
interest therein if the applicant is a group of individuals, association
or trust; and (2) the location of the manufactured dairy farm, manufactured
dairy plant, certified pasteurizer sealer, bulk milk pickup tank, or bulk
milk hauler-sampler.  A permit shall be valid only
in the hands of the person to whom it is issued and shall not be the subject
of sale, assignment or other transfer, voluntary or involuntary, nor shall
the permit be valid for any premises, bulk milk pickup tank, certified
pasteurizer sealer, or bulk milk hauler-sampler other than
the one for which it was originally issued.The Department shall charge a fee of $100 for each permit issued
to a
manufactured dairy plant, $100 for each permit issued to an
out-of-state
ice cream, ice cream mix and frozen dessert plant, $25 for each
permit issued to a bulk milk
hauler-sampler, $25 for each permit issued for a bulk milk pickup tank, and
$100
for each certified pasteurizer sealer.In addition to such fees, the Department shall assess a late fee if an
application for renewal of a permit is received after the expiration date
of the existing permit.  The late fee shall be $50 for a permit issued to a
milk plant; $25 for a permit issued to a receiving station, transfer
station, or cleaning and sanitizing facility; and $15 for a permit issued
to a bulk milk hauler-sampler.  All permit fees collected shall be deposited
into the
Food and Drug Safety Fund.In addition to such fees, the Department may assess a penalty whenever
milk is adulterated with a violative drug residue.  The penalty shall be
equivalent to the suspension of milk shipment for 48 hours for the first
offense and 96 hours for the second and third offense.  The Department shall
adopt these penalties by rule.  Penalties collected by the Department shall be
deposited into the Food and Drug Safety Fund.
		(Source: P.A. 88-600, eff. 9-1-94; 89-526, eff. 7-19-96.) (410 ILCS 620/21.3)Sec. 21.3. Certificates of free sale; health certificates; shellfish
certificates.(a) The Department is authorized, upon request, to issue certificates of
free sale, health certificates,
or an
equivalent, to Illinois food, dairy, drug, cosmetic, or medical device
manufacturers, processors, packers, or
warehousers. The Department shall charge a fee of $10 for issuing a
certificate of free sale, health certificate, or equivalent.(b) The Department shall issue an Illinois shellfish certificate, upon
request,
to
shellfish firms in compliance with the National Shellfish Sanitation Program Model Ordinance.(c) This Section applies on and after January 1, 2003.
(Source: P.A. 97-135, eff. 7-14-11.) (410 ILCS 620/21.4)Sec. 21.4. Catfish labeling.(a) As used in this Section:"Catfish" means any species within the family Ictaluridae."Menu" means any form from which a customer is offered food and beverage, including, but not limited to, traditional printed listings, white boards, chalkboards, and buffet labels."Primarily engaged" means having sales of ready-to-eat food for immediate consumption comprising at least 51% of the total sales, excluding the sale of liquor."Restaurant" means any business that is primarily engaged in the sale of ready-to-eat food for immediate consumption."Similar fish" means species of fish similar to catfish, but within the families of Siluridae, Clariidae, and Pangasiidae.(b) A restaurant shall not label a menu item as containing catfish unless the item contains catfish.(c) An individual may file a complaint alleging a violation of subsection (b) of this Section with the Department of Public Health or a local health department. The complaint must include a copy, electronic copy, or photograph of the menu. After receiving a complaint that meets the requirements of this subsection, the Department of Public Health or local health department shall notify the restaurant in writing that there has been a complaint alleging a violation of subsection (b). The notice must include information concerning the penalties for violating this Section.If the Department of Public Health or a local health department receives 2 separate complaints for a restaurant that meet the requirements of this subsection, then the Department of Public Health or local health department shall inspect the menu, books, records, and inventory of the restaurant to determine whether, in the Department of Public Health's or local health department's discretion, the item advertised on the restaurant's menu is consistent with the books, records, and inventory of the restaurant.(d) If a restaurant is found to be in violation of this Section following an inspection under subsection (c) of this Section for the first time, then the Department of Public Health or local health department shall: (1) notify the restaurant in writing that the restaurant must correct the mislabeling within 14 days after receiving the notice and (2) impose a $250 fine upon the restaurant.The Department of Public Health or local health department shall impose a $1,000 fine upon a restaurant found to be in violation of this Section a second time.For a restaurant found to be in violation of this Section a third or subsequent time, the Department of Public Health or local health department shall (1) impose a $5,000 fine, (2) suspend the restaurant's license, or (3) both.(e) A restaurant found to be incorrectly labeling a menu item as containing catfish shall not be held liable for a violation of this Section by reason of the conduct of another if the restaurant relied on the designation provided by the restaurant's supplier, unless the restaurant willfully disregarded information establishing that the designation was false.If a restaurant's records indicate that it has purchased both catfish and similar fish from its suppliers and the restaurant labels an item on its menu as containing a similar fish, then the restaurant shall not be held liable for a violation of this Section.(f) The Department of Public Health may adopt any rules necessary to implement this Section. 
(Source: P.A. 100-394, eff. 7-1-18.) (410 ILCS 620/21.5)Sec. 21.5. Default beverage for children's meals.(a) In this Section:"Children's meal" means a combination of food items sold for a single price intended for consumption by children."Default beverage" means a beverage automatically included as part of a children's meal absent a specific
request by the purchaser of the children's meal for an alternative beverage."Restaurant" has the same meaning provided in Section 21.4 of this Act.(b) Notwithstanding any other provision of law, a restaurant shall, by default, include one of the following default beverages with a children's meal sold by the restaurant:(1) water with no added natural or artificial     sweeteners;(2) sparkling water with no added natural or     artificial sweeteners;(3) flavored water with no added natural or     artificial sweeteners;(4) nonfat or 1% dairy milk containing no more than     130 calories per container or serving as offered for sale;(5) nondairy milk alternatives:(A) with no added natural or artificial         sweeteners;(B) containing no more than 130 calories per         container or serving as offered for sale; and(C) meeting the standards for the National School         Lunch Program as set forth in 7 CFR 210.10; or(6) 100% fruit or vegetable juice or juice combined     with water or carbonated water, with no added sweeteners, in a serving size of no more than 8 ounces.(c) A restaurant may include a beverage with a children's meal that is not listed under subsection (b) upon request.(d) A beverage listed or displayed on a restaurant menu or in-store advertisement for a children's meal shall be one of the default
beverages listed in subsection (b).(e) During any inspection of a restaurant by a health officer or health inspector of a local health department, the health officer or health inspector shall inspect the restaurant to determine whether it complies with this Section.(f) A restaurant that violates this Section is subject to:(1) a warning for a first offense;(2) a civil penalty of
$25 for a second offense; and(3) a civil penalty of $100 for a third or subsequent     offense.An executive officer of a certified local public
health department, or his or her designee, may charge and collect the civil penalties under this subsection.(g) The Department of Public Health may adopt any rules it deems necessary for the implementation, administration, and
enforcement of this Section. 
(Source: P.A. 102-529, eff. 1-1-22; 102-681, eff. 12-10-21.) (410 ILCS 620/22) (from Ch. 56 1/2, par. 522)Sec. 22. 
		
		(a) For purposes of enforcement of this Act, officers or employees
designated by the Director, or the Director of Agriculture, where
applicable, upon presenting appropriate credentials and a
written notice to the owner, operator, agent or most responsible
person in charge, are authorized
(1) to enter at reasonable times any factory, warehouse or establishment in
which food, drugs, devices or cosmetics are manufactured, processed, packed
or held for introduction into commerce or after such introduction or to
enter any vehicle being used to transport or hold such food, drugs, devices
or cosmetics in commerce; and (2) to inspect at reasonable times and within
reasonable limits and in a reasonable manner such factory, warehouse,
establishment or vehicle and all pertinent equipment, finished and
unfinished materials, containers and labeling therein and to obtain samples
necessary to the enforcement of this Act. In the case of any
factory, warehouse, establishment or consulting laboratory in which
prescription drugs are manufactured, processed, packed or held, the
inspection shall extend to all things therein (including records, files,
papers, processes, controls and facilities) bearing on whether prescription
drugs which are adulterated or misbranded within the meaning of this Act or
which may not be manufactured, introduced into commerce or sold or offered
for sale by reason of any provision of this Act, have been or are being
manufactured, processed, packed, transported or held in any such place or
otherwise bearing on violation of this Act. No inspection authorized for
prescription drugs by the preceding sentence shall extend to (A) financial
data, (B) sales data other than shipment data, (C) pricing data, (D)
personnel data (other than data as to qualifications of technical and
professional personnel performing functions subject to this Act), and (E)
research data (other than data, relating to new drugs, antibiotic
drugs and new animal drugs subject to reporting and inspection
under regulations lawfully issued
pursuant to Section 505 (i) or (j) or Section 507 (d) or (g) of the Federal
Act, and data, relating to other drugs or devices, which in the case
of a new drug or device would be subject to reporting or inspection
under lawful regulations issued
pursuant to Section 505 (j) or   519 of the Federal Act. A separate notice shall be
given for each such inspection, but a notice shall not be required for each
entry made during the period covered by the inspection. Each such
inspection shall be commenced and completed with reasonable promptness. The
provisions of the second sentence of this subsection shall not apply to:(1) pharmacies which maintain establishments in conformance with
Illinois laws regulating the practice of pharmacy and medicine and which
are regularly engaged in dispensing prescription drugs or devices, upon
prescriptions
of practitioners licensed to administer such drugs or devices to patients under the
care of such practitioners in the course of their professional practice and
which do not, either through a subsidiary or otherwise, manufacture,
prepare, propagate, repackage, compound, process or distribute
drugs or devices for sale other than in the
regular course of their business of dispensing or selling drugs or devices
at retail;(2) practitioners licensed by law to prescribe or administer drugs or
prescribe or use devices and who manufacture, prepare, propagate, repackage,
compound, process or distribute drugs or devices solely for
use in the course of their professional practice;(3) persons who manufacture, prepare, propagate, repackage,
compound,  process
or distribute drugs or devices solely for use in research, teaching
or chemical analysis and not for
sale;(4) such other classes of persons as the Director may by regulation
exempt from the application of this Section upon a finding that inspection
as applied to such classes of persons in accordance with this Section is
not necessary for the protection of the public health.(b) An authorized agent making an inspection under subsection (a) for
purposes of enforcing the requirements applicable to infant formulas shall
be permitted, at all reasonable times, to have access to and to copy and
verify any records (1) bearing on whether the infant formula manufactured
or held in the facility inspected meets the requirements of this Act, or
(2) required to be maintained under provisions of this Act.(c) Upon completion of any such inspection of a factory, warehouse,
consulting laboratory or other establishment and prior to leaving the
premises, the officer or employee making the inspection shall give to the
owner, operator, agent or most responsible person in charge
a report in writing setting forth any
conditions or practices observed by him which in his judgment indicate that
any food, drug, device or cosmetic in such establishment (1) consists in
whole or in part of any filthy, putrid or decomposed substance or (2) has
been prepared, packed or held under unsanitary conditions whereby it may
have become contaminated with filth or whereby it may have been rendered
injurious to health. A copy of such report shall be sent promptly to the
Director.(d) If the officer or employee making any such inspection of a factory,
warehouse or other establishment has obtained any sample in the course of
the inspection, upon completion of the inspection and prior to leaving the
premises he shall give to the owner, operator, agent or most
responsible person in charge a receipt
describing the samples obtained.(e) When in the course of any such inspection of a factory or other
establishment where food is manufactured, processed or packed, the officer
or employee making the inspection obtains a sample of any such food and an
analysis is made of such sample for the purpose of ascertaining whether
such food consists in whole or in part of any filthy, putrid or decomposed
substance or is otherwise unfit for food, a copy of the results of such
analysis shall be furnished promptly to the owner, operator,
agent or most responsible person in charge.(f) Every person required under this Act or Section 519 or 520(q) of
the Federal Act to maintain records and every person who is in charge or
custody of such records shall, upon request of an authorized agent designated
by the Director, permit such authorized agent at all reasonable times to
have access and to copy and verify such records.(g) For the purpose of enforcing the provisions of this Act, carriers
engaged in commerce, and persons receiving food, drugs, devices or cosmetics
in commerce or holding such articles so received, shall, upon the request
of an authorized agent duly designated by the Director, permit such authorized
agent, at reasonable times, to have access to and to copy all records showing
the movement in commerce of any food, drug, device or cosmetic, or the holding
thereof during or after such movement, and the quantity, shipper
and consignee thereof; and it shall be unlawful for any such carrier or
person to fail to permit such access to and copying of any such record so
requested when such request is accompanied by a statement in writing specifying
the nature or kind of food, drug, device or cosmetic to which such request
relates.  Carriers shall not be subject to the other provisions of this
Act by reason of their receipt, carriage, holding or delivery of food, drugs,
devices or cosmetics in the usual course of business as carriers.
		(Source: P.A. 84-891.) (410 ILCS 620/22.1) (from Ch. 56 1/2, par. 522.1)Sec. 22.1. 
		
		The provisions of the Illinois Administrative Procedure
Act are hereby expressly adopted and shall apply to all administrative
rules and procedures of the Director of the Department of Public Health under
this Act, except that Section 5-35 of the Illinois Administrative
Procedure Act relating to procedures for rule-making does not apply to the
adoption of any rule required by federal law in connection with which the
Department is precluded by law from exercising any discretion.
		(Source: P.A. 88-45.) (410 ILCS 620/22.2) (from Ch. 56 1/2, par. 522.2)Sec. 22.2. 
		
		All final administrative decisions of the Department hereunder
shall be subject to judicial review pursuant to the provisions of the "Administrative
Review Law", and the rules adopted pursuant thereto.  The term "administrative
decision" is defined as in Section 3-101 of the Code of Civil Procedure.
		(Source: P.A. 84-891.) (410 ILCS 620/22.3) (from Ch. 56 1/2, par. 522.3)Sec. 22.3. 
		
		The Director after notice and opportunity for hearing to
the applicant or permit holder may deny, suspend, or revoke a permit in
any case in which he or she finds that there has been a substantial failure
to comply with the provisions of this Act or the standards, rules and regulations
established by virtue thereof.Such notice shall be effected by certified mail or by personal service
setting forth the particular reasons for the proposed action and fixing
a date, not less than 15 days from the date of such mailing or service,
at which time the applicant or permit holder shall be given an opportunity
to request a hearing.The hearing shall be conducted by the Director or by an individual designated
in writing by the Director as Hearing Officer to conduct the hearing.  On
the basis of any such hearing, or upon default of the applicant or permit
holder, the Director shall make a determination specifying his or her findings
and conclusions.  A copy of such determination shall be sent by certified
mail or served personally upon the applicant or permit holder.The procedure governing hearings authorized by this Section shall be in
accordance with rules promulgated by the Department.  A full and complete
record shall be kept of all proceedings, including the notice of hearing,
complaint, and all other documents in the nature of pleadings, written motions
filed in the proceedings, and the report and orders of the Director and
Hearing Officer.  All testimony shall be reported but need not be transcribed
unless the decision is sought to be reviewed pursuant to the "Administrative
Review Law".  A copy or copies of the transcript may be obtained by any
interested party on payment of the cost of preparing such copy or copies.
The Director or Hearing Officer shall, upon his or her own motion or upon
the written request of any party to the proceeding, issue subpoenas requiring
the attendance and the giving of testimony by witnesses, and subpoenas duces
tecum requiring the production of books, papers, records or memoranda.
All subpoenas and subpoenas duces tecum issued under this Act may be served
by any person of legal age.  The fees of witnesses for attendance and travel
shall be the same as the fees of witnesses before a circuit court of this
State, such fees to be paid when the witness is excused from
further attendance.  When the witness is subpoenaed at the request of the
Director or Hearing Officer, such fees shall be paid in the same manner
as other expenses of the Department, and when the witness is subpoenaed
at the request of any other party to  any such proceeding the Department
may require that the cost of service of the subpoena or subpoena duces tecum
and the fee of the witness be borne by the party upon whose request the
witness is summoned.  In such case, the Department in its discretion, may
require a deposit to cover the cost of such service and witness fees.  A
subpoena or subpoena duces tecum issued under this Act shall be served in
the same manner as a subpoena issued by a circuit court.Any circuit court of this State, upon the application of the Director,
or upon the application of any other party to the proceeding, may, in its
discretion, compel the attendance of witnesses, the production of books,
papers, records or memoranda and the giving of testimony before the Director
or Hearing Officer conducting an investigation or hearing authorized by
this Act in the same manner as production of evidence may be compelled before the court.The Director or Hearing Officer, or any party in an investigation or hearing
before the Department, may cause the depositions of witnesses within the
State to be taken in the manner prescribed by the Supreme Court Rules for
like depositions in civil actions in courts of this State, and to that end
may compel the attendance of witnesses and the production of books, papers,
records or memoranda.
		(Source: P.A. 84-891.) (410 ILCS 620/22.4) (from Ch. 56 1/2, par. 522.4)Sec. 22.4. 
		Food and Drug Safety Fund. 
		There is created in the
State Treasury a special fund to be known as the Food and Drug Safety Fund.
All subscription, fine, and permit fees, certificate fees, and other moneys
collected by the
Department of Public Health under
this Act shall be deposited into the Fund. Subject to appropriation by the
General Assembly, moneys deposited into this Fund shall be made available
to the Department of Public Health to administer Department activities related
to food safety, drug
safety, milk safety, or drug product selection. All interest that accrues
on the moneys in the Fund shall be deposited into the Fund.
		(Source: P.A. 92-769, eff. 1-1-03.) (410 ILCS 620/23) (from Ch. 56 1/2, par. 523)Sec. 23. 
		
		(a) The Director may cause to be published from time to time
reports summarizing all judgments and court orders which have been
rendered under this Act, including the nature of the charge and the
disposition thereof.(b) The Director may also cause to be disseminated such information
regarding food, drugs, devices and cosmetics as the Director deems
necessary in the interest of public health and the protection of the
consumer against fraud. Nothing in this Section shall be construed to
prohibit the Director from collecting, reporting and illustrating the
results of the investigations of the Director.
		(Source: P.A. 84-452.) (410 ILCS 620/24) (from Ch. 56 1/2, par. 524)Sec. 24. Nothing in this Act shall be construed to limit or repeal any provisions
of the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act.
					(Source: P.A. 94-556, eff. 9-11-05.) (410 ILCS 620/25) (from Ch. 56 1/2, par. 525)Sec. 25. 
		
		Notwithstanding any provisions to the contrary in this Act, the
Director of Agriculture has exclusive jurisdiction to
enforce Section 9 as to standards of identity, quantity and
fill of container for
foods, Sections 3.6, 3.9, 3.10, 3.12, 3.14, 3.16, 3.17, 3.21, 6, 10, 14,
17.1 and 22 as they relate to new animal drugs or animal feeds,
subsections (d), (e), (h) (1) and (h) (2) of Section 11 and
subsection (1) of Section 12.1 of this Act.
		(Source: P.A. 84-891.) (410 ILCS 620/26) (from Ch. 56 1/2, par. 526)Sec. 26. 
		
		If any provision of this Act is declared unconstitutional or the
applicability thereof to any person or circumstances is held invalid, the
constitutionality of the remainder of the Act and applicability thereof to
other persons and circumstances shall not be affected thereby.
		(Source: Laws 1967, p. 959.) (410 ILCS 620/27)Sec. 27. Honey. Notwithstanding any other provision of this Act, the Department may not regulate honey that is in the comb or that is removed from the comb and in an unadulterated condition; both forms of honey are exempt from the provisions of this Act.
(Source: P.A. 96-1028, eff. 1-1-11.)
(410 ILCS 625/0.01) (from Ch. 56 1/2, par. 330)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Food Handling Regulation Enforcement Act.
		(Source: P.A. 86-1324.) (410 ILCS 625/1) (from Ch. 56 1/2, par. 331)Sec. 1. 
		
		Any business establishment dealing in the sale of food items
which does not comply with existing state laws relating to food handling
or does not comply with the health and food handling regulations of any
local governmental unit having jurisdiction of such establishment may be
enjoined from doing business in the following manner: the Department of
Public Health of the State of Illinois or local departments of health
may seek an injunction in the
circuit court for the county in which such establishment is located.
Such injunction, if granted, shall prohibit such business establishment
from selling food items until it complies with any applicable state laws
or regulations of a local governmental agency.  However, no injunction
may be sought or granted before July 1, 1980, to enforce any rule or regulation
requiring a food service establishment to have one or more persons who are
certified in food service sanitation.The local department of health shall file a written report with the Illinois
Department of Public Health within 10 days after seeking an injunction against
a business establishment dealing in the sale of food items.
		(Source: P.A. 80-1295.) (410 ILCS 625/2) (from Ch. 56 1/2, par. 332)Sec. 2. 
		
		Nothing in this Act shall be construed as limiting or
changing any other penalties which any such business establishment may
incur under any other law or local ordinance or resolution.
		(Source: Laws 1963, p. 3471.) (410 ILCS 625/3) (from Ch. 56 1/2, par. 333)Sec. 3. 
Each food service establishment shall be under the operational
supervision of a certified food service sanitation manager in accordance
with rules promulgated under this Act.By July 1, 1990, the Director of the Department of Public Health in
accordance with this Act, shall
promulgate rules for the education, examination, and certification of food
service establishment managers and instructors of the food service
sanitation manager certification education programs. Beginning January 1, 2018, any individual who has completed a minimum of 8 hours of Department-approved training for food service sanitation manager certification, inclusive of the examination, and received a passing score on the examination set by the certification exam provider accredited under standards developed and adopted by the Conference for Food Protection or its successor organization, shall be considered to be a certified food service sanitation manager. Beginning January 1, 2018, any individual who has completed a minimum of 8 hours of Department-approved training for food service sanitation manager instructor certification, inclusive of the examination, and received a passing score on the examination set by the certification exam provider accredited under standards developed and adopted by the Conference for Food Protection or its successor organization, shall be considered to be a certified food service sanitation manager instructor.  A food service
sanitation manager certificate and a food service sanitation manager
instructor certificate issued by the exam provider shall be valid for 5 years and shall not be transferable from the
individual to whom it was issued. A food service sanitation manager certificate issued by the Department under this Section before January 1, 2018 is valid until the expiration date stated on the certificate.For purposes of food service sanitation manager certification, the Department shall accept only training approved by the Department and certification exams accredited under standards developed and adopted by the Conference for Food Protection or its successor.


(Source: P.A. 99-62, eff. 7-16-15; 100-194, eff. 1-1-18; 100-954, eff. 8-19-18.) (410 ILCS 625/3.05)Sec. 3.05. Non-restaurant food handler training.(a) All food handlers not employed by a restaurant as defined in Section 3.06 of this Act, other than someone holding a food service sanitation manager certificate, must receive or obtain training in basic safe food handling principles as outlined in subsection (b) of this Section within 30 days after employment. There is no limit to how many times an employee may take the training. Training is not transferable between individuals or employers. Proof that a food handler has been trained must be available upon reasonable request by a State or local health department inspector and may be in an electronic format.(b) Food handler training must cover and assess knowledge of the following topics:(1) The relationship between time and temperature     with respect to foodborne illness, including the relationship between time and temperature and micro-organisms during the various food handling preparation and serving states, and the type, calibration, and use of thermometers in monitoring food temperatures.(2) The relationship between personal hygiene and     food safety, including the association of hand contact, personal habits and behaviors, and the food handler's health to foodborne illness, and the recognition of how policies, procedures, and management contribute to improved food safety practices.(3) Methods of preventing food contamination in all     stages of food handling, including terms associated with contamination and potential hazards prior to, during, and after delivery.(4) Procedures for cleaning and sanitizing equipment     and utensils.(5) Problems and potential solutions associated with     temperature control, preventing cross-contamination, housekeeping, and maintenance.(c) Training modules must be approved by the Department. Any and all documents, materials, or information related to a restaurant or business food handler training module submitted to the Department is confidential and shall not be open to public inspection or dissemination and is exempt from disclosure under Section 7 of the Freedom of Information Act. Any modules complying with subsection (b) of this Section and not approved within 180 days after the Department's receipt of the business application shall automatically be considered approved. If a training module has been approved in another state, then it shall automatically be considered approved in Illinois so long as the business provides proof that the training has been approved in another state. Training may be conducted by any means available, including, but not limited to, on-line, computer, classroom, live trainers, remote trainers, and certified food service sanitation managers. Nothing in this subsection (c) shall be construed to require a proctor. There must be at least one commercially available, approved food handler training module at a cost of no more than $15 per employee; if an approved food handler training module is not available at that cost, then the provisions of this Section 3.05 shall not apply.(d) The regulation of food handler training is considered to be an exclusive function of the State, and local regulation is prohibited.   This subsection (d) is a denial and
limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the
Illinois Constitution.(e) The provisions of this Section apply beginning July 1, 2016. From July 1, 2016 through December 31, 2016, enforcement of the provisions of this Section shall be limited to education and notification of requirements to encourage compliance.
(Source: P.A. 98-566, eff. 8-27-13.) (410 ILCS 625/3.06)Sec. 3.06. Food handler training; restaurants.(a) For the purpose of this Section, "restaurant" means any business that is primarily engaged in the sale of ready-to-eat food for immediate consumption. "Primarily engaged" means having sales of ready-to-eat food for immediate consumption comprising at least 51% of the total sales, excluding the sale of liquor.(b) Unless otherwise provided, all food handlers employed by a restaurant, other than someone holding a food service sanitation manager certificate, must receive or obtain American National Standards Institute-accredited training in basic safe food handling principles within 30 days after employment and every 3 years thereafter.  Notwithstanding the provisions of Section 3.05 of this Act, food handlers employed in nursing homes, licensed day care homes and facilities, hospitals, schools, and long-term care facilities must renew their training every 3 years. There is no limit to how many times an employee may take the training. The training indicated in subsections (e) and (f) of this Section is transferable between employers, but not individuals. The training indicated in subsections (c) and (d) of this Section is not transferable between individuals or employers. Proof that a food handler has been trained must be available upon reasonable request by a State or local health department inspector and may be provided electronically.(c) If a business with an internal training program is approved in another state prior to the effective date of this amendatory Act of the 98th General Assembly, then the business's training program and assessment shall be automatically approved by the Department upon the business providing proof that the program is approved in said state.(d) The Department shall approve the training program of any multi-state business or a franchisee, as defined in the Franchise Disclosure Act of 1987, of any multi-state business  with a plan that follows the guidelines in subsection (b) of Section 3.05 of this Act and is on file with the Department by August 1, 2017.(e) If an entity uses an American National Standards Institute food handler training accredited program, that training program shall be automatically approved by the Department.(f) Certified local health departments in counties serving jurisdictions with a population of 100,000 or less, as reported by the U.S. Census Bureau in the 2010 Census of Population, may have a training program. The training program must meet the requirements of Section 3.05(b) and be approved by the Department. This Section notwithstanding, certified local health departments in the following counties may have a training program:(1) a county with a population of 677,560 as reported     by the U.S. Census Bureau in the 2010 Census of Population;(2) a county with a population of 308,760 as reported     by the U.S. Census Bureau in the 2010 Census of Population;(3) a county with a population of 515,269 as reported     by the U.S. Census Bureau in the 2010 Census of Population;(4) a county with a population of 114,736 as reported     by the U.S. Census Bureau in the 2010 Census of Population;(5) a county with a population of 110,768 as reported     by the U.S. Census Bureau in the 2010 Census of Population;(6) a county with a population of 135,394 as reported     by the U.S. Census Bureau in the 2010 Census of Population.The certified local health departments in paragraphs (1) through (6) of this subsection (f) must have their training programs on file with the Department no later than 90 days after the effective date of this Act. Any modules that meet the requirements of subsection (b) of Section 3.05 of this Act and are not approved within 180 days after the Department's receipt of the application of the entity seeking to conduct the training shall automatically be considered approved by the Department.(g) Any and all documents, materials, or information related to a restaurant or business food handler training module submitted to the Department is confidential and shall not be open to public inspection or dissemination and is exempt from disclosure under Section 7 of the Freedom of Information Act. Training may be conducted by any means available, including, but not limited to, on-line, computer, classroom, live trainers, remote trainers, and certified food service sanitation managers. There must be at least one commercially available, approved food handler training module at a cost of no more than $15 per employee; if an approved food handler training module is not available at that cost, then the provisions of this Section 3.06 shall not apply.(h)  The regulation of food handler training is considered to be an exclusive function of the State, and local regulation is prohibited. This subsection (h) is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.(i) The provisions of this Section apply beginning July 1, 2014. From July 1, 2014 through December 31, 2014, enforcement of the provisions of this Section shall be limited to education and notification of requirements to encourage compliance.
(Source: P.A. 99-62, eff. 7-16-15; 99-78, eff. 7-20-15; 100-367, eff. 8-25-17.) (410 ILCS 625/3.07)Sec. 3.07. Allergen awareness training.(a) As used in this Section:"Certified food service sanitation manager" means a food service sanitation manager certified under Section 3 of this Act."Major food allergen" includes milk, eggs, fish, crustaceans, tree nuts, wheat, peanuts, soybeans, and food ingredients that contain protein derived from these foods."Primarily engaged" means having sales of ready-to-eat food for immediate consumption comprising at least 51% of the total sales, excluding the sale of liquor."Restaurant" means any business that is primarily engaged in the sale of ready-to-eat food for immediate consumption.(b) Unless otherwise provided, all certified food service sanitation managers employed by a restaurant must receive or obtain training in basic allergen awareness principles within 30 days after employment and every 3 years thereafter.  Training programs must be accredited by the American National Standards Institute or another reputable accreditation agency under the ASTM International E2659-09 (Standard Practice for Certificate Programs).  There is no limit to how many times an employee may take the training.(c) Allergen awareness training must cover and assess knowledge of the following topics:(1) the definition of a food allergy;(2) the symptoms of an allergic reaction;(3) the major food allergens;(4) the dangers of allergens and how to prevent     cross-contact;(5) the proper cleaning methods to prevent allergen     contamination;(6) how and when to communicate to guests and staff     about allergens;(7) the special considerations related to allergens     from workstations and self-serve areas;(8) how to handle special dietary requests;(9) dealing with emergencies, including allergic     reactions;(10) the importance of food labels;(11) how to handle food deliveries in relation to     allergens;(12) proper food preparation for guests with food     allergies; and(13) cleaning and personal hygiene considerations to     prevent contaminating food with allergens.(d) If an entity uses an allergen awareness training program accredited by the American National Standards Institute or another reputable accreditation agency under the ASTM International E2659-09 (Standard Practice for Certificate Programs), then that training program meets the requirements of this Section.  The training indicated in this subsection (d) is transferable between employers, but not individuals.(e) If a business with an internal training program follows the guidelines in subsection (c), and is approved in another state prior to the effective date of this amendatory Act of the 100th General Assembly, then the business's training program and assessment meets the requirements of the Section.  The training indicated in this subsection (e) is not transferable between individuals or employers.(f) The training program of any multi-state business with a plan that follows the guidelines of subsection (c) meets the requirements of this Section.  The training indicated in this subsection (f) is not transferable between individuals or employers.(g) This Section does not apply to a multi-state business or a franchisee, as defined in the Franchise Disclosure Act of 1987, that has a food handler training program that follows the guidelines in subsection (d) of Section 3.06 of this Act; an individual that receives food handler training in accordance with the rules adopted under this Act; or a Category II facility or Category III facility as defined under 77 Ill. Adm. Code 750.10.(h) Any and all documents, materials, or information related to a restaurant or business allergen awareness training module is confidential and shall not be open to public inspection or dissemination and is exempt from disclosure under Section 7 of the Freedom of Information Act.  Training may be conducted by any means available, including, but not limited to, online, computer, classroom, live trainers, remote trainers, and food service sanitation managers who have successfully completed an approved allergen training.  Nothing in this subsection (h) shall be construed to require a proctor.  Proof that a food service sanitation manager has been trained must be available upon reasonable request by a State or local health department inspector and may be provided electronically.(i) The regulation of allergen awareness training is considered to be an exclusive function of the State, and local regulation is prohibited.  This subsection (i) is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.(j) The provisions of this Section apply beginning January 1, 2018.  From January 1, 2018 through July 1, 2018, enforcement of the provisions of this Section shall be limited to education and notification of requirements to encourage compliance. 
(Source: P.A. 100-367, eff. 8-25-17.) (410 ILCS 625/3.1)Sec. 3.1. Potluck events.(a) As used in this Section, "potluck event" means an event that meets all of the following conditions:(1)  People are gathered to share food at the event.(2)  There is no compensation provided to people for     bringing food to the event.(3)  There is no charge for any food or beverage     provided at the event.(4)  The event is not conducted for commercial     purposes.(5) It is generally understood by the participants at     the event that neither the food nor the facilities have been inspected by the State or a local certified public health department.(6) The event is not held on public property.(b) Notwithstanding any other provision of law, neither the Department of Public Health nor the health department of a unit of local government may regulate the serving of food that is brought to a potluck event sponsored by a group of individuals or a religious, charitable, or nonprofit organization by individuals attending the potluck event for consumption at the potluck event.  Individuals who are not members of a group or  organization sponsoring a potluck event may attend the potluck event and consume the food at the event. No fee may be charged for admission to a potluck event that is exempt from regulation under this Section, nor may food be sold  at a potluck event that is exempt from regulation under this Section. A business establishment dealing in the sale of food items may not sponsor a potluck event. Potluck event food may not be brought into the kitchen of a business establishment dealing in the sale of food items.
		(Source: P.A. 93-1039, eff. 6-1-05.) (410 ILCS 625/3.2)Sec. 3.2. Food banks.(a) For purposes of this Section, "food bank" means a public or charitable institution that maintains an established operation involving the provision of food or edible commodities to food pantries, soup kitchens, hunger relief centers, or other feeding programs that, as an integral part of their normal activities, provide meals or food to needy persons.(b) All food banks that provide food to feeding programs in Illinois shall provide a list of its member food pantries, soup kitchens, hunger relief centers, and other feeding programs to the State-certified local public health department or departments having jurisdiction in its service area.  Food banks must provide this list to local public health departments annually and the listing shall include the following information about each food pantry, soup kitchen, hunger relief center, and other feeding program:(1) agency name;(2) type of feeding program;(3) address;(4) phone number; and(5) fax number.The intent of having food banks provide this information annually to the local public health department is solely for the purpose of ensuring that food recall alerts and other pertinent information will be communicated to food pantries, soup kitchens, hunger relief centers, and other feeding programs in a timely fashion.
(Source: P.A. 95-828, eff. 1-1-09.) (410 ILCS 625/3.3)Sec. 3.3. Farmers' markets.(a) The General Assembly finds as follows:(1) Farmers' markets, as defined  in subsection (b)     of this Section,  provide not only a valuable marketplace for farmers and food artisans to sell their products directly to consumers, but also a place for consumers to access fresh fruits, vegetables, and other agricultural products.(2) Farmers' markets serve as a stimulator for local     economies and for thousands of new businesses every year, allowing farmers to sell directly to consumers and capture the full retail value of their products. They have become important community institutions and have figured in the revitalization of downtown districts and rural communities.(3) Since 1999, the number of farmers' markets has     tripled and new ones are being established every year.   There is a lack of consistent regulation from one county to the next, resulting in confusion and discrepancies between counties regarding how products may be sold. There continue to be inconsistencies, confusion, and lack of awareness by consumers, farmers, markets, and local health authorities of required guidelines affecting farmers' markets from county to county.(4) (Blank).(5) (Blank).(6) Recognizing that farmers' markets serve as small     business incubators and that farmers' profit margins frequently are narrow, even in direct-to-consumer retail, protecting farmers from costs of regulation that are disproportionate to their profits will help ensure the continued viability of these local farms and small businesses.(b) For the purposes of this Section:"Department" means the Department of Public Health."Director" means the Director of Public Health."Farmer" means an individual who is a resident of Illinois and owns or leases land in Illinois that is used as a farm, as that term is defined in Section 1-60 of the Property Tax Code, or that individual's employee."Farmers' market" means a common facility or area  where the primary purpose is for farmers to gather to sell a variety of fresh  fruits and vegetables and other locally produced farm and food products  directly to consumers."Licensed or permitted processing facility" means a facility that has been inspected, approved, and permitted or licensed by the Department of Agriculture, the Department of Public Health, or a local health department."Local health department" means  a State-certified health department of a unit of local government."Main ingredient" means an agricultural product that is the defining or distinctive ingredient in a product, though not necessarily by predominance of weight.(c) (Blank).(d)

This Section does not intend and shall not be construed to limit the power of counties, municipalities, and other local government units to regulate farmers' markets for the protection of the public health, safety, morals, and welfare, including, but not limited to, licensing requirements and time, place, and manner restrictions, except as specified in this Act.  This Section provides for a statewide scheme for the orderly and consistent regulation of food and food products sold at farmers' markets.(e) (Blank).(f) (Blank).(g) (Blank).(h) (Blank).(i) (Blank).(j) (Blank).(k) (Blank).(l) (Blank).(m) The following provisions shall apply concerning statewide retail sale of farm products at farmers' markets:(1) (Blank).(2) Local health departments may conduct enforcement     actions under and pursuant to this Section. The rules and regulations described in this Section  shall be consistently enforced by local health authorities throughout the State.(2.5) Notwithstanding any other provision of law     except as provided in this Section, local public health departments and all other units of local government are prohibited from creating guidelines, rules, or regulations for farmers' markets that are more stringent than those farmers' market regulations contained in this Section.(2.10)   A farmer who engages in the sale of any of     the following products shall obtain a Farmers' Market Permit from each local health department that chooses to require a Farmers' Market Permit for each unit of local government in which a sales takes place:(A)   Frozen, potentially hazardous foods that         are prepackaged at a licensed or permitted processing facility but have the main ingredient grown or raised on the farmer's farm.(B)   Meat, poultry, dairy, and eggs raised or         grown on the farm of the farmer selling the food product.Nothing in this paragraph shall alter any obligation     under the Grade A Pasteurized Milk and Milk Products Act.(2.15)   As part of the permitting process for a     Farmers' Market Permit, a local health department may require the applicant to perform the following:(A)   Provide the address of the applicant's farm         and his or her contact information.(B)   Provide a list of products intended for         sale.(C)   Provide a thermometer for each         refrigeration unit, including, but not limited to, a refrigerator, fridge, freezer, or cooler, that is accurate to plus or minus 3 degrees Fahrenheit.(D)   Maintain in good condition all equipment,         utensils, and the like, meaning that there are no chips, pitting, or other similar wear.(E)   Provide effective means to maintain cold         food temperatures below 41 degrees Fahrenheit and frozen foods below 32 degrees Fahrenheit.(F)   For meat, dairy, or poultry products that         do not require refrigeration, provide a product hazard analysis and critical control point (HACCP) or food safety plan from a licensed facility as evidence of product safety at specific temperatures for the specified duration that they are not refrigerated.(G)   The name, address, and contact information         of the licensed or permitted processing facility at which products were processed.(H)   If selling eggs, provide an Illinois Egg         License issued by the Department of Agriculture.(I)   At least one annual inspection. Inspections         may occur on site at the farmers market, or a local health department may require once annually that the farmer applicant go to an alternate location to conduct the inspection.(2.20)   A Farmers' Market Permit shall be valid for     one year. The fee for obtaining a Farmers' Market Permit shall not exceed the following:(A)   $75 for a limited egg Farmers' Market         Permit covering only the sale of eggs.(B)   $175 for a full Farmers' Market Permit         covering any combination of meat, poultry, dairy, eggs, and frozen foods grown, raised, or produced on or in a licensed or permitted processing facility.The fee limits imposed under this paragraph shall be     increased by 10% on January 1, 2026 and on January 1 of every third year thereafter.(2.25) A local health department shall meet the     following requirements in creating, setting, or amending the fee required for a Farmers' Market Permit under this subsection:(A) A local health department shall solicit         public input in determining the initial fee or fees for a Farmers' Market Permit, and also at any time a fee increase is proposed by the local health department, by one or all of the following means:(i)   Convene at least one public meeting to             allow verbal and written public input regarding the intent to create, set, or amend a fee. Before the public meeting, all farmers' market operators in the local health department's jurisdiction and all existing Farmers' Market Permit holders that are permitted in the local health department's jurisdiction shall be notified using the best efforts of the local health department.(ii)   Provide public notice and solicit             written comments from the public regarding the intent to create, set, or amend a fee. Before the comment period, all farmers' market operators in the jurisdiction and all existing Farmers' Market Permit holders that are permitted in the local health department's jurisdiction shall be notified using the best efforts of the local health department.(B) A local health department shall consider all         public comments received in creating, setting, or amending a fee.(C) A local health department has final         discretion to create, set, or amend a fee, subject to the fee limits under subparagraph (A) of paragraph (2.20).(D) A local health department shall amend a fee         no more than once per year.(E) All comments received under this paragraph         shall be provided to the locally elected or appointed governing body of the location that the local health department is located at.(F) A local health department is not required to         create a new process to solicit public input regarding the creation, setting, or amending of fees if it already has a process in place that meets the minimum requirements set forth in this paragraph.(2.30) A home rule unit may not regulate Farmers'     Market Permits in a manner inconsistent with the regulation by the State of Farmers' Market Permits under this subsection. This paragraph is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.(3) In the case of alleged noncompliance with the     provisions described in this Section, local health departments shall issue written notices to vendors and market managers of any noncompliance issues. Citations may be issued to farmers who do not have or display their Farmers' Market Permits. Repeat violations may result in fines or Farmers' Market Permit suspension by a local health department.(4) (Blank).(n) Local health department regulatory guidelines may be applied to foods not often found at farmers' markets, all other food products not regulated by the Department of Agriculture and the Department of Public Health, as well as live animals to be sold at farmers' markets.(o) (Blank).(p) The Department of Public Health and the Department of Agriculture shall adopt administrative rules necessary to implement, interpret, and make specific the provisions of this Section, including, but not limited to, rules concerning labels, sanitation, and food product safety according to the realms of their jurisdiction.(q) The Department shall create a food sampling training and license program as specified in Section 3.4 of this Act.(r) In addition to any rules adopted pursuant to subsection (p) of this Section, the following provisions shall be applied uniformly throughout the State, including to home rule units, except as otherwise provided in this Act:(1) Farmers market vendors shall provide effective     means to maintain potentially hazardous food, as defined in Section 4 of this Act, at 41 degrees Fahrenheit or below.  As an alternative to mechanical refrigeration, an effectively insulated, hard-sided, cleanable container with sufficient ice or other cooling means that is intended for the storage of potentially hazardous food shall be used. Local health departments shall not limit vendors' choice of refrigeration or cooling equipment and shall not charge a fee for use of such equipment. Local health departments shall not be precluded from requiring an effective alternative form of cooling if a vendor is unable to maintain food at the appropriate temperature.(2) Handwashing stations may be shared by farmers'     market vendors if handwashing stations are accessible to vendors. (Source: P.A. 101-81, eff. 7-12-19; 102-862, eff. 1-1-23.) (410 ILCS 625/3.4)Sec. 3.4. Product samples.(a) For the purpose of this Section, "food product sampling" means food product samples distributed free of charge for promotional or educational purposes only.(b) Notwithstanding any other provision of law, except as provided in subsection (c) of this Section, a vendor who engages in food product sampling at a farmers' market may do so without obtaining a State or local permit to provide those food product samples, provided the vendor complies with the State and local permit requirements to sell the food product to be sampled and with the food preparation, food handling, food storage, and food sampling requirements specified in the administrative rules adopted by the Department to implement Section 3.3 and Section 3.4 of this Act.The Department of Public Health is instructed to establish a food sampling at farmers' market training and certification program to fulfill this requirement. The Department shall adopt rules for the food sampling training and certification program and product sampling requirements at farmers' markets. The Department may charge a reasonable fee for the training and certification program. The Department may delegate or contract authority to administer the food sampling training to other qualified public and private entities.(c) Notwithstanding the provisions of subsection (b) of this Section, the Department of Public Health, the Department of Agriculture, a local municipal health department, or a certified local health department may inspect a vendor at a farmers' market to ensure compliance with the provisions in this Section. If an imminent health hazard exists or  a vendor's product has been found to be misbranded, adulterated, or not in compliance with the permit exemption for vendors pursuant to this Section, then the regulatory authority may invoke cessation of sales until it deems that the situation has been addressed.
(Source: P.A. 99-78, eff. 7-20-15; 100-805, eff. 1-1-19.) (410 ILCS 625/3.5)Sec. 3.5. Product origin.(a) All vendors or booths selling specialty crops and raw agricultural commodities at a farmers' market in Illinois must post at the point of sale a placard or include on a label or packing slip the physical address of the farm  or farms on which those products were grown or produced.Specialty crops and raw agricultural commodities purchased through wholesale or retail markets may be offered for resale at a farmers' market. If the physical address of the farm or farms where the products were grown or produced is unknown, then the vendor must post at the point of sale a placard or include on a label or packing slip the physical address and business name, when applicable, where the products were purchased.(b)
Specialty crops and raw agricultural commodities direct marketed at farmers' markets that do not include a placard at the point of sale or on a label or packing slip stating the physical location of the farm on which those products were grown or produced shall be considered misbranded.(c) Any related federal rules or regulations adopted through the implementation of the federal Food Safety Modernization Act regarding transparency, traceability, and product origin labeling pertaining to specialty crops and raw agricultural commodities shall supersede the provisions of this Section.
(Source: P.A. 98-660, eff. 6-23-14.) (410 ILCS 625/3.6)Sec. 3.6. Home kitchen operation.(a) For the purpose of this Section, "home kitchen operation" means a person who produces or packages non-potentially hazardous baked goods, as allowed by subsection (a-5),  in a kitchen of that person's primary domestic residence for direct sale by the owner or a family member. A home kitchen operation does not include a person who produces or packages non-potentially hazardous baked goods for sale by a religious, charitable, or nonprofit organization for fundraising purposes; the production or packaging of non-potentially hazardous baked goods for these purposes is exempt from the requirements of this Act. The following conditions must be met in order to qualify as a home kitchen operation:(1)            Monthly gross sales do not exceed     $1,000.(2)            The food is a non-potentially     hazardous baked good, as described in Section 4 of this Act.(3)            A notice is provided to the purchaser     that the product was produced in a home kitchen.(4) The food package is affixed with a label or other     written notice is provided to the purchaser that includes:(i) the common or usual name of the food product;         and(ii) allergen labeling as specified in federal         labeling requirements by the United States Food and Drug Administration.(5) The food is sold directly to the consumer.(6) The food is stored in the residence where it is     produced or packaged.(a-5) Baked goods, such as, but not limited to, breads, cookies, cakes, pies, and pastries are allowed. Only high-acid fruit pies that use the following fruits are allowed: apple, apricot, grape, peach, plum, quince, orange, nectarine, tangerine, blackberry, raspberry, blueberry, boysenberry, cherry, cranberry, strawberry, red currants, or a combination of these fruits.(b) The Department of Public Health or the health department of a unit of local government may inspect a home kitchen operation in the event of a complaint or disease outbreak.(c) The requirements of this Section apply only to a home kitchen operation located in a municipality, township, or county where the local governing body having the jurisdiction to enforce this Act or the rules adopted under this Act has adopted an ordinance authorizing home kitchen operations. 
(Source: P.A. 99-78, eff. 7-20-15; 99-191, eff. 1-1-16; 100-35, eff. 1-1-18.) (410 ILCS 625/3.7)Sec. 3.7. Communal kitchen in private residential leasehold.(a)    As used in this Section, "private residential leasehold" means a private residential structure not open to the public which is leased to more than one person and contains a communal kitchen used by the lessees and guests of the lessees.(b)   Notwithstanding any other provision of law, neither the Department of Public Health, the health department of a unit of local government, nor a public health district may regulate the preparing and serving of food in a private residential leasehold that is prepared by or for the lessees and consumed by the lessees and their guests.(c)  This Section does not apply to regulation of private residential leaseholds in municipalities with a population greater than 1,000,000.
(Source: P.A. 100-330, eff. 1-1-18; 101-425, eff. 1-1-20.) (410 ILCS 625/3.08)Sec. 3.08. Food allergy awareness.(a) A restaurant shall display a notice indicating to consumers that any information regarding food allergies must be communicated to an employee of the restaurant.(b) An employee of a restaurant who receives allergy information from a consumer shall communicate the consumer's information to the restaurant's person in charge or the certified food protection manager on duty.(c) A restaurant meets the requirements of this Section if the restaurant displays a notice regarding food allergies or provides a statement regarding food allergies on its menu that was approved in another state before the effective date of this amendatory Act of the 101st General Assembly.(d) A multi-state business or a franchisee, as that term is defined in the Franchise Disclosure Act of 1987, meets the requirements of this Section if the multi-state business or franchisee has an internal policy that requires a notice regarding allergies to be displayed or a statement regarding food allergies to be provided on the menu.(e) On or before January 1, 2020, the Department of Public Health shall create and make available on its website for download the notice required to be displayed under subsection (a) of this Section.(f) From the effective date of this amendatory Act of the 101st General Assembly through July 1, 2020, enforcement of this Section shall be limited to education and notification of the requirements of this Section to encourage compliance. 
(Source: P.A. 101-495, eff. 8-23-19.) (410 ILCS 625/3.9)Sec. 3.9. Lemonade stand. Notwithstanding any other provision of law, the Department of Public Health, the health department of a unit of local government, or a public health district may not regulate the sale of lemonade or nonalcoholic drinks or mixed beverages by a person under the age of 16.
(Source: P.A. 102-78, eff. 1-1-22.) (410 ILCS 625/4)Sec. 4. Cottage food operation.(a) For the purpose of this Section:A food is "acidified" if: (i) acid or acid ingredients are added to it to produce a final equilibrium pH of 4.6 or below; or (ii) it is fermented to produce a final equilibrium pH of 4.6 or below."Canned food" means food that has been heat processed sufficiently under United States Department of Agriculture guidelines to enable storing the food at normal home temperatures."Cottage food operation" means an operation conducted by a person who produces or packages food or drink, other than foods and drinks listed as prohibited in paragraph (1.5) of subsection (b) of this Section, in a kitchen located in that person's primary domestic residence or another appropriately designed and equipped kitchen on a farm for direct sale by the owner, a family member, or employee."Cut leafy greens" means fresh leafy greens whose leaves
have been cut, shredded, sliced, chopped, or torn. "Cut leafy
greens" does not mean cut-to-harvest leafy greens."Department" means the Department of Public Health."Equilibrium pH" means the final potential of hydrogen measured in an acidified food after all the components of the food have achieved the same acidity."Farmers' market" means a common facility or area where
farmers gather to sell a variety of fresh fruits and vegetables
and other locally produced farm and food products directly to
consumers."Leafy greens" includes iceberg lettuce; romaine lettuce;
leaf lettuce; butter lettuce; baby leaf lettuce, such as
immature lettuce or leafy greens; escarole; endive; spring mix;
spinach; cabbage; kale; arugula; and chard. "Leafy greens" does
not include microgreens or herbs such as cilantro or parsley."Local health department" means a State-certified health department of a unit of local government in which a cottage food operation is located."Local public health department association" means an association solely representing 2 or more State-certified local health departments."Low-acid canned food" means any canned food with a finished equilibrium pH greater than 4.6 and a water activity (aw) greater than 0.85."Microgreen" means an edible plant seedling grown in soil
or substrate and harvested above the soil or substrate line."Potentially hazardous food" means a food that is potentially hazardous according to the Department's administrative rules. Potentially hazardous food (PHF) in general means a food that requires time and temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation."Sprout" means any seedling intended for human consumption that was produced in a manner that does not meet the definition of microgreen.(b) A cottage food operation may produce homemade food and drink provided that all of the following conditions are met:(1) (Blank).(1.3) A cottage food operation must register with the     local health department for the unit of local government in which it is located, but may sell products outside of the unit of local government where the cottage food operation is located. A copy of the certificate of registration must be available upon request by any local health department.(1.5) A cottage food operation shall not sell or     offer to sell the following food items or processed foods containing the following food items, except as indicated:(A) meat, poultry, fish, seafood, or shellfish;(B) dairy, except as an ingredient in a         non-potentially hazardous baked good or candy, such as caramel, subject to paragraph (4), or as an ingredient in a baked good frosting, such as buttercream;(C) eggs, except as an ingredient in a         non-potentially hazardous food, including dry noodles, or as an ingredient in a baked good frosting, such as buttercream, if the eggs are not raw;(D) pumpkin pies, sweet potato pies, cheesecakes,         custard pies, creme pies, and pastries with potentially hazardous fillings or toppings;(E) garlic in oil or oil infused with garlic,         except if the garlic oil is acidified;(F) low-acid canned foods;(G) sprouts;(H) cut leafy greens, except for cut leafy greens         that are dehydrated, acidified, or blanched and frozen;(I) cut or pureed fresh tomato or melon;(J) dehydrated tomato or melon;(K) frozen cut melon;(L) wild-harvested, non-cultivated mushrooms;(M) alcoholic beverages; or(N) kombucha.(1.6)  In order to sell canned tomatoes or a canned     product containing tomatoes, a cottage food operator shall either:(A) follow exactly a recipe that has been tested         by the United States Department of Agriculture or by a state cooperative extension located in this State or any other state in the United States; or(B) submit the recipe, at the cottage food         operator's expense, to a commercial laboratory according to the commercial laboratory's directions to test that the product has been adequately acidified; use only the varietal or proportionate varietals of tomato included in the tested recipe for all subsequent batches of such recipe; and provide documentation of the annual test results of the recipe submitted under this subparagraph upon registration and to an inspector upon request during any inspection authorized by subsection (d).(2) In order to sell a fermented or acidified food, a     cottage food operation shall either:(A) submit a recipe that has been tested by the         United States Department of Agriculture or a cooperative extension system located in this State or any other state in the United States; or(B) submit a written food safety plan for each         category of products for which the cottage food operator uses the same procedures, such as pickles, kimchi, or hot sauce, and a pH test for a single product that is representative of that category; the written food safety plan shall be submitted annually upon registration and each pH test shall be submitted every 3 years; the food safety plan shall adhere to guidelines developed by the Department.(3) A fermented or acidified food shall be packaged     according to one of the following standards:(A) A fermented or acidified food that is canned         must be processed in a boiling water bath in a Mason-style jar or glass container with a tight-fitting lid.(B) A fermented or acidified food that is not         canned shall be sold in any container that is new, clean, and seals properly and must be stored, transported, and sold at or below 41 degrees.(4) In order to sell a baked good with cheese, a     local health department may require a cottage food operation to submit a recipe, at the cottage food operator's expense, to a commercial laboratory to verify that it is non-potentially hazardous before allowing the cottage food operation to sell the baked good as a cottage food.(5) For a cottage food operation that does not     utilize a municipal water supply, such as an operation using a private well, a local health department may require a water sample test to verify that the water source being used meets public safety standards related to E. coli coliform. If a test is requested, it must be conducted at the cottage food operator's expense.(6) A person preparing or packaging a product as part     of a cottage food operation must be a Department-approved certified food protection manager.(7) Food packaging must conform with the labeling     requirements of the Illinois Food, Drug and Cosmetic Act. A cottage food product shall be prepackaged and the food packaging shall be affixed with a prominent label that includes the following:(A) the name of the cottage food operation and         unit of local government in which the cottage food operation is located;(B) the identifying registration number provided         by the local health department on the certificate of registration and the name of the municipality or county in which the registration was filed;(C) the common or usual name of the food product;(D) all ingredients of the food product,         including any color, artificial flavor, and preservative, listed in descending order by predominance of weight shown with the common or usual names;(E) the following phrase in prominent lettering:         "This product was produced in a home kitchen not inspected by a health department that may also process common food allergens. If you have safety concerns, contact your local health department.";(F) the date the product was processed; and(G) allergen labeling as specified under federal         labeling requirements.(8) Food packaging may include the designation     "Illinois-grown", "Illinois-sourced", or "Illinois farm product" if the packaged product is a local farm or food product as that term is defined in Section 5 of the Local Food, Farms, and Jobs Act.(9) In the case of a product that is difficult to     properly label or package, or for other reasons, the local health department of the location where the product is sold may grant permission to sell products that are not prepackaged, in which case other prominent written notice shall be provided to the purchaser.(10) At the point of sale, notice must be provided in     a prominent location that states the following: "This product was produced in a home kitchen not inspected by a health department that may also process common food allergens." At a physical display, notice shall be a placard. Online, notice shall be a message on the cottage food operation's online sales interface at the point of sale.(11) Food and drink produced by a cottage food     operation shall be sold directly to consumers for their own consumption and not for resale. Sales directly to consumers include, but are not limited to, sales at or through:(A) farmers' markets;(B) fairs, festivals, public events, or online;(C) pickup from the private home or farm of the         cottage food operator, if the pickup is not prohibited by any law of the unit of local government that applies equally to all cottage food operations; in a municipality with a population of 1,000,000 or more, a cottage food operator shall comply with any law of the municipality that applies equally to all home-based businesses;(D) delivery to the customer; and(E) pickup from a third-party private property         with the consent of the third-party property holder.(12) Only food that is non-potentially hazardous may     be shipped. A cottage food product shall not be shipped out of State. Each cottage food product that is shipped must be sealed in a manner that reveals tampering, including, but not limited to, a sticker or pop top.(c) A local health department shall register any eligible cottage food operation that meets the requirements of this Section and shall issue a certificate of registration with an identifying registration number to each registered cottage food operation. A local health department may establish a self-certification program for cottage food operators to affirm compliance with applicable laws, rules, and regulations. Registration shall be completed annually and the local health department may impose a fee not to exceed $50.(d) In the event of a consumer complaint or foodborne illness outbreak, upon notice from a different local health department, or if the Department or a local health department has reason to believe that an imminent health hazard exists or that a cottage food operation's product has been found to be misbranded, adulterated, or not in compliance with the conditions for cottage food operations set forth in this Section, the Department or the local health department may:(1) inspect the premises of the cottage food     operation in question;(2) set a reasonable fee for the inspection; and(3) invoke penalties and the cessation of the sale of     cottage food products until it deems that the situation has been addressed to the satisfaction of the Department or local health department; if the situation is not amenable to being addressed, the local health department may revoke the cottage food operation's registration following a process outlined by the local health department.(e) A local health department that receives a consumer complaint or a report of foodborne illness related to a cottage food operator in another jurisdiction shall refer the complaint or report to the local health department where the cottage food operator is registered.(f) By January 1, 2022, the Department, in collaboration with local public health department associations and other stakeholder groups, shall write and issue administrative guidance to local health departments on the following:(1) development of a standard registration form,     including, if applicable, a written food safety plan;(2) development of a Home-Certification Self     Checklist Form;(3) development of a standard inspection form and     inspection procedures; and(4) procedures for cottage food operation workspaces     that include, but are not limited to, cleaning products, general sanitation, and requirements for functional equipment.(g) A person who produces or packages a non-potentially hazardous baked good for sale by a religious, charitable, or nonprofit organization for fundraising purposes is exempt from the requirements of this Section.(h) A home rule unit may not regulate cottage food operations in a manner inconsistent with the regulation by the State of cottage food operations under this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.(i) The Department may adopt rules as may be necessary to implement the provisions of this Section.(Source: P.A. 101-81, eff. 7-12-19; 102-633, eff. 1-1-22.)
(410 ILCS 630/1) (from Ch. 56 1/2, par. 2401)Sec. 1. 
		This Act may be cited as the Food Safety Transportation Act. 
		(Source: P.A. 86-1335.) (410 ILCS 630/2) (from Ch. 56 1/2, par. 2402)Sec. 2. 
		
		The purpose of this Act is to protect, promote and preserve
the public health and general welfare by providing for the establishment
and enforcement of minimum standards for the safe and sanitary
transportation of food intended for human consumption.
		(Source: P.A. 86-1335.) (410 ILCS 630/3) (from Ch. 56 1/2, par. 2403)Sec. 3. 
		
		(a) It shall be unlawful for any carrier which provides
transportation in intrastate commerce by motor vehicle to transport food,
drugs, devices or cosmetics as defined in Sections 2.3, 2.4, 2.5 and 2.6 of
the Illinois Food, Drug and Cosmetic Act, or food packaging, in any motor
vehicle that has, within 2 years before transporting food, drugs, devices,
or cosmetics, transported a substance which would render a food adulterated
within the meaning of Section 10 of the Illinois Food, Drug and Cosmetic Act.(b) For purposes of this Act, food packaging is defined as those
articles which are constructed wholly, in part, or in combination from
paper, paperboard, molded pulp, plastic, metals, coating or similar
materials having a food product contact surface and used in the packaging,
handling, storage or serving of food and food products and which are
intended for one use only.(c) This Act shall not apply to delivery vehicles which transport mixed
loads of prepackaged food and non-food items of a type covered by the United
States Department of Transportation package performance standards.(d) This Act shall not apply to vehicles that transport only food not
for human consumption.(e) This Act shall not apply to the transportation of raw
agricultural commodities by the producer from the producer's own
agricultural, horticultural,
or livestock raising operation to the first point of delivery.
		(Source: P.A. 86-1335.) (410 ILCS 630/4) (from Ch. 56 1/2, par. 2404)Sec. 4. 
		
		Any person who violates this Act shall be guilty of a business
offense and fined a sum of not less than $1,000 nor more than $2,500.
		(Source: P.A. 86-1335.) (410 ILCS 630/5) (from Ch. 56 1/2, par. 2405)Sec. 5. 
		This Act takes effect upon becoming law. 
		(Source: P.A. 86-1335.)
(410 ILCS 635/1) (from Ch. 56 1/2, par. 2201)Sec. 1. 
		
		This Act shall be known and may be cited as the "Grade A Pasteurized
Milk and Milk Products Act".
		(Source: P.A. 83-102.) (410 ILCS 635/2) (from Ch. 56 1/2, par. 2202)Sec. 2. 
		
		The purpose of this Act is to protect, promote, and preserve
the public health and general welfare by providing for the establishment
and enforcement of minimum standards for cleanliness and safe sanitation
practices for all Grade A milk and milk products and to provide for inspection
and issuance of permits to operators of dairy farms, milk plants, receiving
stations, transfer stations, milk hauler-samplers, milk tank trucks, and
certified pasteurizer sealers.
		(Source: P.A. 92-216, eff. 1-1-02.) (410 ILCS 635/3) (from Ch. 56 1/2, par. 2203)Sec. 3. Definitions.(a) As used in this Act "Grade A" means that milk and milk
products are produced and processed in accordance with the current Grade "A" Pasteurized Milk Ordinance as adopted by the National Conference on Interstate Milk Shipments and the United
States Public Health Service - Food and Drug Administration and all other applicable federal regulations.  The term Grade A is applicable to "dairy
farm", "milk hauler-sampler", "milk plant", "milk product",
"receiving station", "transfer station", "milk tank truck",
and "certified pasteurizer sealer" whenever used in this Act.(b) Unless the context clearly indicates otherwise, terms have the meaning
ascribed as follows:(1) (Blank).(2) "Milk" means the milk of cows, goats, sheep,     water buffalo, or other hooved mammals, provided that it must be labeled in accordance with  the current Grade "A" Pasteurized Milk Ordinance as adopted by the United States Public Health Service - Food and Drug Administration, and includes skim milk and cream. The Grade "A" Pasteurized Milk Ordinance labeling requirement does not apply to unpasteurized milk produced and distributed in accordance with Section 8 of this Act and Department rules.(3) (Blank).(4) (Blank).(5) "Receiving station" means any place, premise, or     establishment where raw milk is received, collected, handled, stored or cooled and prepared for further transporting.(6) "Transfer station" means any place, premise, or     establishment where milk or milk products are transferred directly from one milk tank truck to another.(7) "Department" means the Illinois Department of     Public Health.(8) "Director" means the Director of the Illinois     Department of Public Health.(9) "Embargo or hold for investigation" means a     detention or seizure designed to deny the use of milk or milk products which may be unwholesome or to prohibit the use of equipment which may result in contaminated or unwholesome milk or dairy products.(10) "Imminent hazard to the public health" means any     hazard to the public health when the evidence is sufficient to show that a product or practice, posing or contributing to a significant threat of danger to health, creates or may create a public health situation (1) that should be corrected immediately to prevent injury and (2) that should not be permitted to continue while a hearing or other formal proceeding is being held.(11) "Person" means any individual, group of     individuals, association, trust, partnership, corporation, person doing business under an assumed name, the State of Illinois, or any political subdivision or department thereof, or any other entity.(12) "Enforcing agency" means the Illinois Department     of Public Health or a unit of local government electing to administer and enforce this Act as provided for in this Act.(13) "Permit" means a document awarded to a person     for compliance with the provisions of and under conditions set forth in this Act.(14) (Blank).(15) (Blank).(16) (Blank).(17) "Certified pasteurizer sealer" means a person     who has satisfactorily completed a course of instruction and has demonstrated the ability to satisfactorily conduct all pasteurization control tests, as required by rules adopted by the Department.(18) "Unpasteurized milk" means milk that has not     been pasteurized or homogenized in accordance with the Grade "A" Pasteurized Milk Ordinance as adopted by the United States Public Health Service - Food and Drug Administration and is not subject to the labeling requirements of the Ordinance. (Source: P.A. 98-958, eff. 1-1-15; 99-304, eff. 1-1-16.) (410 ILCS 635/4) (from Ch. 56 1/2, par. 2204)Sec. 4. 
		
		The Illinois Department of Public Health shall administer and
enforce this Act.  However, any local unit of government with a population of
1,000,000 or more and having or contracting with a health department with
a qualified administrative and inspectional staff meeting the personnel
standards promulgated by the Illinois Department of Public Health, may administer
and enforce this Act by adopting an ordinance containing provisions for
enforcement and penalties, and adopting by reference the rules and regulations
promulgated and amended from time to time by the Department under the authority
of this Act.  A local unit of government that is so qualified and elects to administer
and enforce this Act shall furnish the Department a copy of its ordinance
and the names and qualifications of the employees required by this Act.
When it is determined by the Department that the local unit of government
is not administering or enforcing the approved local ordinance in an approved
manner, such local unit of government shall be notified
in writing and given a reasonable
time to improve its administration and enforcement of the approved
ordinance.  During this time period, the Department may
make inspections or take enforcement action as necessary to insure compliance
with the provisions of this Act.  If after such notice and time allowed
the local unit of government is unable to administer and enforce the
approved ordinance in an approved manner, the approval to administer
and enforce this Act shall be revoked and the
administration and enforcement of this Act shall revert
to the Department.Dairy farms, milk plants, receiving stations, cleaning and
sanitizing facilities, transfer stations, and
milk hauler-samplers in jurisdictions under a local ordinance
at the time of the
effective date of this Act will be subject to the local ordinance in lieu
of this Act until July 1, 1986, or until the date prior to July 1, 1986,
when the local ordinance is brought into compliance with this Act.
		(Source: P.A. 89-526, eff. 7-19-96.) (410 ILCS 635/5) (from Ch. 56 1/2, par. 2205)Sec. 5. 
		
		After the effective date of this Act, it shall be unlawful for
any person to establish, maintain, conduct, or operate a dairy farm,
milk   plant, receiving station, or transfer station processing milk or milk
products, to establish and operate a cleaning and sanitizing facility or milk
tank truck, to haul or sample milk, or to act as a certified
pasteurizer
sealer within this State, or to bring into and
distribute from
out-of-state milk and milk products without first obtaining a permit
therefor from the Department.The Department may prescribe and conduct examinations, a portion of which
may be written, to test the knowledge of milk hauler-samplers and certified
pasteurizer sealers as a condition for
awarding permits.Permits issued by the Department for certified pasteurizer sealers,
cleaning and sanitizing facilities, milk plants, and receiving or
transfer stations shall expire on December 31 of each year.
Permits issued to milk hauler-samplers shall expire on
March 31 of each year.  Permits issued for milk tank trucks
shall
remain valid indefinitely unless revoked by the Department for noncompliance
with the rules promulgated under this Act or the milk tank truck is
transferred or removed from service.
Permits issued for dairy farms shall have no expiration date and shall
remain valid indefinitely unless revoked by the Department for
noncompliance with the rules promulgated under this Act
or discontinuation of the dairy farm operation for which a
permit was issued.Applications for original permits or renewals shall be made on forms
furnished
by the Department.  Each application shall contain:  (1) the name and address
of the applicant or names and addresses of the partners if the applicant
is a partnership, or the names and addresses of the officers if the applicant
is a corporation, or the names and addresses of all persons having a financial
interest
therein if the applicant is a group of individuals, association or trust;
and (2) the location of the plant, station, cleaning and sanitizing
facility, certified pasteurizer sealer, milk tank truck, or milk
hauler-sampler.  A permit
shall be valid only in the hands of the person to whom it is issued and
shall not be the subject of sale, assignment or other transfer, voluntary
or involuntary, nor shall the permit be valid for any premises, milk tank
truck, certified pasteurizer sealer, or milk
hauler-sampler
other than the one for which originally issued.
		(Source: P.A. 92-216, eff. 1-1-02.) (410 ILCS 635/5.1) (from Ch. 56 1/2, par. 2205.1)Sec. 5.1. 
		
		(a) The Department shall charge a fee of $100
for each permit
issued to a milk plant; $50 for each permit issued to a receiving
station,
transfer station, or cleaning and sanitizing facility; $25 for
each
permit issued to a milk hauler-sampler; $25 for each permit issued for a milk
tank truck; and $100 for each certified
pasteurizer sealer.
In addition to such fees, the Department shall assess a late fee if an
application for renewal of a permit is received after the expiration date
of the existing permit.  The late fee shall be $50 for a permit issued to a
milk plant; $25 for a permit issued to a receiving station, transfer
station, or cleaning and sanitizing facility; and $15 for a permit issued
to a milk hauler-sampler.(b) All permit fees charged under this Section shall be deposited into the
Food and Drug Safety
Fund.
		(Source: P.A. 92-216, eff. 1-1-02.) (410 ILCS 635/6) (from Ch. 56 1/2, par. 2206)Sec. 6. 
		
		If the Department finds that a dairy farm, milk hauler-sampler, milk
plant, cleaning and sanitizing facility, receiving station, transfer
station, milk tank truck, or
pasteurizer sealer for which a permit is sought
is not in compliance with the provisions of this Act or the rules and
regulations
relating thereto, but that such dairy farm, milk plant, cleaning and
sanitizing facility, transfer or receiving
station, milk tank truck, milk
hauler-sampler, or pasteurizer sealer may operate
without undue prejudice to the public
health, the Department may issue a conditional permit setting forth the
conditions on which the permit is issued, the manner in which the dairy
farm, milk plant, cleaning and sanitizing facility, transfer or
receiving station, milk tank truck,
milk hauler-sampler, or pasteurizer sealer fails to
comply with the Act and such rules and regulations and shall set forth the
time, not to exceed 90 days, within which the applicant must make any changes
or corrections necessary in order for such dairy farm, milk plant,
cleaning and sanitizing facility, transfer
or receiving station, milk tank truck, milk
hauler-sampler, or
pasteurizer sealer to
fully comply with this Act and the
rules and regulations relating thereto.
		(Source: P.A. 92-216, eff. 1-1-02.) (410 ILCS 635/7) (from Ch. 56 1/2, par. 2207)Sec. 7. 
		
		After the effective date of this Act, properly prepared
plans for all dairy farm milking facilities, transfer stations, receiving
stations, cleaning and sanitizing facilities and milk plants regulated
under this Act which are hereafter constructed,
reconstructed, or extensively altered shall be submitted to the enforcing
agency for written approval before work is begun.
		(Source: P.A. 84-910.) (410 ILCS 635/8) (from Ch. 56 1/2, par. 2208)Sec. 8. 
		
		After the effective date of this Act, no person shall sell
or distribute, offer to sell or distribute any milk or milk product for
human use or consumption unless such milk or milk product has been pasteurized
and has been produced and processed in accordance with rules and regulations
promulgated by the Department.The term "sell or distribute for use or consumption" means to sell or distribute
to a person for human use or consumption and not for processing or resale in any form.The pasteurization requirement of this Section shall not be applicable
to milk produced in accordance with Department rules and regulations if
sold or distributed on the premises of the dairy farm.
		(Source: P.A. 83-102.) (410 ILCS 635/9) (from Ch. 56 1/2, par. 2209)Sec. 9. 
		
		All permits for farms, plants or stations as provided for in
this Act shall be displayed in a conspicuous place for public view within
or on the premises.
A sticker or decal identifying the permit number must be displayed on the
milk tank truck immediately adjacent to the
manufacturer's identification
plate.
A milk hauler-sampler shall maintain upon his  person his permit
or renewal at all such times as he is operating a milk tank truck
or collecting a sample.  A certified pasteurizer sealer shall maintain upon
his or her person his or her permit or renewal at all times during which he or
she is testing a pasteurizer.
		(Source: P.A. 92-216, eff. 1-1-02.) (410 ILCS 635/10) (from Ch. 56 1/2, par. 2210)Sec. 10. 
After proper identification, authorized representatives of
the enforcing agency are authorized and shall have the power to enter, at
reasonable times, all dairy farms, milk plants, cleaning and sanitizing
facilities, receiving stations, transfer stations, or vehicles used to
transport milk and milk products under its jurisdiction, for the purpose of
inspecting, sampling, and investigating conditions relating to the
enforcement of this Act and the rules and regulations promulgated hereunder.The enforcing agency has the responsibility to prevent the distribution of adulterated milk and milk products and to inform the public of adulterated milk and milk products already in commerce.  In response to a confirmed foodborne outbreak or when a high risk of infection exists, the enforcing agency shall require pathogen testing to be performed on the implicated milk and milk products. At least 4 times during every 6-month period, representatives of the
enforcing agency shall collect samples of milk from each milk plant for
testing in accordance with the rules adopted under this Act and the Grade A Pasteurized Milk Ordinance. Examination standards and enforcement thereof shall be in accordance with the rules adopted under this Act and the Grade A Pasteurized Milk Ordinance.Written notice of all violations shall be given
to the dairy farm, milk plant, cleaning and sanitizing facility, receiving
or transfer station, milk hauler-sampler, milk tank truck,
or certified pasteurizer sealer. The enforcing agency shall provide a dairy farm with a paper copy of the dairy farm's inspection report created in accordance with this Act at the time of inspection. 
(Source: P.A. 100-618, eff. 1-1-19.) (410 ILCS 635/11) (from Ch. 56 1/2, par. 2211)Sec. 11. 
		
		When the enforcing agent has reasonable cause to suspect that
a disease has been transmitted from any dairy farm, milk
plant, cleaning and sanitizing facility, receiving
station or transfer station, owner, operator, employee or milk
hauler-sampler, the
enforcing agency shall secure a morbidity history of the suspected individual,
or make such other investigations as may be indicated and take appropriate
action.  The enforcing agency may require any or all of the following measures:
(a) the immediate exclusion of the individual from the plant, station,
cleaning and sanitizing facility, or
milk tank truck; (b) the immediate closure of the plant, station,
cleaning and sanitizing facility, or milk
tank truck under the emergency provision as provided in this Act; (c) the
restriction of the individual's services to some production or processing
area where there would be no danger of transmitting disease; and (d) the
adequate medical and laboratory
examinations of the individual, and of his body discharges.
		(Source: P.A. 89-526, eff. 7-19-96.) (410 ILCS 635/12) (from Ch. 56 1/2, par. 2212)Sec. 12. 
		
		Whenever the enforcing agency finds that an imminent hazard
to the public health exists which requires immediate action to protect the
public health, it may, without any administrative procedure to bond, bring
an action for immediate injunctive relief to require that such
action be taken as the court may deem necessary to meet the  emergency,
including the closing of the dairy farm, milk plant, receiving or transfer
station, cleaning and sanitizing facility, milk hauler-sampler,
milk tank truck, or certified pasteurizer sealer or the suspension or
revocation of the permit.  Notwithstanding any
other
provision of this Act, such order shall be effective immediately.  The
court may issue an ex parte order and shall schedule a hearing on the
matter no later than 3 working days from the date of the injunction. Where
this Act is being enforced by the State of Illinois, the State's Attorney
of the county in which the violation occurred or the Attorney General shall
bring such actions in the name of the People of the State of Illinois.
When, in the opinion of the enforcing agency, such conditions are abated,
it may authorize reopening the plant, cleaning and sanitizing facility
or station, and the injunctive order shall be dissolved.
		(Source: P.A. 92-216, eff. 1-1-02.) (410 ILCS 635/13) (from Ch. 56 1/2, par. 2213)Sec. 13. 
		
		The enforcing agency is authorized to embargo or hold for
investigation any milk, milk product or equipment which it may have reason
to believe constitutes or may be contributing to a health hazard or
violates this Act or the rules
and regulations promulgated hereunder.  Such milk, milk product or equipment
shall not be disposed of until a release is secured from the enforcing agency.  The
enforcing agency shall complete its action on any such embargoed item within
a reasonable time and the plant or station shall be promptly notified of
the enforcing agency's decision.
		(Source: P.A. 84-910.) (410 ILCS 635/14) (from Ch. 56 1/2, par. 2214)Sec. 14. 
		
		Whenever the enforcing agency finds in any dairy farm, milk
plant, receiving station, transfer station or vehicle any milk, milk product
or other dairy product which contains any unwholesome substance, or that
may be poisonous or deleterious to health or otherwise unsafe, such milk,
milk product or other dairy product shall be declared to be a nuisance, the Director
or his authorized agent shall condemn or destroy it or in any other manner
render the same unsalable as human food.
		(Source: P.A. 84-910.) (410 ILCS 635/14.1) (from Ch. 56 1/2, par. 2214.1)Sec. 14.1. 
		
		(a) A milk tank truck used to haul grade A milk or milk
products may be used only for that purpose, and may not be used to haul any
other substance,
except those
substances listed pursuant to subsection (c) of this Section.(b) Milk introduced into any tank truck that has been previously used to
haul any chemical or foreign substance, other than grade A milk or milk
products, shall be presumed to be contaminated, unwholesome and unfit for
human
consumption, unless such tank truck was cleaned and sanitized prior to
the introduction of the milk according to the standards promulgated by the Department.(c) The Department shall adopt by rule a listing of those substances
other than milk that may be hauled by milk tank trucks into which, after
proper cleaning and sanitizing procedures have been completed, milk can be
reintroduced without risk of contamination from any residue from the
substance.  Such list shall not contain any toxic substance.(d) This Section does not prohibit the use in milk tank trucks of any
substance permitted by the Department to be used in the cleaning,
sterilization or routine maintenance of milk tank trucks.(e) The Department shall require the maintenance of a log for each
tank truck used to haul milk and other substances.  Such logs shall
include: (1) the date or dates of each trip taken by the tank truck; (2)
the name of the substance hauled by the tank truck; (3) the date the tank
truck was cleaned and sanitized; (4) the location where the truck was
cleaned and sanitized; and (5) such other information deemed necessary by
the Department to enforce this Act.  The log for a tank truck shall be
available upon request.
		(Source: P.A. 84-1069.) (410 ILCS 635/15) (from Ch. 56 1/2, par. 2215)Sec. 15. 
		
		The Department shall, in accordance with the Illinois
Administrative Procedure Act, promulgate, publish and adopt rules,
regulations and standards
as may be necessary for the proper enforcement of this Act.  The rules,
regulations and standards shall include but not be limited to requirements
for dairy farms, milk hauler-samplers, milk tank trucks, milk
plants, certified pasteurizer sealers, cleaning and sanitizing
facilities, receiving
stations and transfer stations.
		(Source: P.A. 92-216, eff. 1-1-02.) (410 ILCS 635/16) (from Ch. 56 1/2, par. 2216)Sec. 16. 
		Violation; penalty.(a) Any person who violates this Act or any rule or regulation
adopted by the Department under this Act shall be guilty of a Class A
misdemeanor and fined a sum of not less than $100, except that a milk
hauler-sampler or certified pasteurizer sealer
shall be guilty of a Class C misdemeanor.  Each day's violation shall
constitute
a separate offense.  The State's Attorney of the county in which the violation
occurred or the Attorney General shall bring such actions in the name of
the People of the State of Illinois, or may in addition to other remedies
provided in this Act, bring action for an injunction to restrain such
violations,
or to enjoin the operation which caused the violation.(b) Whenever a person ships milk found to be adulterated with a violative
drug residue, a penalty may be assessed equivalent to the suspension of milk
shipment for 48 hours for the first offense.  A second and third offense may
require a penalty equivalent to the suspension of milk shipment for 96 hours.
The Department shall adopt these penalties by rule.  Penalties collected by the
Department shall be deposited into the Food and Drug Safety Fund.
		(Source: P.A. 88-600, eff. 9-1-94; 89-526, eff. 7-19-96.) (410 ILCS 635/17) (from Ch. 56 1/2, par. 2217)Sec. 17. 
		
		The Administrative Review Law governs all proceedings for
judicial review of final administrative decisions of the Department under
this Act.  The term "administrative decision" is defined as in Section 3-101
of the Code of Civil Procedure.
		(Source: P.A. 83-102.) (410 ILCS 635/18) (from Ch. 56 1/2, par. 2218)Sec. 18. 
		
		The provisions of The Illinois Administrative Procedure Act
are adopted and apply to and govern all administrative procedures under this Act.
		(Source: P.A. 83-102.) (410 ILCS 635/19) (from Ch. 56 1/2, par. 2219)Sec. 19. 
		
		It is declared to be the law of this State, pursuant to paragraphs
(h) and (i) of Section 6 of Article VII of the Illinois Constitution
that the regulation
of dairy farms, milk plants, cleaning and sanitizing facilities,
receiving stations, transfer stations, milk tank trucks, milk
hauler-samplers, and certified pasteurizer sealers is an
exercise of exclusive State power which may not be exercised
concurrently by a home rule unit unless provided otherwise in Section 4 of this
Act.
		(Source: P.A. 92-216, eff. 1-1-02.)
(410 ILCS 637/1)Sec. 1. 
		Short title. 
		This Act may be cited as the Halal Food Act.
		(Source: P.A. 92-394, eff. 1-1-02.) (410 ILCS 637/5)Sec. 5. 
		Definitions. 
		As used in this Act:"Advertise" means to engage in promotional activities including, but
not limited to, newspaper, radio, Internet and electronic media, and
television advertising;
the distribution of fliers and circulars; and the display of window and
interior signs."Food", "food product", or "food commodity" means any
food or food product inspected as required by law, or any food preparation
from a source approved by the Department of Agriculture, whether raw or
prepared
for human consumption, and whether in a solid or liquid state, including, but
not limited to, any meat, meat product or meat
preparation; any milk, milk product or milk preparation; and any
beverage."Food commodity in package form" means a food commodity put up
or packaged in any manner in advance of sale in units
suitable for retail sale and which is not intended for consumption at the point
of manufacture."Halal" means prepared under and maintained in strict compliance
with the laws and customs of the Islamic religion including but not limited
to those laws and customs of zabiha/zabeeha (slaughtered according to
appropriate Islamic code), and as expressed by reliable recognized Islamic
entities and scholars.
		(Source: P.A. 92-394, eff. 1-1-02.) (410 ILCS 637/10)Sec. 10. 
		Deception prohibited.(a) It is a Class B misdemeanor for any person to make any oral or written
statement that
directly or indirectly tends to deceive or otherwise lead a reasonable
individual to believe that a non-halal food or food product
is halal.(b) The presence of any non-halal food or food product in any place of
business that advertises or represents itself in any manner
as selling, offering for sale, preparing, or serving halal food or food
products only, is presumptive evidence that the person in
possession offers the food or food product for sale in violation of subsection
(a).(c) It shall be a complete defense to a prosecution under subsection (a)
that
the defendant relied in
good faith upon the representations of an animals' farm, slaughterhouse,
manufacturer,
processor, packer, or distributor, or any person or
organization which certifies or represents any food or food product at issue
to be halal or as having been prepared under or
sanctioned by Islamic religious requirements.
		(Source: P.A. 92-394, eff. 1-1-02.) (410 ILCS 637/15)Sec. 15. 
		Other offenses concerning halal food. 
		It is a Class B
misdemeanor for any person to:(1) falsely represent any animal sold, grown, or     offered for sale to be grown in a halal way to become food for human consumption;(2) falsely represent any food sold, prepared,     served, or offered for sale to be halal;(3) remove or destroy, or cause to be removed or     destroyed, the original means of identification affixed to food commodities to indicate that the food commodities are halal, except that this paragraph (3) may not be construed to prevent the removal of the identification if the commodity is offered for sale as non-halal;(4) sell, dispose of, or have in his or her     possession for the purpose of resale as halal any food commodity to which an animals' farm or slaughterhouse mark, stamp, tag, brand, label, or other means of identification has been fraudulently attached;(5) label or identify a food commodity in package     form to be halal or possess such labels or means of identification, unless he or she is the manufacturer or packer of the food commodity in package form;(6) label or identify an article of food not in     package form to be halal or possess such labels or other means of identification, unless he or she is the manufacturer of the article of food;(7) falsely label any food commodity in package form     as halal by having or permitting to be inscribed on it, in any language, the words "halal" or "helal", or any other words or symbols, not limited to characters in Arabic writing, which would tend to deceive or otherwise lead a reasonable individual to believe that the commodity is halal;(8) sell, offer for sale, prepare, or serve in or     from the same place of business both unpackaged non-halal food and unpackaged food he or she represents to be halal unless he or she posts a window sign at the entrance of his or her establishment which states in block letters at least 4 inches in height: "Halal and Non-Halal Foods Sold Here", or "Halal and Non-Halal Foods Served Here", or a statement of similar import;(9) sell or have in his or her possession for the     purpose of resale as halal any food commodity not having affixed thereto the original animals' farm or slaughterhouse mark, stamp, tag, brand, label, or other means of identification employed to indicate that the food commodity is halal; or(10) display for sale, in the same show window or     other location on or in his or her place of business, both unpackaged food represented to be halal and unpackaged non-halal food unless he or she:(A) displays over the halal and non-halal food         signs that read, in clearly visible block letters, "halal food" and "non-halal food", respectively, or, as to the display of meat alone, "halal meat" and "non-halal meat", respectively;(B) separates the halal food products from the         non-halal food products by keeping the products in separate display cabinets, or by segregating halal items from non-halal items by use of clearly visible dividers; and(C) slices or otherwise prepares the halal food         products for sale with utensils used solely for halal food items.		(Source: P.A. 92-394, eff. 1-1-02.) (410 ILCS 637/20)Sec. 20. 
		Federal law. 
		Nothing in this Act shall be construed to exempt
halal food from any provisions of the federal Humane Methods of Slaughter Act
of 1978 that may be applicable.
		(Source: P.A. 92-394, eff. 1-1-02.) (410 ILCS 637/90)Sec. 90. 
		(Amendatory provisions; text omitted). 
		(Source: P.A. 92-394, eff. 1-1-02; text omitted.)
(410 ILCS 638/1)Sec. 1. Short title. This Act may be cited as the Healthy Food Program Development Act.
(Source: P.A. 102-1049, eff. 1-1-23.) (410 ILCS 638/5)Sec. 5. Definitions. In this Act:"Corner store" means a retail establishment that sells grocery products and has less than 5,000 square feet of selling area."Department" means the Department of Human Services."Eligible area" means a historically underutilized business zone, as defined by 15 U.S.C. 632(p)(1)."Farmers' market" means a public market at which farmers and other producers sell fresh produce and healthy foods."Grocery store" means a retail establishment that has: (1) a primary business of selling grocery products; (2) has at least 5,000 square feet of selling area that is used for a general line of food and non-food grocery products; and (3) meets the eligibility requirements for the federal Supplemental Nutrition Assistance Program."Small food retailer" means a small business that is not a grocery store.
(Source: P.A. 102-1049, eff. 1-1-23.) (410 ILCS 638/10)Sec. 10. Healthy Food Development Program.(a) The Department may coordinate with the Department of Commerce and Economic Opportunity to establish a Healthy Food Development Program to expand access to healthy foods in eligible areas in the State by providing assistance to grocery stores, corner stores, farmers' markets, and other small food retailers.(b) The Department of Public Health, Environmental Protection Agency, and other relevant State agencies shall coordinate with the Department and the Department of Commerce and Economic Opportunity upon request to establish the Healthy Food Development Program.
(Source: P.A. 102-1049, eff. 1-1-23.) (410 ILCS 638/15)Sec. 15. The Healthy Food Development Program benefits.(a) The Healthy Food Development Program may provide a combination of any or all of the following benefits to grocery stores, corner stores, farmers' markets, or other small food retailers in eligible areas:(1) grants;(2) loans;(3) State tax credits;(4) equipment;(5) other financial assistance; and(6) technical assistance.(b) The benefits provided in subsection (a) shall be awarded to grocery stores, corner stores, farmers' markets, and other small food retailers in eligible areas on a competitive basis, with priority given to projects with the greatest potential impact to expand access to healthy foods in eligible areas that are underserved by retail sales of healthy food in this State.(c) Grocery stores, corner stores, farmers' markets, and other small food retailers are encouraged to work cooperatively to expand access to healthy foods in eligible areas in this State.(d) The Department and the Department of Commerce and Economic Opportunity may contract with non-profit organizations to promote and implement this program.
(Source: P.A. 102-1049, eff. 1-1-23.) (410 ILCS 638/20)Sec. 20. Requirements.(a) Grocery stores, corner stores, farmers' markets, and other small retailers participating in the Healthy Food Development Program shall be strongly encouraged to:(1)    apply and accept benefits from the federal     Supplemental Nutrition Assistance Program (SNAP);(2)    apply and accept benefits from the federal     Women, Infants, and Children (WIC) program; and(3)    employ residents of this State.(b)    Resources may be provided to assist grocery stores, corner stores, farmers' markets, and other small food retailers in acquiring the necessary technology to accept SNAP and WIC benefits.(c)   As a condition of participating in the Healthy Food Development Program, persons or entities operating grocery stores, corner stores, farmers' markets, and other small food retailers shall agree in writing to sell produce or other healthy foods for at least 3 years; provided that this requirement is not applicable if the individual or entity, or its successor ceases all of its retail food sales operations.
(Source: P.A. 102-1049, eff. 1-1-23.) (410 ILCS 638/25)Sec. 25. Grocery ambassador.(a) The Department shall designate a grocery ambassador to assist retailers of healthy foods in this State by: (1) providing research and data on eligible areas with insufficient grocery access; (2) coordinating with the Department and the Department of Commerce and Economic Opportunity and other relevant State agencies; (3) providing assistance to small grocery retailers in this State, including obtaining and expediting regulatory procedures; and (4) providing other assistance as needed.(b) The Department and the Department of Commerce and Economic Opportunity may issue grants, on a competitive basis, for the establishment of a commercial distribution system for fresh produce and healthy foods.
(Source: P.A. 102-1049, eff. 1-1-23.)
(410 ILCS 640/0.01) (from Ch. 56 1/2, par. 288.9)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Hearth Baked Bread Act.
		(Source: P.A. 86-1324.) (410 ILCS 640/1) (from Ch. 56 1/2, par. 289)Sec. 1. 
		
		Foreign-type, hearth-baked bread may be sold at retail in open-end
bags.
		(Source: Laws 1959, p. 732.) (410 ILCS 640/2) (from Ch. 56 1/2, par. 290)Sec. 2. 
		The Department of Public Health shall enforce this Act. 
		(Source: Laws 1965, p. 2893.)
(410 ILCS 642/1)Sec. 1. Short title. This Act may be cited as the Home Health and Hospice Drug Dispensation and Administration Act.
(Source: P.A. 94-638, eff. 8-22-05.) (410 ILCS 642/5)Sec. 5. Legislative intent. The General Assembly intends to protect the home health care and hospice services patient by allowing authorized nursing employees in the home health and hospice professions to have specified drugs readily available when a patient may require their use.(Source: P.A. 94-638, eff. 8-22-05.) (410 ILCS 642/10)Sec. 10. Definitions. In this Act:"Authorized nursing employee" means a registered nurse or  advanced practice registered nurse, as defined in the Nurse Practice Act, who is employed by a home health agency or hospice licensed in this State."Health care professional" means a physician licensed to practice medicine in all its branches, a licensed advanced practice registered nurse, or a licensed physician assistant."Home health agency" has the meaning ascribed to it in Section 2.04 of the Home Health, Home Services, and Home Nursing Agency Licensing Act."Hospice" means a full hospice, as defined in Section 3 of the Hospice Program Licensing Act."Physician" means a physician licensed under the Medical Practice Act of 1987 to practice medicine in all its branches.
(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.) (410 ILCS 642/15)Sec. 15. Purchase of specified drugs. A home health agency or hospice may purchase sealed portable containers of drugs specified in Section 20 of this Act pursuant to a prescription from its medical director who is a physician or from a health care professional for the purpose of administration to the agency's or hospice's patients under the patient's treating health care professional's orders.
(Source: P.A. 94-638, eff. 8-22-05.) (410 ILCS 642/20)Sec. 20. Possession of specified drugs.(a)    A home health agency, hospice, or authorized  nursing employee of an agency or hospice, in compliance with this Section, may possess or transport the following specified drugs in a sealed portable container for the purpose of administration to the agency's or hospice's patients pursuant to the patient's treating health care professional's orders:(1)   Sterile saline in a sealed portable container     of a size determined by the dispensing pharmacist.(2) Sterile water.(3)   Not more than 5 dosage units of any of the     following items in an individually sealed, unused portable container:(A)  Heparin sodium lock flush in a concentration         of 10 units per milliliter or 100 units per milliliter.(B) Epinephrine HCI solution in a concentration         of one to 1,000.(4)   Not more than 2 dosage units of Diphenhydramine     (Benadryl) 50 milligrams intravenously in an individually sealed, unused portable container, clearly labeled, and placed in a protective carrier.(Source: P.A. 94-638, eff. 8-22-05.) (410 ILCS 642/25)Sec. 25. Proper procedures.(a)A home health agency, hospice, or authorized nursing employee of an agency or hospice may purchase, possess, or transport drugs listed in Section 20 of this Act in a sealed portable container only if the agency or hospice has established policies and procedures to ensure that:(1)    the container is handled properly with respect     to storage, transportation, and temperature stability;(2)   a drug is removed from the container only on a     health care professional's written or oral order;(3)   the administration of any drug in the container     is performed in accordance with a specific treatment protocol; and(4)   the agency or hospice maintains a written     signature record of the dates and times the container is in the possession of an authorized nursing employee.(b)An authorized nursing employee of an agency or hospice who administers a drug listed in Section 20 of this Act may administer the drug only in the patient's residence under a treating health care professional's orders in connection with the provision of emergency treatment or the adjustment of parenteral drug therapy.(c)When an authorized nursing employee of an agency or hospice administers a drug listed in Section 20 of this Act pursuant to a treating health care professional's oral order, the authorized nursing employee or the agency or hospice shall

reduce the order to written form and send this written confirmation  to the patient's treating health care professional by mail or facsimile transmission, not later than 24 hours after receipt of the order.(d)A pharmacist who dispenses a sealed portable container under Section 20 of this Act shall ensure that the container:(1)   Is designed to allow access to the contents of     the container only if a tamper-proof seal is broken.(2)   Bears a label that lists the drugs in the     container and provides notice of the container's expiration date, which is the earlier of:(A) the date that is 6 months after the date on         which the container is dispensed; or(B) the earliest expiration date of any drug in         the container.(e)A pharmacy that dispenses a sealed portable container under this Act shall provide written instructions and counsel  the authorized nursing employee of a home health agency or hospice on the safe storage, transportation, and temperature stability of the contents of the sealed container.
(Source: P.A. 94-638, eff. 8-22-05.) (410 ILCS 642/99)Sec. 99. Effective date. This Act takes effect upon becoming law.
		
(Source: P.A. 94-638, eff. 8-22-05.)
(410 ILCS 645/0.01) (from Ch. 56 1/2, par. 288.01)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Kosher Food Act.
		(Source: P.A. 86-1324.) (410 ILCS 645/1) (from Ch. 56 1/2, par. 288.1)Sec. 1. 
		
		(a) Every person, who, with intent to defraud, sells, or exposes
for sale
any meat or meat preparations and falsely represents the same to be kosher,
whether such meat or meat preparations be raw or prepared for human
consumption, or as having been prepared under and of a product or products
sanctioned by the certifying organization or the supervising rabbi;
or falsely represents any food product or the contents of any food package or
container to be so constituted and prepared, by having or permitting to be
inscribed thereon the word "kosher" in any language; or in any sign, display
or advertisement characterizes his place of business as a "kosher"
establishment
if non-kosher food products are sold or offered for sale in such place of
business; or who,
while dealing or purporting to deal in kosher meat or meat preparations,
prepares or handles or sells, or causes to be prepared or handled or sold,
any food products which, when so prepared or handled or sold together with
kosher meat or meat preparations, constitute a violation of the requirements
of the certifying
organization or the supervising rabbi, and thereby render such
kosher meat or meat preparations, so handled or sold in conjunction
therewith, non-kosher, or who otherwise in the preparation, handling, and
sale of such kosher meat or meat preparations fails to comply with
such religious requirements and dietary laws necessary to constitute such
meat or meat preparations kosher, or who, without complying with
such religious or dietary laws, issues or maintains any sign or
advertisement in any language purporting to represent that he sells or
deals in kosher meat or meat preparations, shall be deemed guilty
of a misdemeanor and subject to the penalty provided for in
Section 2 of this Act.(b) It shall be unlawful to label or designate food or food products
with the words parve or pareve knowing that such food or food products contain
milk, meat or poultry products rendering
such food products impermissible to be used or eaten according to the
certifying
organization or the supervising rabbi.(c) Any food commodity in package form which is marked as being certified
by an organization, identified on the package by any symbol or is marked
as being Kosher shall not be offered for sale by the producer or distributor
of such food commodity until 30 days after such producer or distributor
shall have registered the name, current address and telephone numbers of
the certifying organization or the supervising rabbi with the Illinois
Department
of Agriculture.
		(Source: P.A. 93-134, eff. 1-1-04.) (410 ILCS 645/2) (from Ch. 56 1/2, par. 288.2)Sec. 2. 
		
		
		Any person convicted of violating Section 1 of this Act, shall for the
first offense, be guilty of a Class C misdemeanor and for the second and
each subsequent offense shall be guilty of a Class A misdemeanor.
		(Source: P.A. 77-2510.)
(410 ILCS 647/1)Sec. 1. Short title. This Act may be cited as the Powdered Caffeine Control and Education Act.
(Source: P.A. 99-50, eff. 1-1-16.) (410 ILCS 647/5)Sec. 5. Findings. The General Assembly finds that the United States Food and Drug Administration issued a warning concerning powdered pure caffeine that companies market to consumers. The powder, often sold in bulk, is nearly 100% pure caffeine. Caffeine powder is easily purchased online, including on websites that sell vitamins and supplements. Because the product is unregulated by the United States Food and Drug Administration, health experts indicate that it is nearly impossible to know what dose of caffeine an individual is consuming, even if the powder is measured carefully. While caffeine in small quantities is generally not dangerous for human consumption, large quantities of caffeine can be extremely dangerous, even fatal. The American Academy of Pediatrics discourages the consumption of caffeine and related stimulants by children and adolescents.
(Source: P.A. 99-50, eff. 1-1-16.) (410 ILCS 647/10)Sec. 10. Purpose. The purpose of this Act is to ban the sale of powdered pure caffeine to minors within the State in order to protect their health and safety.
(Source: P.A. 99-50, eff. 1-1-16.) (410 ILCS 647/15)Sec. 15. Definitions.  As used in this Act:"Person" means any natural person, corporation, partnership, firm, organization, association, or other legal entity."Powdered pure caffeine" means any product composed purely of caffeine in a loose powdered form.
(Source: P.A. 99-50, eff. 1-1-16.) (410 ILCS 647/20)Sec. 20. Control of the sale of powdered pure caffeine.(a) No person may sell, offer for sale, give away, or provide free samples of powdered pure caffeine to any person under age 18 located within the State or to any person under age 18 making the purchase from within the State.(b) The prohibition of subsection (a) of this Section does not apply to the sale of any powdered pure caffeine product that receives explicit approval as safe and effective for its intended use under the federal Food, Drug, and Cosmetic Act or is lawfully marketed under an over-the-counter monograph issued by the United States Food and Drug Administration.
(Source: P.A. 99-50, eff. 1-1-16.) (410 ILCS 647/25)Sec. 25. Penalties.(a) Any person who violates this Act is guilty of a Class A misdemeanor.(b) For a second or subsequent violation of this Act, a person is guilty of a Class 4 felony.
(Source: P.A. 99-50, eff. 1-1-16.) (410 ILCS 647/99)Sec. 99. Effective date. This Act takes effect January 1, 2016. 
(Source: P.A. 99-50, eff. 1-1-16.)
(410 ILCS 649/1)Sec. 1. Short title. This Act may be cited as the Right to Try Act.
(Source: P.A. 99-270, eff. 1-1-16.) (410 ILCS 649/5)Sec. 5. Findings. The General Assembly finds that the process of approval for investigational drugs, biological products, and devices in the United States often takes many years, and a patient with a terminal illness does not have the luxury of waiting until such drug, product, or device receives final approval from the United States Food and Drug Administration. As a result, the standards of the United States Food and Drug Administration for the use of investigational drugs, biological products, and devices may deny the benefits of potentially life-saving treatments to terminally ill patients. A patient with a terminal illness has a fundamental right to attempt to preserve his or her own life by accessing investigational drugs, biological products, and devices. Whether to use available investigational drugs, biological products, and devices is a decision that rightfully should be made by the patient with a terminal illness in consultation with his or her physician and is not a decision to be made by the government.
(Source: P.A. 99-270, eff. 1-1-16.) (410 ILCS 649/10)Sec. 10. Definitions. For the purposes of this Act:"Accident and health insurer" has  the meaning given to that term in Section 126.2 of the Illinois Insurance Code."Eligible patient" means a person who:(1) has a terminal illness;(2) has considered all other treatment options     approved by the United States Food and Drug Administration;(3) has received a prescription or recommendation     from his or her physician for an investigational drug, biological product, or device;(4) has given his or her informed consent in writing     for the use of the investigational drug, biological product, or device or, if he or she is a minor or lacks the mental capacity to provide informed consent, a parent or legal guardian has given informed consent on his or her behalf; and(5) has documentation from his or her physician     indicating that he or she has met the requirements of this Act."Investigational drug, biological product, or device" means a drug, biological product, or device that has successfully completed Phase I of a clinical trial, but has not been approved for general use by the United States Food and Drug Administration."Phase I of a clinical trial" means the stage of a clinical trial where an investigational drug, biological product, or device has been tested in a small group for the first time to evaluate its safety, determine a safe dosage range, and identify side effects."Terminal illness" means a disease that, without life-sustaining measures, can reasonably be expected to result in death in 24 months or less.
(Source: P.A. 99-270, eff. 1-1-16.) (410 ILCS 649/15)Sec. 15. Availability of drugs, biological products, and devices.(a) A manufacturer of an investigational drug, biological product, or device may make available such drug, product, or device to eligible patients. Nothing in this Act shall be construed to require a manufacturer to make available any drug, product, or device.(b) A manufacturer may:(1) provide an investigational drug, biological     product, or device to an eligible patient without receiving compensation; or(2) require an eligible patient to pay the costs of     or associated with the manufacture of the investigational drug, biological product, or device.(Source: P.A. 99-270, eff. 1-1-16.) (410 ILCS 649/20)Sec. 20. Insurance coverage. An accident and health insurer may choose to provide coverage for the cost of an investigational drug, biological product, or device. Nothing in this Act shall be construed to require an accident and health insurer to provide coverage for the cost of any investigational drug, biological product, or device.
(Source: P.A. 99-270, eff. 1-1-16.) (410 ILCS 649/25)Sec. 25. Penalty. Any official, employee, or agent of the State who blocks or attempts to block access by an eligible patient to an investigational drug, biological product, or device shall be guilty of a misdemeanor, punishable by a fine not to exceed $1,500.
(Source: P.A. 99-270, eff. 1-1-16.) (410 ILCS 649/80)Sec. 80. (Amendatory provisions; text omitted).
(Source: P.A. 99-270, eff. 1-1-16; text omitted.) (410 ILCS 649/90)Sec. 90. (Amendatory provisions; text omitted).
(Source: P.A. 99-270, eff. 1-1-16; text omitted.)
(410 ILCS 65/1) (from Ch. 111 1/2, par. 8051)Sec. 1. 
		This Act may be cited as the Illinois Rural/Downstate Health Act. 
		(Source: P.A. 86-965; 86-1187.) (410 ILCS 65/2) (from Ch. 111 1/2, par. 8052)Sec. 2. 
		
		The General Assembly finds that citizens in the rural, downstate
and designated shortage areas of this State are increasingly faced with
problems in accessing necessary health care. The closure of small rural
hospitals, the inability of these areas to attract new physicians, the
elimination of  existing physician services because of increasing practice
costs, including the cost of providing malpractice insurance, and the lack
of systems of emergency medical care contribute to the access problems
experienced by these residents. While Illinois is not unique
in experiencing
these problems, the need to maintain or enhance the economies of these
areas of the State requires that new and innovative strategies be
identified and implemented to respond to the health care needs of residents
of these areas. It is therefore the intent of this General Assembly to
create a program to respond to this problem.For purposes of this Act, "designated shortage areas" means medically
underserved areas or health manpower shortage area as defined by the
United States Department of Health and Human Services or as otherwise
designated by the Illinois Department of Public Health.
		(Source: P.A. 91-357, eff. 7-29-99.) (410 ILCS 65/3) (from Ch. 111 1/2, par. 8053)Sec. 3. 
		
		The Illinois Department of Public Health shall establish a
downstate health care program as a component of primary care development. The
Department shall create a Center for Rural Health to coordinate programs
and activities within the agency relating to access to health care in rural
areas and designated shortage areas. The Center may work with universities,
private foundations, health care providers or other interested
organizations, private foundations, health care providers or other
interested organizations on innovative strategies to respond to the health
care needs of residents of these areas.The Center shall cooperate with Southern Illinois University programs and
services that respond to the health care needs of residents of downstate
areas, including but not limited to the development of primary care
centers, the development of obstetrical care centers through affiliation
with hospitals and clinics, and the conduct of health research and evaluation.The Center shall cooperate with University of Illinois programs and
services that respond to the health care needs of residents of downstate
areas, including but not limited to:  developing innovative educational
strategies designed to graduate primary care physicians, especially family
physicians, for all Illinois, particularly the rural underserved areas;
developing primary care centers with comprehensive care, including
emergency and obstetric care through affiliation with hospitals and
clinics; and conducting health research and evaluation.
		(Source: P.A. 86-965; 86-1187; 87-1162.) (410 ILCS 65/3.1) (from Ch. 111 1/2, par. 8053.1)Sec. 3.1. 
		
		Southern Illinois University shall expand its focus on rural
health care as a component of health professions education programs on its
several campuses, including, but not limited to, its programs in medicine,
nursing, dentistry, and technical careers, and through research and
technical assistance programs.  The University shall further encourage the
regional outreach mission of its School of Medicine through the
establishment of a dedicated administrative entity within the School with
responsibility for rural health care planning and programming.  The
University may work with communities, state agencies, other colleges and
universities, private foundations, health care providers, and other
interested organizations on innovative strategies to respond to the health
care needs of residents of rural areas.The University shall have the authority:(a) To establish such clinical centers as may be necessary to carry out
the intent of this Act according to the following priorities:(1) Preference for programs which are designed to     facilitate the education of health professions students.(2) Preference for programs established in locations     which exhibit potential for locating physicians in health manpower shortage areas.(3) Preference for programs which are located away     from communities in which medical school and residency programs are located.(4) Preference for programs which are geographically     distributed throughout downstate Illinois.(b) To receive and disburse funds in accordance with the purpose stated
in Section 2 of this Act.(c) To enter into contracts or agreements with any agency or department
of the State of Illinois or the United States to carry out the provisions
of this Act.
		(Source: P.A. 86-1187.) (410 ILCS 65/3.2) (from Ch. 111 1/2, par. 8053.2)Sec. 3.2. 
		
		The University of Illinois shall expand its focus on
enrolling, training, and graduating primary care physicians, particularly
family physicians.  Both the undergraduate programs and the postgraduate
Family Practice Residency Program may increase their service and training
commitments in order to provide health care to additional sites in rural
underserved areas.  The College of Medicine shall by means of recruitment
and by means of special undergraduate tracks and satellite residency
programs, graduate family physicians to serve in rural underserved areas.
The University shall further attempt to meet the needs of the residents of
rural Illinois by establishing administrative entities to coordinate
service, education and research in primary care and may work with
communities, State agencies, other colleges and universities, private
foundations, health care providers and other interested organizations on
innovative strategies to respond to the challenges of producing more
primary care physicians, particularly family physicians, for the rural
underserved areas.The University shall have the authority:(1) to establish such clinical and educational centers as may be
necessary to carry out the intent of this Act according to the following priorities:(A) preference for programs which are designed to     enroll, educate and facilitate the graduation of primary care physicians particularly family physicians for rural underserved Illinois.(B) preference for the establishment of education and     service programs both for graduate and undergraduate students in health manpower shortage areas in Illinois according to the needs of the residents.(C) preference for programs established in locations     which exhibit potential for locating physicians in health manpower shortage areas.(D) preference for programs which require     comprehensive primary care services, including emergency and obstetric care, which can most appropriately be serviced by family physicians.(E) preference for programs which require the health     care team in the meeting of residents' medical needs.(F) preference for programs which involved networking     with other agencies, organizations and institutions which have similar objectives.(G) preference for programs which are geographically     situated in manpower underserved areas.(2) to receive and disburse funds in accordance with the purpose stated
in Section 2 of this Act.(3) to enter into contracts or agreements with any agency or department of
the State of Illinois or the United States to carry out the provisions of this
Act.
		(Source: P.A. 87-1162.) (410 ILCS 65/4) (from Ch. 111 1/2, par. 8054)Sec. 4. 
		The Center shall have the authority:(a) To assist rural communities and communities in designated shortage
areas by providing technical assistance to community leaders in defining
their specific health care needs and identifying strategies to address
those needs.(b) To link rural communities and communities in designated shortage
areas with other units in the Department or other State agencies which can
assist in the solution of a health care access problem.(c) To maintain and disseminate information on innovative  health care
strategies, either directly or indirectly.(d) To administer State or federal grant programs relating to rural
health or medically underserved areas established by State or federal
law for which funding has been made available.(e) To promote the development of primary care services in rural areas
and designated shortage areas. Subject to available appropriations, the
Department may annually award grants of up to $300,000 each to enable the
health services in those areas to offer multi-service comprehensive
ambulatory care, thereby improving access to primary care services.
Grants may cover operational and facility construction and renovation
expenses, including but not limited to the cost of personnel, medical
supplies and equipment, patient transportation, and health provider
recruitment. The Department shall prescribe by rule standards and
procedures for the provision of local matching funds in relation to each
grant application. Grants provided under this paragraph (e) shall be in
addition to support and assistance provided under subsection (a) of Section
2310-200 of the
Department of Public Health Powers and Duties Law (20 ILCS
2310/2310-200).  Eligible
applicants
shall include,
but not be limited to, community-based organizations, hospitals, local
health departments, and Community Health Centers as defined in Section 4.1
of this Act.(f) To annually
provide grants from available appropriations to hospitals located in
medically underserved areas or health manpower shortage areas as defined by
the United States Department of Health and Human Services, whose governing
boards include significant representation of consumers of hospital services
residing in the area served by the hospital, and which agree not to
discriminate in any way against any consumer of hospital services based
upon the consumer's source of payment for those services. Grants that may
be awarded under this paragraph (f) shall be limited to $500,000 and shall
not exceed 50% of the total project need indicated in each application.
Expenses covered by the grants may include but are not limited to facility
renovation, equipment acquisition and maintenance, recruitment of health
personnel, diversification of services, and joint venture arrangements.(g) To establish a recruitment center which shall actively recruit
physicians and other health care practitioners to participate in the
program, maintain contacts with participating practitioners, actively
promote health care professional practice in designated shortage areas,
assist in matching the skills of participating medical students with the
needs of community health centers in designated shortage areas, and assist
participating medical students in locating in designated shortage areas.(h) To assist communities in designated shortage areas find alternative
services or temporary health care providers when existing health care
providers are called into active duty with the armed forces of the United
States.(i) To develop, in cooperation with the Illinois Finance
Authority, financing programs whose goals and purposes shall be to provide
moneys to carry out the purpose of this Act, including, but not limited to,
revenue bond programs, revolving loan programs, equipment leasing programs, and
working cash programs.  The Department may transfer to the Illinois
Finance Authority, into an account outside of the State treasury, moneys in
special funds of the Department for the purposes of establishing those
programs.  The disposition of any moneys so transferred shall be determined by
an interagency agreement.
		(Source: P.A. 92-16, eff. 6-28-01; 93-205, eff. 1-1-04.) (410 ILCS 65/4.1) (from Ch. 111 1/2, par. 8054.1)Sec. 4.1. 
		
		The Center may make grants under a Community Health Center
Program ("Program") to assist existing community health centers and to
encourage the development of new community health centers in designated
shortage areas. Grants may be made for purposes including, but not limited
to, assistance in the recruitment and retention of medical professionals,
purchase of new equipment, operational expenses, facility construction and
renovation, and outreach programs for medically underserved populations.
The Program shall avoid duplicating resources in areas where primary health
care services are already available. For purposes of this Section,
"community health center" includes: (1) migrant health centers or community
health centers or health care for the homeless programs supported under
Section 329, 330, or 340 of the federal Public Health Service Act,
respectively; and (2) Federally Qualified Health Centers as designated by
the federal Health Care Financing Administration or Illinois Department of
Public Health. For purpose of this Section, "designated shortage area"
means a medically underserved area or health manpower shortage area as
defined by the United States Department of Health and Human Services or as
otherwise designated by the Illinois Department of Public Health.
		(Source: P.A. 86-1187.) (410 ILCS 65/5) (from Ch. 111 1/2, par. 8055)Sec. 5. 
		
		The Department shall establish a downstate health demonstration
grant program, funded from appropriations available for such purpose, to
initiate innovative proposals to respond to access problems in medically
underserved rural areas and in designated shortage areas. The Department
shall designate those rural areas that qualify as medically underserved
for this purpose.
		(Source: P.A. 86-965; 86-1187.) (410 ILCS 65/5.5)Sec. 5.5. Rural/Downstate Health Access Fund.(a) The
Rural/Downstate Health Access Fund is created as a special fund in the State
treasury.  Moneys from fees and gifts, grants, or donations made to the Center for Rural
Health shall be deposited into the Fund.  Subject to appropriation and except as provided in subsection (b) of this Section, moneys in
the Fund shall be used in the following manner for rural health
programs or for programs for the medically underserved authorized under this Act:  60.2% shall be distributed to the
Department of Public Health, 26.3% shall be distributed to the Board of
Trustees of Southern Illinois University, and 13.5% shall be distributed to the
Board of Trustees of the University of Illinois.(b) The Center for Rural Health at the Department of Public Health may require that a J-1 Visa Waiver
Program application fee be collected from international medical graduates for the purpose of administering the Program. J-1 Visa Waiver
Program application fees shall be deposited into the
Rural/Downstate Health Access Fund, shall be dedicated to the
administration of the J-1 Visa Waiver Program in Illinois,
and may not be subject to the distribution formula referenced
in subsection (a) of this Section.(c) The Center for Rural Health
shall administer the Fund.(d) The Department shall adopt rules necessary to implement the provisions of this Section. (Source: P.A. 98-1006, eff. 1-1-15.)
(410 ILCS 650/0.01) (from Ch. 56 1/2, par. 66.90)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Sanitary Food Preparation Act.
		(Source: P.A. 86-1324.) (410 ILCS 650/1) (from Ch. 56 1/2, par. 67)Sec. 1. 
		
		That every building, room, basement, inclosure
or premises, occupied, used or maintained as a bakery, confectionery,
cannery, packing house, slaughter house, creamery, cheese factory,
restaurant, hotel, grocery, meat market, or as a factory, shop, warehouse,
any public or place or manufacturing establishment used for the
preparation, manufacture, packing, storage, sale or distribution of any
food as defined by statute, which is intended for sale, shall be properly
and adequately lighted, drained, plumbed and ventilated, and shall be
conducted with strict regard to the influence of such conditions upon the
health of the operatives, employees, clerks, or other persons therein
employed, and the purity and wholesomeness of the food therein produced,
prepared, manufactured, packed, stored, sold or distributed.
		(Source: Laws 1911, p. 528.) (410 ILCS 650/1.1) (from Ch. 56 1/2, par. 67.1)Sec. 1.1. 
		(Repealed). 
		(Source: Repealed by P.A. 88-45.) (410 ILCS 650/2) (from Ch. 56 1/2, par. 68)Sec. 2. 
		
		The floors, sidewalks, ceilings, furniture, receptacles,
implements and machinery of every such establishment or place where such
food intended for sale is produced, prepared, manufactured, packed,
stored, sold or distributed, and all cars, trucks and vehicles used in
the transportation of such food products, shall at no time be kept or
permitted to remain in an unclean, unhealthful or insanitary condition;
and for the purpose of this act, unclean, unhealthful or insanitary
conditions shall be deemed to exist if food in the process of
production, preparation, manufacture, packing, storing, sale,
distribution or transportation is not securely protected from flies,
dust, dirt, and, as far as may be necessary by all reasonable means,
from all other foreign or injurious contamination; or if the refuse,
dirt or waste products subject to decomposition and fermentation
incident to the manufacture, preparation, packing, storing, selling,
distributing or transportation of such food are not removed daily, or if
all trucks, trays, boxes, buckets or other receptacles, or the shutes,
platforms, racks, tables, shelves, and knives, saws, cleavers or other
utensils, or the machinery used in moving, handling, cutting, chopping,
mixing, canning or other processes are not thoroughly cleaned daily; or
if the clothing of operatives, employes, clerks or other persons therein
employed, is unclean.
		(Source: P.A. 80-1495.) (410 ILCS 650/3) (from Ch. 56 1/2, par. 69)Sec. 3. 
		
		The sidewalls and ceilings of every bakery, confectionery,
creamery, cheese factory, and hotel or restaurant kitchen shall be so
constructed that they can easily be kept clean; and every building, room,
basement or inclosure occupied or used for the preparation, manufacture,
packing, storage, sale or distribution of food shall have an impermeable
floor made of cement or tile laid in cement, brick, wood or other suitable
material which can be flushed and washed clean with water.
		(Source: Laws 1911, p. 528.) (410 ILCS 650/4) (from Ch. 56 1/2, par. 70)Sec. 4. 
		
		All such factories, buildings, and other places containing food,
shall be so provided with proper doors and screens adequate to prevent
contamination of the product from flies.
		(Source: Laws 1911, p. 528.) (410 ILCS 650/5) (from Ch. 56 1/2, par. 71)Sec. 5. 
		
		Every such building, room, basement, inclosure, or premises
occupied, used or maintained for the production, preparation, manufacture,
canning, packing, storage, sale or distribution of such food, shall have
adequate and convenient toilet rooms, lavatory or lavatories. The toilet
rooms shall be separate and apart from the room or rooms where the process
of production, preparation, manufacture, packing, storing, canning, selling
and distributing is conducted. The floors of such toilet rooms shall be of
cement, tile, wood, brick or other non-absorbent material, and shall be
washed and scoured daily. Such toilet or toilets shall be furnished with
separate ventilating flues and pipes discharging into soil pipes or shall
be on the outside of and well removed from the building. Lavatories and
wash rooms shall be adjacent to toilet rooms, or when the toilet is outside
of the building, the wash room shall be near the exit to the toilet and
shall be supplied with soap, running water and towels and shall be
maintained in a sanitary condition.
		(Source: Laws 1911, p. 528.) (410 ILCS 650/6) (from Ch. 56 1/2, par. 72)Sec. 6. 
		
		
		If any such building, room, basement, inclosure or premises occupied,
used or maintained for the purposes aforesaid, or if the floors, sidewalls,
ceilings, furniture, receptacles, implements, appliances or machinery of
any such establishment shall be constructed, kept, maintained, or permitted
to remain in a condition contrary to any of the requirements or provisions
of the preceding 5 Sections of this Act, the same is hereby declared a
nuisance, and any toilet, toilet room, lavatory or wash room as aforesaid,
which shall be constructed, kept, maintained or permitted to remain in a
condition contrary to the requirements or provisions of Section 5 of this
Act, is hereby declared a nuisance; and any car, truck, or vehicle used in
the moving or transportation of any food product as aforesaid, which shall
be kept or permitted to remain in an unclean, unhealthful or insanitary
condition is hereby declared a nuisance. Whoever unlawfully maintains, or
allows or permits to exist a nuisance as herein defined shall be guilty of
a Class A misdemeanor, and, on conviction thereof, shall be punished as
herein provided.
		(Source: P.A. 77-2830.) (410 ILCS 650/7)Sec. 7. Honey.(a) For the purpose of this Section, "honey house" means any stationary or portable building or any room or place within a building that is used for the purpose of extracting, processing, or other handling of honey.(b) Notwithstanding any other provision of this Act, the Department may not regulate honey that is in the comb or that is removed from the comb and in an unadulterated condition; both forms of honey are exempt from the provisions of this Act.(c) If a producer is engaged in the sale of honey that is left in the comb or removed from the comb in an unadulterated condition at a local market and packs or sells less than 500 gallons of honey produced in this State per year, then the Department may not regulate or inspect the producer's honey house.
(Source: P.A. 96-1028, eff. 1-1-11.) (410 ILCS 650/8) (from Ch. 56 1/2, par. 74)Sec. 8. 
		
		No operative, employe, or other persons shall expectorate on the
food or on the utensils or on the floors or sidewalls of any building,
room, basement or cellar where the production, preparation, manufacture,
packing, storing or sale of any such food is conducted. Operatives,
employes, clerks, and all other persons who handle the material from which
such food is prepared or the finished product, before beginning work, or
after visiting toilet or toilets, shall wash their hands thoroughly in
clean water. Whoever fails to observe or violates the provisions of this
Section shall be guilty of a petty offense and fined not more than $25.
		(Source: P.A. 77-2695.) (410 ILCS 650/9) (from Ch. 56 1/2, par. 75)Sec. 9. 
		
		It shall be unlawful for any person to sleep, or to allow or permit
any person to sleep in any work room of a bake shop, kitchen, dining room,
confectionery, creamery, cheese factory, or any place where food is
prepared for sale, served or sold, unless all foods therein handled are at
all times in hermetically sealed packages.
		(Source: Laws 1911, p. 528.) (410 ILCS 650/10) (from Ch. 56 1/2, par. 76)Sec. 10. 
		Communicable or sexually transmitted disease. 
		It shall be
unlawful for any employer to require, allow or permit
any person who is affected with any communicable or
sexually transmitted disease to work,
or for any person so affected to work, in a building, room, basement,
inclosure, premises or vehicle occupied or used for the production,
preparation, manufacture, packing, storage, sale, distribution, or
transportation of food.
		(Source: P.A. 89-187, eff. 7-19-95.) (410 ILCS 650/10.1) (from Ch. 56 1/2, par. 76.1)Sec. 10.1. 
		
		It is unlawful for any restaurant to list a particular food
product for sale on its menu when such product is not actually sold to
consumers, but an imitation or substitute food product is served in its
place.  If such imitation or substitute food product is served, the menu
shall clearly state that the product is imitation or the name of the
substitute product.  For purposes of this Section "menu" means a list of
food products offered for sale at a restaurant.
		(Source: P.A. 86-608.) (410 ILCS 650/11) (from Ch. 56 1/2, par. 77)Sec. 11. 
Except as hereinafter provided and as provided in Sections 3.3, 3.4, and 4 of the Food Handling Regulation Enforcement Act, the Department of Public
Health shall enforce this Act, and for that purpose it may at all times
enter every such building, room, basement, inclosure or premises
occupied or used or suspected of being occupied or used for the
production, preparation or manufacture for sale, or the storage, sale,
distribution or transportation of such food, to inspect the premises and
all utensils, fixtures, furniture and machinery used as aforesaid; and
if upon inspection any such food producing or distribution
establishment, conveyance, or employer, employee, clerk, driver or other
person is found to be violating any of the provisions of this Act, or if
the production, preparation, manufacture, packing, storage, sale,
distribution or transportation of such food is being conducted in a
manner detrimental to the health of the employees and operatives, or to
the character or quality of the food therein being produced,
manufactured, packed, stored, sold, distributed or conveyed, the officer
or inspector making the inspection or examination shall report such
conditions and violations to the Department. The Department of
Agriculture shall have exclusive jurisdiction for the enforcement of
this Act insofar as it relates to establishments defined by Section 2.5
of "The Meat and Poultry Inspection Act", approved July
22, 1959, as heretofore or hereafter amended. The Department of
Agriculture or Department of Public Health, as the case may be, shall
thereupon issue a written order to the person, firm or corporation
responsible for the violation or condition aforesaid to abate such
condition or violation or to make such changes or improvements as may be
necessary to abate them, within such reasonable time as may be required.
Notice of the order may be served by delivering a copy thereof to the
person, firm or corporation, or by sending a copy thereof by registered
mail, and the receipt thereof through the post office shall be prima
facie evidence that notice of the order has been received. Such person,
firm or corporation may appear in person or by attorney before the
Department of Agriculture or the Department of Public Health, as the
case may be, within the time limited in the order, and shall be given an
opportunity to be heard and to show why such order or instructions
should not be obeyed. The hearing shall be under such rules and
regulations as may be prescribed by the Department of Agriculture or the
Department of Public Health, as the case may be. If after such hearing
it appears that this Act has not been violated, the order shall be
rescinded. If it appears that this Act is being violated, and that the
person, firm or corporation notified is responsible therefor, the
previous order shall be confirmed or amended, as the facts shall
warrant, and shall thereupon be final, but such additional time as is
necessary may be granted within which to comply with the final order. If
such person, firm or corporation is not present or represented when such
final order is made, notice thereof shall be given as above provided. On
failure of the party or parties to comply with the first order of the
Department of Agriculture or the Department of Public Health, as the
case may be, within the time prescribed, when no hearing is demanded, or
upon failure to comply with the final order within the time specified,
the Department shall certify the facts to the State's Attorney of the
county in which such violation occurred, and such State's Attorney shall
proceed against the party or parties for the fines and penalties
provided by this Act, and also for the abatement of the nuisance:
Provided, that the proceedings herein prescribed for the abatement of
nuisances as defined in this Act shall not in any manner relieve the
violator from prosecution in the first instance for every such
violation, nor from the penalties for such violation prescribed by
Section 13.
(Source: P.A. 97-393, eff. 1-1-12; 97-394, eff. 8-16-11; 97-813, eff. 7-13-12; 98-660, eff. 6-23-14.) (410 ILCS 650/11.01) (from Ch. 56 1/2, par. 77.01)Sec. 11.01. 
		
		(a) Any county under 1,000,000 inhabitants may, by resolution
of its county board, create the
position of sanitary inspector and may appoint any necessary assistants.
Each sanitary inspector shall be a registered sanitarian under the "Sanitarian
Registration Act".(b) The sanitary inspector shall have the power to enforce and observe
the rules, regulations and orders of the Department of Public Health and
the provisions of this Act.(c) The sanitary inspector appointed pursuant to this Section has jurisdiction
throughout the entire county, except within:(1) Municipalities;(2) Any public health district organized under "An Act to authorize the
organization of public health districts and for the establishment and maintenance
of a health department for the same", filed June 26, 1917, as amended; and(3) Any public health district organized under "An Act in relation to
the establishment and maintenance of county and multiple-county public health
departments", approved July 9, 1943, as amended.
		(Source: P.A. 81-802.) (410 ILCS 650/11.1) (from Ch. 56 1/2, par. 77.1)Sec. 11.1. 
		
		The provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative rules and
procedures of the Department of Public Health under this Act, except that in
case of conflict between the Illinois Administrative Procedure Act and this Act
the provisions of this Act shall control, and except that Section 5-35 of the
Illinois Administrative Procedure Act relating to procedures for rule-making
does not apply to the adoption of any rule required by federal law in
connection with which the Department is precluded by law from exercising any
discretion.
		(Source: P.A. 88-45.) (410 ILCS 650/12) (from Ch. 56 1/2, par. 78)Sec. 12. 
		
		All fines collected under the provisions of this act shall be paid
into the county treasury of the county in which the prosecution is brought,
and it shall be the duty of the State's Attorneys in the respective
counties to prosecute all persons violating or refusing to obey the
provisions of this act.
		(Source: Laws 1911, p. 528.) (410 ILCS 650/13) (from Ch. 56 1/2, par. 79)Sec. 13. 
		
		Whoever violates any of the provisions of this Act, or refuses to
comply with any lawful order or requirement of the Department of
Agriculture or the Department of Public Health, as the case may be, duly
made in writing as provided in Section 11 shall be guilty of a Class B
misdemeanor; and each day after the expiration of the time limit for
abating insanitary conditions and completing improvements to abate such
conditions as ordered by the Department, shall constitute a distinct and
separate offense.
		(Source: P.A. 77-2695.)
(410 ILCS 655/1)Sec. 1. Short title. This Act may be cited as the Safe Bottled Water Act.
		
(Source: P.A. 93-866, eff. 1-1-05.) (410 ILCS 655/5)Sec. 5. Definitions.  In this Act:"Bottled water" means any water that is placed in a
sealed container at a water-bottling plant to be used for drinking,
culinary, or other purposes involving a likelihood of the water being
ingested by humans.  "Bottled water" does not include water packaged
with the approval of the Department for use in a public emergency."Department" means the Department of Public Health."Private water source" means a privately owned source of
water in Illinois, other than a public water system or private water system as defined in the Illinois Groundwater Protection Act, that is used for bottled or
vended water and meets the requirements of an approved source for
bottled water as defined in Section 129.3 of Title 21 of the Code of
Federal Regulations."Retail water facility" means any commercial establishment
where vended water is sold, and placed in customers' containers, or
placed in containers sold or given to customers who come to the
establishment to obtain water."Vended water" means any water that is dispensed by a
water-vending machine or retail water facility, or water from a
private water source, and that is
dispensed by a water-vending machine, retail water facility, water
hauler, or any other person or facility for drinking, culinary, or
other purposes involving a likelihood of the water being ingested by
humans.  "Vended water" does not include water from a public water
system that has not undergone additional treatment.  Water sold
without further treatment is not "vended water"."Water-bottling plant" means any facility in which bottled
water is produced."Water-vending machine" means any self-service device that,
upon insertion of a coin, coins, or token, or upon receipt of payment
by any other means, dispenses a unit volume of water to be used for
drinking, culinary, or other purposes involving a likelihood of the
water being ingested by humans.
		
(Source: P.A. 93-866, eff. 1-1-05.) (410 ILCS 655/10)Sec. 10. Licenses required.(a) No person may operate a water-bottling plant or a
private water source in this
State, except pursuant to a license issued by the Department.  Bottled water must be processed in conformance with 21 CFR Part 129 and must conform to 21 CFR Part 165. If a
person has a valid water-bottling plant license issued by the
Department, additional license fees for a private water source
operator based and operating at the same address
shall not be required.(b) Any bottled water
produced by a private
water source or water-bottling plant that is not licensed in compliance with this Act is
misbranded and may be embargoed.(c) It is unlawful for a water bottler, water distributor, water-vending
machine owner,
retail water facility, or private water source operator to
sell or otherwise distribute water that is unsafe for use or that is
adulterated or
misbranded as provided in the Illinois Food, Drug and Cosmetic Act.(d) The licensing of activities relating to bottled water as
provided in this Section is an exclusive power and function of the State. A
home rule
unit may not license any activities relating to bottled water
that are
licensed under this Section. This subsection is a denial and limitation of home
rule
powers and functions under subsection (h) of Section 6 of Article VII of the
Illinois
Constitution.
		
(Source: P.A. 93-866, eff. 1-1-05.) (410 ILCS 655/15)Sec. 15. Inspections and related activities.(a) In order to carry out the purposes of this Act,
any duly authorized representative of the Department may, at any
reasonable hour of the day, do any of the following:(1) Enter and inspect a licensed facility or any     place where bottled water or vended water records are stored, kept, or maintained.(2) Inspect and copy any records, reports, test     results, or other information required to implement this Act.(3) Obtain samples of the water supply and finished     product.(b) The Department shall inspect every water-bottling plant  and private water
source at least once each year.  The Department
shall
provide an opportunity for a representative of the water-bottling
plant or private water source operator to accompany the Department's representative
during the inspection.(c) Any person who prevents, interferes
with, or attempts to impede in any way any duly authorized
representative of the Department from undertaking any activity
authorized by this Section is guilty of a Class A misdemeanor.
		
(Source: P.A. 93-866, eff. 1-1-05.) (410 ILCS 655/20)Sec. 20. Water intended for bottling; storage, transportation, and processing.(a) Water intended for bottling shall not be stored, transported, processed, or bottled through equipment or lines used for any non-food product.(b) Water intended for bottling shall not be stored, transported, processed, or bottled through equipment or lines used for any non-beverage food, except that filling equipment may be used for non-beverage foods in accordance with the following requirements:(1) When filling equipment designed for cleaning in     place is utilized for non-beverage foods, that equipment must be thoroughly cleaned and sanitized in place in accordance with procedures specified by the manufacturer and in 21 CFR Part 129 prior to being used for bottled water.(2) Fillers not designed for cleaning in place must     be completely disassembled for cleaning and sanitizing prior to being used for bottled water.  (Source: P.A. 93-866, eff. 1-1-05.) (410 ILCS 655/25)Sec. 25. License fee.  The fee for any license issued under this Act is
$150.  The
fee must be paid to the Department before a license may be issued. Licenses issued under this Act shall be issued annually.  Licenses must be renewed annually on or before January 1 of the year for which they are issued.  The Department may impose an additional fee of $50 on a person who submits an application for a license after the deadline.  The Department shall use all fees received under this Act for the purpose of recouping the costs of providing the services required to be provided by the Department under this Act.
		
(Source: P.A. 93-866, eff. 1-1-05.) (410 ILCS 655/30)Sec. 30. Water-bottling plants located outside Illinois.   Every water-bottling plant located outside Illinois that sells or distributes bottled water in Illinois must annually register with the Department.  The fee for registration under this Act is $150.  The Department may impose an additional fee of $50 on an out-of-state water-bottling plant that registers after the deadline set by the Department. 
(Source: P.A. 93-866, eff. 1-1-05.) (410 ILCS 655/35)Sec. 35. Safe Bottled Water Fund. The Safe Bottled Water
Fund is established as a special fund in the State treasury.  All moneys
received
by the Department under this Act shall be deposited into the fund.  Moneys in
the fund
shall be used by the Department,
upon appropriation, for the purpose of administering this Act.
		
(Source: P.A. 93-866, eff. 1-1-05.) (410 ILCS 655/40)Sec. 40. Denial, revocation, or suspension of license.(a) The
Department may deny
any license application or
revoke or suspend any license issued under this Act for cause.  The Department
shall
inform the applicant or license holder of the denial, revocation, or suspension
in
writing, stating with particularity the reasons for the denial,
revocation, or suspension.
The Department shall afford the applicant or license holder an opportunity for
a hearing in accordance with the Illinois Administrative Procedure Act.(b) For purposes of this Section, "cause" means a violation of any
provision of this Act or any regulation adopted pursuant to this
Act.
		
(Source: P.A. 93-866, eff. 1-1-05.) (410 ILCS 655/45)Sec. 45. Potential contamination.(a) Upon a determination by the Department that a
particular water source is subject to potential contamination, the
Department shall notify the appropriate bottler, distributor, or vendor of
bottled water, owner or operator of a water-vending machine,
water hauler, retail water facility operator, or private
water source operator of the specific contaminants or class of
contaminants that pose a potential health risk.(b) Within 7 days after notification by the Department, the
bottler, distributor, or vendor of bottled water, owner or
operator of a water-vending machine, water hauler, retail
water facility operator, or private water source operator must
conduct an analysis of the water source and submit the results of the
analysis to the Department.(c) If evidence of contamination is found, the Department may, by
order, require the bottler of bottled water,
owner or operator of a water-vending machine, or private water
source operator to conduct an analysis of the  finished water product for
the contaminants of concern in accordance with conditions specified
by the Department.  The water analysis must be conducted and
reported on an annual basis, unless the Department finds that
reasonable action requires either more frequent or less frequent
analysis.
		
(Source: P.A. 93-866, eff. 1-1-05.) (410 ILCS 655/50)Sec. 50. Testing laboratories.  All testing of bottled water, bottled
water sources,
water distributed by water haulers, water from retail water facilities,
and water from vending machines must be done by competent laboratories
approved by the Department or another state's regulatory agency.
		
(Source: P.A. 93-866, eff. 1-1-05.) (410 ILCS 655/55)Sec. 55. Water packaged for use in public emergencies.(a) The Department, by its written permission, may allow a
person to package water for use in public emergencies without
obtaining a water bottling license if the emergency has resulted
in the interruption of, or has compromised the quality of, the public
drinking water supply.  The Department's permission may authorize the
suspension
of any provision of this Act and related regulations.(b) The Department may at any time change or impose on the
permittee any requirements, such as requirements concerning testing, equipment,
and
documentation, that the Department deems necessary to protect public
health, but in doing so, the Department must consider the effect of those
requirements in light of the urgency of the situation.  The
Department may grant or withdraw this permission at any time.(c) Packing, distribution, and use of water under a permit
shall be allowed only during the emergency period and shall end upon
the restoration of adequate public drinking supplies as determined by
the Department. Distribution of the packaged water shall be limited to the area
affected.
Water so packaged shall be prominently labeled "drinking water",
"for emergency use only", and "not for sale", or similar wording
approved by the Department.(d) This Section shall not be construed to restrict licensed
water-bottling plants from providing water processed in accordance
with this Act in emergency situations.
		
(Source: P.A. 93-866, eff. 1-1-05.) (410 ILCS 655/60)Sec. 60. Violation; penalty.  A person who commits a violation of this Act other than a violation of subsection (c) of Section 15 is guilty of a petty offense and subject to a fine of not more than $1,000.
(Source: P.A. 93-866, eff. 1-1-05.) (410 ILCS 655/90)Sec. 90. 
	(Amendatory provisions; text omitted).
	

(Source: P.A. 93-866, eff. 1-1-05; text omitted.) (410 ILCS 655/99)Sec. 99. Effective date. This Act takes effect January 1, 2005.
		
(Source: P.A. 93-866, eff. 1-1-05.)
(410 ILCS 66/1)Sec. 1. 
		Short title. 
		This Act may be cited as the Community Health Center Expansion Act.
		(Source: P.A. 92-88, eff. 7-18-01.) (410 ILCS 66/5)Sec. 5. Definitions. In this Act:"Community health center site" means a new physical site where a community
health center will provide primary health care services either to a medically
underserved population or area or to the uninsured population of this State."Community provider" means a Federally Qualified Health Center (FQHC) or
FQHC Look-Alike (Community Health Center or health center), designated as such
by the Secretary of the United States Department of Health and Human Services,
that operates at least one federally designated primary health care delivery
site in the State of Illinois."Department" means the Illinois Department of Public Health."Medically underserved area" means an urban or rural area designated by the
Secretary of the United States Department of Health and Human Services as an
area with a shortage of personal health services."Medically underserved population" means (i) the population of an urban or
rural area designated by the Secretary of the United States Department of
Health and Human Services as
an area with a shortage of personal health services or (ii) a population group
designated by the Secretary as having a shortage of those services."Primary health care services" means the following:(1) Basic health services consisting of the following:(A) Health services related to family medicine,         internal medicine, pediatrics, obstetrics, or gynecology that are furnished by physicians and, if appropriate, physician assistants, nurse practitioners, and nurse midwives.(B) Diagnostic laboratory and radiologic services.(C) Preventive health services, including the         following:(i) Prenatal and perinatal services.(ii) Screenings for breast, ovarian, and             cervical cancer.(iii) Well-child services.(iv) Immunizations against             vaccine-preventable diseases.(v) Screenings for elevated blood lead             levels, communicable diseases, and cholesterol.(vi) Pediatric eye, ear, and dental             screenings to determine the need for vision and hearing correction and dental care.(vii) Voluntary family planning services.(viii) Preventive dental services.(D) Emergency medical services.(E) Pharmaceutical services as appropriate for         particular health centers.(2) Referrals to providers of medical services and     other health-related services (including substance abuse and mental health services).(3) Patient case management services (including     counseling, referral, and follow-up services) and other services designed to assist health center patients in establishing eligibility for and gaining access to federal, State, and local programs that provide or financially support the provision of medical, social, educational, or other related services.(4) Services that enable individuals to use the     services of the health center (including outreach and transportation services and, if a substantial number of the individuals in the population are of limited English-speaking ability, the services of appropriate personnel fluent in the language spoken by a predominant number of those individuals).(5) Education of patients and the general population     served by the health center regarding the availability and proper use of health services.(6) Additional health services consisting of services     that are appropriate to meet the health needs of the population served by the health center involved and that may include the following:(A) Environmental health services, including the         following:(i) Detection and alleviation of unhealthful             conditions associated with water supply.(ii) Sewage treatment.(iii) Solid waste disposal.(iv) Detection and alleviation of rodent and             parasite infestation.(v) Field sanitation.(vi) Housing.(vii) Other environmental factors related to             health.(B) Special occupation-related health services         for migratory and seasonal agricultural workers, including the following:(i) Screening for and control of infectious             diseases, including parasitic diseases.(ii) Injury prevention programs, which may             include prevention of exposure to unsafe levels of agricultural chemicals, including pesticides."Uninsured population" means persons who do not own private health care
insurance, are not part of a group insurance plan, and are not eligible for any
State or federal government-sponsored health care program.
					(Source: P.A. 95-96, eff. 1-1-08.) (410 ILCS 66/10)Sec. 10. 
		Grants.(a) The Department shall establish a community health center expansion grant
program and may make grants to eligible community providers subject to
appropriations for that purpose.  The grants shall be for the purpose of (i)
establishing new community health center sites to provide primary health care
services to medically underserved
populations or areas as defined in Section 5 or (ii) providing primary health
care services to the uninsured
population of Illinois.(b) Grants under this Section shall be for periods of 3 years.
The Department may make new grants whenever the
total amount appropriated for grants is sufficient to fund both the new grants
and the grants already in effect.(c) A recipient of a grant to establish a new community health
center site must add each such site to the recipient's established service
area for the purpose of extending federal FQHC or FQHC Look-Alike status to the
new site in accordance with federal regulations.
The grant recipient must complete this process by the end of the
second year of the grant.
		(Source: P.A. 92-88, eff. 7-18-01.) (410 ILCS 66/10.5)Sec. 10.5. Sustainability funding.  Sustaining funds shall be available to
grantees
under Section 10 that have met the initial proposed project objectives and can
demonstrate continued financial need. These funds shall be provided by the
Department
for a 3-year period, subject to appropriation. Funds granted each year under
this Section
shall be in an amount up to 50% of a grantee's third-year-grant funding under subsection
(b) of
Section 10. The Department shall adopt rules and criteria to allow grantees to
apply for
continued sustainability funding under this Section.
					
				
(Source: P.A. 93-700, eff. 7-9-04.) (410 ILCS 66/15)Sec. 15. 
		Eligibility for grant. 
		To be eligible for a grant under this Act,
a recipient must be a community provider as defined in Section 5 of this Act.
		(Source: P.A. 92-88, eff. 7-18-01.) (410 ILCS 66/20)Sec. 20. 
		Use of grant moneys. 
		A recipient of a grant under this Act may
use the grant moneys to do any one or more of the following:(1) Purchase equipment.(2) Acquire a new physical location for the purpose     of delivering primary health care services.(3) Hire and train staff.(4) Develop new practice networks.(5) Purchase services or products that will     facilitate the provision of health care services at a new community health center site.		(Source: P.A. 92-88, eff. 7-18-01.) (410 ILCS 66/25)Sec. 25. 
		Reporting. 
		Within 60 days after the first and second years of a
grant
under this Act, the grant recipient must submit a progress report to the
Department.  The Department may assist each
grant
recipient in meeting
the goals and objectives stated in the original grant proposal submitted by the
recipient, that grant moneys are being used for appropriate
purposes, and that residents of the community are being served by the new
community health center sites established with grant moneys.
		(Source: P.A. 92-88, eff. 7-18-01.) (410 ILCS 66/30)Sec. 30. 
		Rules; public comment.(a) The Department shall adopt rules and regulations it deems necessary
for
the efficient administration of this Act.(b) The rules shall provide for a 30-day general public comment period.
Notification of a 30-day general public comment period shall be given to the
community into which a grant applicant proposes to expand by publication in at
least one newspaper of general circulation in that community. At the conclusion
of the 30-day comment period, the Department shall no longer accept written
comments.  The Department shall review written comments, submitted within the
comment period, before awarding a grant.(c) The Department shall consider the contents of written comments only as
part of the overall grant review process.
		(Source: P.A. 92-88, eff. 7-18-01.) (410 ILCS 66/99)Sec. 99. 
		Effective date. 
		This Act takes effect upon becoming law.
		(Source: P.A. 92-88, eff. 7-18-01.)
(410 ILCS 68/1)Sec. 1. 
		Short title. 
		This Act may be cited as the Safe and Hygienic Bed Act.
		(Source: P.A. 91-164, eff. 7-16-99.) (410 ILCS 68/5)Sec. 5. 
		Definitions. 
		As used in this Act:"Attorney General" means the Attorney General of the State of Illinois."Bedding" means any mattress, box spring, foundation, or studio couch made in
whole or part from new or secondhand fabric, filling material, or other
textile product or material and which can be used for sleeping or reclining
purposes."Consumer" means a person who purchases or otherwise acquires bedding for
sleeping or reclining purposes in that person's home or business such as a
medical facility
or lodging establishment, and does not include wholesalers, retailers, or other
persons
who acquire bedding for purposes of resale or other distribution."Department" means the Illinois Department of Public Health."Manufacturer" means a person who makes any article of bedding in whole or
in part using new or secondhand fabric, filling material, or other textile
product or material."New material" means any fabric, filling material, other textile product or
material, or article
of bedding that has not been previously used for any purpose, and includes
by-products of any textile or manufacturing process that are free from dirt,
insects, and other contamination."Person" means an individual, sole proprietorship, partnership, limited
liability company, corporation, joint venture, association, trust, and any
other entity, and the officers, employees, and agents of any of them."Renovator", "Rebuilder", and "Repairer" mean a person who repairs, makes
over, recovers, restores, sanitizes, germicidally treats, cleans, or renews
bedding."Sanitizer" means any person who sanitizes or germicidally treats or cleans
(but does not otherwise alter) any fabric, filling material, other textile
product or material, or
article of bedding for use in manufacturing or renovating bedding."Secondhand material" means any fabric, filling material, other textile
product or material, or
article of bedding that has been previously used for any purpose or that is
derived
from post-consumer or industrial waste, and that may be used in place of or in
addition to new
material in manufacturing or renovating bedding.
		(Source: P.A. 91-164, eff. 7-16-99.) (410 ILCS 68/10)Sec. 10. 
		Label required. 
		All bedding which is manufactured, renovated, sanitized, sold, or distributed
within the State
must bear a clear and conspicuous label that states whether the
bedding is made from all new materials or is made in whole or in part from
secondhand material.  The label
shall conform to standards issued by the Department in administrative rules and
shall not
be altered or removed except by the consumer.
		(Source: P.A. 91-164, eff. 7-16-99.) (410 ILCS 68/15)Sec. 15. 
		Registration required. 
		All manufacturers, renovators,
rebuilders,
repairers, and sanitizers whose work products may be sold to retailers,
wholesalers, or
consumers within the State of Illinois shall register with the Department on or
before
January 1 of each year and shall pay a registration fee established by
administrative rule.
		(Source: P.A. 91-164, eff. 7-16-99.) (410 ILCS 68/20)Sec. 20. 
		Use of secondhand material. 
		Every manufacturer,
renovator, rebuilder, repairer, or sanitizer of used bedding shall
remove the outer fabric, the inner foam, the pad, any other fabric, and any
other textile product,
material, or component and shall inspect each such item for soiling, malodor,
and pest
infestation
prior to the sale or distribution of
the article.
If any material or component of used bedding appears to be soiled, malodorous,
or infested, that material or component cannot be reused, sold, or distributed
for use in any bedding product.
		(Source: P.A. 91-164, eff. 7-16-99.) (410 ILCS 68/25)Sec. 25. 
		Use of new material. 
		Every manufacturer, renovator, rebuilder,
repairer, and sanitizer shall inspect all new material for soiling, malodor,
and pest
infestation prior to use, sale, or distribution of the article.  If any new
material appears to
be soiled, malodorous, or infested, that material cannot be used, sold, or
distributed for
use in any bedding product.
		(Source: P.A. 91-164, eff. 7-16-99.) (410 ILCS 68/30)Sec. 30. 
		Rules. 
		The Department shall promulgate administrative rules
necessary to implement, interpret, and make specific the provisions of this
Act, including
but not limited to rules concerning labels, registration, sanitation, and fees.
 Rules
concerning labels
may incorporate by reference uniform standards, norms, or testing procedures
that are
issued, promulgated, or accepted by recognized government, public, or industry
organizations.  Fees established by rule shall be in amounts reasonable and
necessary to
defray the costs to the Department of administering this Act.
		(Source: P.A. 91-164, eff. 7-16-99.) (410 ILCS 68/35)Sec. 35. 
		Violation. 
		Any person who violates any provision of this Act or
the
rules promulgated under this Act shall be guilty of a business offense
punishable by a fine
of $10,000 and shall be guilty of committing an unlawful act or practice
pursuant to Section 2 of the Consumer Fraud
and
Deceptive Business Practices Act.  Each day of violation of this Act or rules
promulgated
under this Act shall constitute a separate offense.
		(Source: P.A. 91-164, eff. 7-16-99.) (410 ILCS 68/40)Sec. 40. 
		Nuisance; injunction. 
		Violation of Section 20 or Section 25 of
this
Act is declared a public nuisance inimical to the public health and welfare.
The Attorney
General or the State's Attorney of the county in which the violation occurs
may, in
addition to other remedies provided in this Act, bring action for injunction to
restrain the
violation.
		(Source: P.A. 91-164, eff. 7-16-99.) (410 ILCS 68/45)Sec. 45. 
		Severability. 
		If any provision of this Act or the application
of this
Act to any person or circumstance is held invalid, the invalidity shall not
affect the other
provisions or applications of the Act which can be given effect without the
invalid
provision or application, and to this end the provisions of this Act are
severable.
		(Source: P.A. 91-164, eff. 7-16-99.) (410 ILCS 68/905)Sec. 905. 
		(Amendatory provisions; text omitted). 
		(Source: P.A. 91-164, eff. 7-16-99; text omitted.) (410 ILCS 68/999)Sec. 999. 
		Effective date. 
		This Act takes effect upon becoming law.
		(Source: P.A. 91-164, eff. 7-16-99.)
(410 ILCS 70/1) (from Ch. 111 1/2, par. 87-1)Sec. 1. 
		Short Title. 
		This Act shall be known and may be cited as the
"Sexual Assault Survivors Emergency Treatment Act".
		(Source: P.A. 85-577.) (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)(Text of Section from P.A. 102-1097)Sec. 1a. Definitions.(a) In this Act:"Advanced practice registered nurse" has the meaning provided in Section 50-10 of the Nurse Practice Act."Ambulance provider" means an individual or entity that owns and operates a business or service using ambulances or emergency medical services vehicles to transport emergency patients."Approved pediatric health care facility" means a health care facility, other than a hospital, with a sexual assault treatment plan approved by the Department to provide medical forensic services to pediatric sexual assault survivors who present with a complaint of sexual assault within a minimum of the last 7 days or who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the last 7 days."Areawide sexual assault treatment plan" means a plan, developed by hospitals or by hospitals and approved pediatric health care facilities in a community or area to be served, which provides for medical forensic services to sexual assault survivors that shall be made available by each of the participating hospitals and approved pediatric health care facilities."Board-certified child abuse pediatrician" means a physician certified by the American Board of Pediatrics in child abuse pediatrics."Board-eligible child abuse pediatrician" means a physician who has completed the requirements set forth by the American Board of Pediatrics to take the examination for certification in child abuse pediatrics."Department" means the Department of Public Health."Emergency contraception" means medication as approved by the federal Food and Drug Administration (FDA) that can significantly reduce the risk of pregnancy if taken within 72 hours after sexual assault."Follow-up healthcare" means healthcare services related to a sexual assault, including laboratory services and pharmacy services, rendered within 180 days of the initial visit for medical forensic services."Health care professional" means a physician, a physician assistant, a sexual assault forensic examiner, an advanced practice registered nurse, a registered professional nurse, a licensed practical nurse, or a sexual assault nurse examiner."Hospital" means a hospital licensed under the Hospital Licensing Act or operated under the University of Illinois Hospital Act, any outpatient center included in the hospital's sexual assault treatment plan where hospital employees provide medical forensic services, and an out-of-state hospital that  has consented to the jurisdiction of the Department under Section 2.06."Illinois State Police Sexual Assault Evidence Collection Kit" means a prepackaged set of materials and forms to be used for the collection of evidence relating to sexual assault. The standardized evidence collection kit for the State of Illinois shall be the Illinois State Police Sexual Assault Evidence Collection Kit."Law enforcement agency having jurisdiction" means the law enforcement agency in the jurisdiction where an alleged sexual assault or sexual abuse occurred."Licensed practical nurse" has the meaning provided in Section 50-10 of the Nurse Practice Act."Medical forensic services" means health care delivered to patients within or under the care and supervision of personnel working in a designated emergency department of a hospital or an approved pediatric health care facility. "Medical forensic services" includes, but is not limited to, taking a medical history, performing photo documentation, performing a physical and anogenital examination, assessing the patient for evidence collection, collecting evidence in accordance with a statewide sexual assault evidence collection program administered by the Illinois State Police using the Illinois State Police Sexual Assault Evidence Collection Kit, if appropriate, assessing the patient for drug-facilitated or alcohol-facilitated sexual assault, providing an evaluation of and care for sexually transmitted infection and human immunodeficiency virus (HIV), pregnancy risk evaluation and care, and discharge and follow-up healthcare planning."Pediatric health care facility" means a clinic or physician's office that provides medical services to pediatric patients."Pediatric sexual assault survivor" means a person under the age of 13 who presents for medical forensic services in relation to injuries or trauma resulting from a sexual assault."Photo documentation" means digital photographs or colposcope videos stored and backed up securely in the original file format."Physician" means a person licensed to practice medicine in all its branches."Physician assistant" has the meaning provided in Section 4 of the Physician Assistant Practice Act of 1987."Prepubescent sexual assault survivor" means a female who is under the age of 18 years and has not had a first menstrual cycle or a male who is under the age of 18 years and has not started to develop secondary sex characteristics who presents for medical forensic services in relation to injuries or trauma resulting from a sexual assault."Qualified medical provider" means a board-certified child abuse pediatrician, board-eligible child abuse pediatrician, a sexual assault forensic examiner, or a sexual assault nurse examiner who has access to photo documentation tools, and who participates in peer review."Registered Professional Nurse" has the meaning provided in Section 50-10 of the Nurse Practice Act."Sexual assault" means:(1) an act of sexual conduct; as used in this     paragraph, "sexual conduct" has the meaning provided under Section 11-0.1 of the Criminal Code of 2012; or(2) any act of sexual penetration; as used in this     paragraph, "sexual penetration" has the meaning provided under Section 11-0.1 of the Criminal Code of 2012 and includes, without limitation, acts prohibited under Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012."Sexual assault forensic examiner" means a physician or physician assistant who has completed training that meets or is substantially similar to the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses."Sexual assault nurse examiner" means an advanced practice registered nurse or registered professional nurse who has completed a sexual assault nurse examiner training program that meets the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses."Sexual assault services voucher" means a document generated by a hospital or approved pediatric health care facility at the time the sexual assault survivor receives outpatient medical forensic services that may be used to seek payment for any ambulance services, medical forensic services, laboratory services, pharmacy services, and follow-up healthcare provided as a result of the sexual assault."Sexual assault survivor" means a person who presents for medical forensic services in relation to injuries or trauma resulting from a sexual assault."Sexual assault transfer plan" means a written plan developed by a hospital and approved by the Department, which describes the hospital's procedures for transferring sexual assault survivors to another hospital, and an approved pediatric health care facility, if applicable, in order to receive medical forensic services."Sexual assault treatment plan" means a written plan that describes the procedures and protocols for providing medical forensic services to sexual assault survivors who present themselves for such services, either directly or through transfer from a hospital or an approved pediatric health care facility."Transfer hospital" means a hospital with a sexual assault transfer plan approved by the Department."Transfer services" means the appropriate medical screening examination and necessary stabilizing treatment prior to the transfer of a sexual assault survivor to a hospital or an approved pediatric health care facility that provides medical forensic services to sexual assault survivors pursuant to a sexual assault treatment plan or areawide sexual assault treatment plan."Treatment hospital" means a hospital with a sexual assault treatment plan approved by the Department to provide medical forensic services to all sexual assault survivors who present with a complaint of sexual assault within a minimum of the last 7 days or who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the last 7 days."Treatment hospital with approved pediatric transfer" means a hospital with a treatment plan approved by the Department to provide medical forensic services to sexual assault survivors 13 years old or older who present with a complaint of sexual assault within a minimum of the last 7 days or who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the last 7 days.(b) This Section is effective on and after January 1, 2024. (Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-538, eff. 8-20-21; 102-674, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1097, eff. 1-1-23.)(Text of Section from P.A. 102-1106)Sec. 1a. Definitions.(a) In this Act:"Advanced practice registered nurse" has the meaning provided in Section 50-10 of the Nurse Practice Act."Ambulance provider" means an individual or entity that owns and operates a business or service using ambulances or emergency medical services vehicles to transport emergency patients."Approved pediatric health care facility" means a health care facility, other than a hospital, with a sexual assault treatment plan approved by the Department to provide medical forensic services to sexual assault survivors under the age of 18 who present with a complaint of sexual assault within a minimum of the last 7 days or who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the last 7 days."Areawide sexual assault treatment plan" means a plan, developed by hospitals or by hospitals and approved pediatric health care facilities in a community or area to be served, which provides for medical forensic services to sexual assault survivors that shall be made available by each of the participating hospitals and approved pediatric health care facilities."Board-certified child abuse pediatrician" means a physician certified by the American Board of Pediatrics in child abuse pediatrics."Board-eligible child abuse pediatrician" means a physician who has completed the requirements set forth by the American Board of Pediatrics to take the examination for certification in child abuse pediatrics."Department" means the Department of Public Health."Emergency contraception" means medication as approved by the federal Food and Drug Administration (FDA) that can significantly reduce the risk of pregnancy if taken within 72 hours after sexual assault."Follow-up healthcare" means healthcare services related to a sexual assault, including laboratory services and pharmacy services, rendered within 90 days of the initial visit for medical forensic services."Health care professional" means a physician, a physician assistant, a sexual assault forensic examiner, an advanced practice registered nurse, a registered professional nurse, a licensed practical nurse, or a sexual assault nurse examiner."Hospital" means a hospital licensed under the Hospital Licensing Act or operated under the University of Illinois Hospital Act, any outpatient center included in the hospital's sexual assault treatment plan where hospital employees provide medical forensic services, and an out-of-state hospital that  has consented to the jurisdiction of the Department under Section 2.06."Illinois State Police Sexual Assault Evidence Collection Kit" means a prepackaged set of materials and forms to be used for the collection of evidence relating to sexual assault. The standardized evidence collection kit for the State of Illinois shall be the Illinois State Police Sexual Assault Evidence Collection Kit."Law enforcement agency having jurisdiction" means the law enforcement agency in the jurisdiction where an alleged sexual assault or sexual abuse occurred."Licensed practical nurse" has the meaning provided in Section 50-10 of the Nurse Practice Act."Medical forensic services" means health care delivered to patients within or under the care and supervision of personnel working in a designated emergency department of a hospital or an approved pediatric health care facility. "Medical forensic services" includes, but is not limited to, taking a medical history, performing photo documentation, performing a physical and anogenital examination, assessing the patient for evidence collection, collecting evidence in accordance with a statewide sexual assault evidence collection program administered by the Illinois State Police using the Illinois State Police Sexual Assault Evidence Collection Kit, if appropriate, assessing the patient for drug-facilitated or alcohol-facilitated sexual assault, providing an evaluation of and care for sexually transmitted infection and human immunodeficiency virus (HIV), pregnancy risk evaluation and care, and discharge and follow-up healthcare planning."Pediatric health care facility" means a clinic or physician's office that provides medical services to patients under the age of 18."Pediatric sexual assault survivor" means a person under the age of 13 who presents for medical forensic services in relation to injuries or trauma resulting from a sexual assault."Photo documentation" means digital photographs or colposcope videos stored and backed up securely in the original file format."Physician" means a person licensed to practice medicine in all its branches."Physician assistant" has the meaning provided in Section 4 of the Physician Assistant Practice Act of 1987."Prepubescent sexual assault survivor" means a female who is under the age of 18 years and has not had a first menstrual cycle or a male who is under the age of 18 years and has not started to develop secondary sex characteristics who presents for medical forensic services in relation to injuries or trauma resulting from a sexual assault."Qualified medical provider" means a board-certified child abuse pediatrician, board-eligible child abuse pediatrician, a sexual assault forensic examiner, or a sexual assault nurse examiner who has access to photo documentation tools, and who participates in peer review."Registered Professional Nurse" has the meaning provided in Section 50-10 of the Nurse Practice Act."Sexual assault" means:(1) an act of sexual conduct; as used in this     paragraph, "sexual conduct" has the meaning provided under Section 11-0.1 of the Criminal Code of 2012; or(2) any act of sexual penetration; as used in this     paragraph, "sexual penetration" has the meaning provided under Section 11-0.1 of the Criminal Code of 2012 and includes, without limitation, acts prohibited under Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012."Sexual assault forensic examiner" means a physician or physician assistant who has completed training that meets or is substantially similar to the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses."Sexual assault nurse examiner" means an advanced practice registered nurse or registered professional nurse who has completed a sexual assault nurse examiner training program that meets the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses."Sexual assault services voucher" means a document generated by a hospital or approved pediatric health care facility at the time the sexual assault survivor receives outpatient medical forensic services that may be used to seek payment for any ambulance services, medical forensic services, laboratory services, pharmacy services, and follow-up healthcare provided as a result of the sexual assault."Sexual assault survivor" means a person who presents for medical forensic services in relation to injuries or trauma resulting from a sexual assault."Sexual assault transfer plan" means a written plan developed by a hospital and approved by the Department, which describes the hospital's procedures for transferring sexual assault survivors to another hospital, and an approved pediatric health care facility, if applicable, in order to receive medical forensic services."Sexual assault treatment plan" means a written plan that describes the procedures and protocols for providing medical forensic services to sexual assault survivors who present themselves for such services, either directly or through transfer from a hospital or an approved pediatric health care facility."Transfer hospital" means a hospital with a sexual assault transfer plan approved by the Department."Transfer services" means the appropriate medical screening examination and necessary stabilizing treatment prior to the transfer of a sexual assault survivor to a hospital or an approved pediatric health care facility that provides medical forensic services to sexual assault survivors pursuant to a sexual assault treatment plan or areawide sexual assault treatment plan."Treatment hospital" means a hospital with a sexual assault treatment plan approved by the Department to provide medical forensic services to all sexual assault survivors who present with a complaint of sexual assault within a minimum of the last 7 days or who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the last 7 days."Treatment hospital with approved pediatric transfer" means a hospital with a treatment plan approved by the Department to provide medical forensic services to sexual assault survivors 13 years old or older who present with a complaint of sexual assault within a minimum of the last 7 days or who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the last 7 days.(b) This Section is effective on and after January 1, 2024. (Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-538, eff. 8-20-21; 102-674, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1106, eff. 1-1-23.) (410 ILCS 70/1a-1)(Text of Section from P.A. 102-1097)(Section scheduled to be repealed on December 31, 2023)Sec. 1a-1. Definitions.(a) In this Act:"Advanced practice registered nurse" has the meaning provided in Section 50-10 of the Nurse Practice Act."Ambulance provider" means an individual or entity that owns and operates a business or service using ambulances or emergency medical services vehicles to transport emergency patients."Approved pediatric health care facility" means a health care facility, other than a hospital, with a sexual assault treatment plan approved by the Department to provide medical forensic services to pediatric sexual assault survivors who present with a complaint of sexual assault within a minimum of the last 7 days or who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the last 7 days."Approved federally qualified health center" means a facility as defined in Section 1905(l)(2)(B) of the federal Social Security Act with a sexual assault treatment plan approved by the Department to provide medical forensic services to sexual assault survivors 13 years old or older who present with a complaint of sexual assault within a minimum of the last 7 days or who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the last 7 days."Areawide sexual assault treatment plan" means a plan, developed by hospitals or by hospitals, approved pediatric health care facilities, and approved federally qualified health centers in a community or area to be served, which provides for medical forensic services to sexual assault survivors that shall be made available by each of the participating hospitals and approved pediatric health care facilities."Board-certified child abuse pediatrician" means a physician certified by the American Board of Pediatrics in child abuse pediatrics."Board-eligible child abuse pediatrician" means a physician who has completed the requirements set forth by the American Board of Pediatrics to take the examination for certification in child abuse pediatrics."Department" means the Department of Public Health."Emergency contraception" means medication as approved by the federal Food and Drug Administration (FDA) that can significantly reduce the risk of pregnancy if taken within 72 hours after sexual assault."Federally qualified health center" means a facility as defined in Section 1905(l)(2)(B) of the federal Social Security Act that provides primary care or sexual health services."Follow-up healthcare" means healthcare services related to a sexual assault, including laboratory services and pharmacy services, rendered within 180 days of the initial visit for medical forensic services."Health care professional" means a physician, a physician assistant, a sexual assault forensic examiner, an advanced practice registered nurse, a registered professional nurse, a licensed practical nurse, or a sexual assault nurse examiner."Hospital" means a hospital licensed under the Hospital Licensing Act or operated under the University of Illinois Hospital Act, any outpatient center included in the hospital's sexual assault treatment plan where hospital employees provide medical forensic services, and an out-of-state hospital that  has consented to the jurisdiction of the Department under Section 2.06-1."Illinois State Police Sexual Assault Evidence Collection Kit" means a prepackaged set of materials and forms to be used for the collection of evidence relating to sexual assault. The standardized evidence collection kit for the State of Illinois shall be the Illinois State Police Sexual Assault Evidence Collection Kit."Law enforcement agency having jurisdiction" means the law enforcement agency in the jurisdiction where an alleged sexual assault or sexual abuse occurred."Licensed practical nurse" has the meaning provided in Section 50-10 of the Nurse Practice Act."Medical forensic services" means health care delivered to patients within or under the care and supervision of personnel working in a designated emergency department of a hospital, approved pediatric health care facility, or an approved federally qualified health centers."Medical forensic services" includes, but is not limited to, taking a medical history, performing photo documentation, performing a physical and anogenital examination, assessing the patient for evidence collection, collecting evidence in accordance with a statewide sexual assault evidence collection program administered by the Department of State Police using the Illinois State Police Sexual Assault Evidence Collection Kit, if appropriate, assessing the patient for drug-facilitated or alcohol-facilitated sexual assault, providing an evaluation of and care for sexually transmitted infection and human immunodeficiency virus (HIV), pregnancy risk evaluation and care, and discharge and follow-up healthcare planning."Pediatric health care facility" means a clinic or physician's office that provides medical services to pediatric patients."Pediatric sexual assault survivor" means a person under the age of 13 who presents for medical forensic services in relation to injuries or trauma resulting from a sexual assault."Photo documentation" means digital photographs or colposcope videos stored and backed up securely in the original file format."Physician" means a person licensed to practice medicine in all its branches."Physician assistant" has the meaning provided in Section 4 of the Physician Assistant Practice Act of 1987."Prepubescent sexual assault survivor" means a female who is under the age of 18 years and has not had a first menstrual cycle or a male who is under the age of 18 years and has not started to develop secondary sex characteristics who presents for medical forensic services in relation to injuries or trauma resulting from a sexual assault."Qualified medical provider" means a board-certified child abuse pediatrician, board-eligible child abuse pediatrician, a sexual assault forensic examiner, or a sexual assault nurse examiner who has access to photo documentation tools, and who participates in peer review."Registered Professional Nurse" has the meaning provided in Section 50-10 of the Nurse Practice Act."Sexual assault" means:(1) an act of sexual conduct; as used in this     paragraph, "sexual conduct" has the meaning provided under Section 11-0.1 of the Criminal Code of 2012; or(2) any act of sexual penetration; as used in this     paragraph, "sexual penetration" has the meaning provided under Section 11-0.1 of the Criminal Code of 2012 and includes, without limitation, acts prohibited under Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012."Sexual assault forensic examiner" means a physician or physician assistant who has completed training that meets or is substantially similar to the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses."Sexual assault nurse examiner" means an advanced practice registered nurse or registered professional nurse who has completed a sexual assault nurse examiner training program that meets the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses."Sexual assault services voucher" means a document generated by a hospital or approved pediatric health care facility at the time the sexual assault survivor receives outpatient medical forensic services that may be used to seek payment for any ambulance services, medical forensic services, laboratory services, pharmacy services, and follow-up healthcare provided as a result of the sexual assault."Sexual assault survivor" means a person who presents for medical forensic services in relation to injuries or trauma resulting from a sexual assault."Sexual assault transfer plan" means a written plan developed by a hospital and approved by the Department, which describes the hospital's procedures for transferring sexual assault survivors to another hospital, and an approved pediatric health care facility, if applicable, in order to receive medical forensic services."Sexual assault treatment plan" means a written plan that describes the procedures and protocols for providing medical forensic services to sexual assault survivors who present themselves for such services, either directly or through transfer from a hospital or an approved pediatric health care facility."Transfer hospital" means a hospital with a sexual assault transfer plan approved by the Department."Transfer services" means the appropriate medical screening examination and necessary stabilizing treatment prior to the transfer of a sexual assault survivor to a hospital or an approved pediatric health care facility that provides medical forensic services to sexual assault survivors pursuant to a sexual assault treatment plan or areawide sexual assault treatment plan."Treatment hospital" means a hospital with a sexual assault treatment plan approved by the Department to provide medical forensic services to all sexual assault survivors who present with a complaint of sexual assault within a minimum of the last 7 days or who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the last 7 days."Treatment hospital with approved pediatric transfer" means a hospital with a treatment plan approved by the Department to provide medical forensic services to sexual assault survivors 13 years old or older who present with a complaint of sexual assault within a minimum of the last 7 days or who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the last 7 days.(b) This Section is repealed on December 31, 2023. 
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1097, eff. 1-1-23.)(Text of Section from P.A. 102-1106)(Section scheduled to be repealed on December 31, 2023)Sec. 1a-1. Definitions.(a) In this Act:"Advanced practice registered nurse" has the meaning provided in Section 50-10 of the Nurse Practice Act."Ambulance provider" means an individual or entity that owns and operates a business or service using ambulances or emergency medical services vehicles to transport emergency patients."Approved pediatric health care facility" means a health care facility, other than a hospital, with a sexual assault treatment plan approved by the Department to provide medical forensic services to sexual assault survivors under the age of 18 who present with a complaint of sexual assault within a minimum of the last 7 days or who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the last 7 days."Approved federally qualified health center" means a facility as defined in Section 1905(l)(2)(B) of the federal Social Security Act with a sexual assault treatment plan approved by the Department to provide medical forensic services to sexual assault survivors 13 years old or older who present with a complaint of sexual assault within a minimum of the last 7 days or who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the last 7 days."Areawide sexual assault treatment plan" means a plan, developed by hospitals or by hospitals, approved pediatric health care facilities, and approved federally qualified health centers in a community or area to be served, which provides for medical forensic services to sexual assault survivors that shall be made available by each of the participating hospitals and approved pediatric health care facilities."Board-certified child abuse pediatrician" means a physician certified by the American Board of Pediatrics in child abuse pediatrics."Board-eligible child abuse pediatrician" means a physician who has completed the requirements set forth by the American Board of Pediatrics to take the examination for certification in child abuse pediatrics."Department" means the Department of Public Health."Emergency contraception" means medication as approved by the federal Food and Drug Administration (FDA) that can significantly reduce the risk of pregnancy if taken within 72 hours after sexual assault."Federally qualified health center" means a facility as defined in Section 1905(l)(2)(B) of the federal Social Security Act that provides primary care or sexual health services."Follow-up healthcare" means healthcare services related to a sexual assault, including laboratory services and pharmacy services, rendered within 90 days of the initial visit for medical forensic services."Health care professional" means a physician, a physician assistant, a sexual assault forensic examiner, an advanced practice registered nurse, a registered professional nurse, a licensed practical nurse, or a sexual assault nurse examiner."Hospital" means a hospital licensed under the Hospital Licensing Act or operated under the University of Illinois Hospital Act, any outpatient center included in the hospital's sexual assault treatment plan where hospital employees provide medical forensic services, and an out-of-state hospital that  has consented to the jurisdiction of the Department under Section 2.06-1."Illinois State Police Sexual Assault Evidence Collection Kit" means a prepackaged set of materials and forms to be used for the collection of evidence relating to sexual assault. The standardized evidence collection kit for the State of Illinois shall be the Illinois State Police Sexual Assault Evidence Collection Kit."Law enforcement agency having jurisdiction" means the law enforcement agency in the jurisdiction where an alleged sexual assault or sexual abuse occurred."Licensed practical nurse" has the meaning provided in Section 50-10 of the Nurse Practice Act."Medical forensic services" means health care delivered to patients within or under the care and supervision of personnel working in a designated emergency department of a hospital, approved pediatric health care facility, or an approved federally qualified health centers."Medical forensic services" includes, but is not limited to, taking a medical history, performing photo documentation, performing a physical and anogenital examination, assessing the patient for evidence collection, collecting evidence in accordance with a statewide sexual assault evidence collection program administered by the Department of State Police using the Illinois State Police Sexual Assault Evidence Collection Kit, if appropriate, assessing the patient for drug-facilitated or alcohol-facilitated sexual assault, providing an evaluation of and care for sexually transmitted infection and human immunodeficiency virus (HIV), pregnancy risk evaluation and care, and discharge and follow-up healthcare planning."Pediatric health care facility" means a clinic or physician's office that provides medical services to patients under the age of 18."Pediatric sexual assault survivor" means a person under the age of 13 who presents for medical forensic services in relation to injuries or trauma resulting from a sexual assault."Photo documentation" means digital photographs or colposcope videos stored and backed up securely in the original file format."Physician" means a person licensed to practice medicine in all its branches."Physician assistant" has the meaning provided in Section 4 of the Physician Assistant Practice Act of 1987."Prepubescent sexual assault survivor" means a female who is under the age of 18 years and has not had a first menstrual cycle or a male who is under the age of 18 years and has not started to develop secondary sex characteristics who presents for medical forensic services in relation to injuries or trauma resulting from a sexual assault."Qualified medical provider" means a board-certified child abuse pediatrician, board-eligible child abuse pediatrician, a sexual assault forensic examiner, or a sexual assault nurse examiner who has access to photo documentation tools, and who participates in peer review."Registered Professional Nurse" has the meaning provided in Section 50-10 of the Nurse Practice Act."Sexual assault" means:(1) an act of sexual conduct; as used in this     paragraph, "sexual conduct" has the meaning provided under Section 11-0.1 of the Criminal Code of 2012; or(2) any act of sexual penetration; as used in this     paragraph, "sexual penetration" has the meaning provided under Section 11-0.1 of the Criminal Code of 2012 and includes, without limitation, acts prohibited under Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012."Sexual assault forensic examiner" means a physician or physician assistant who has completed training that meets or is substantially similar to the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses."Sexual assault nurse examiner" means an advanced practice registered nurse or registered professional nurse who has completed a sexual assault nurse examiner training program that meets the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses."Sexual assault services voucher" means a document generated by a hospital or approved pediatric health care facility at the time the sexual assault survivor receives outpatient medical forensic services that may be used to seek payment for any ambulance services, medical forensic services, laboratory services, pharmacy services, and follow-up healthcare provided as a result of the sexual assault."Sexual assault survivor" means a person who presents for medical forensic services in relation to injuries or trauma resulting from a sexual assault."Sexual assault transfer plan" means a written plan developed by a hospital and approved by the Department, which describes the hospital's procedures for transferring sexual assault survivors to another hospital, and an approved pediatric health care facility, if applicable, in order to receive medical forensic services."Sexual assault treatment plan" means a written plan that describes the procedures and protocols for providing medical forensic services to sexual assault survivors who present themselves for such services, either directly or through transfer from a hospital or an approved pediatric health care facility."Transfer hospital" means a hospital with a sexual assault transfer plan approved by the Department."Transfer services" means the appropriate medical screening examination and necessary stabilizing treatment prior to the transfer of a sexual assault survivor to a hospital or an approved pediatric health care facility that provides medical forensic services to sexual assault survivors pursuant to a sexual assault treatment plan or areawide sexual assault treatment plan."Treatment hospital" means a hospital with a sexual assault treatment plan approved by the Department to provide medical forensic services to all sexual assault survivors who present with a complaint of sexual assault within a minimum of the last 7 days or who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the last 7 days."Treatment hospital with approved pediatric transfer" means a hospital with a treatment plan approved by the Department to provide medical forensic services to sexual assault survivors 13 years old or older who present with a complaint of sexual assault within a minimum of the last 7 days or who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the last 7 days.(b) This Section is repealed on December 31, 2023. 
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1106, eff. 1-1-23.) (410 ILCS 70/2) (from Ch. 111 1/2, par. 87-2)Sec. 2. Hospital and approved pediatric health care facility requirements for sexual assault plans.(a) Every hospital
required to be licensed by the Department pursuant to
the Hospital Licensing Act, or operated under the University of Illinois Hospital Act that provides general medical and surgical hospital services
shall provide either (i) transfer services to all sexual assault survivors, (ii) medical forensic services to all sexual assault survivors, or (iii) transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older, in accordance with rules adopted by the Department.In addition, every such hospital, regardless of whether or not a request
is made for reimbursement, shall submit
to the Department a plan to provide either (i) transfer services to all sexual assault survivors, (ii) medical forensic services to all sexual assault survivors, or (iii) transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older within the time frame established by the Department.
  The
Department shall approve such plan for
either (i) transfer services to all sexual assault survivors, (ii) medical forensic services

to all sexual assault survivors, or (iii) transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older, if it finds that the implementation of
the proposed plan would provide (i) transfer services or (ii) medical forensic services for
 sexual assault survivors in accordance with the requirements of this Act and provide sufficient protections from the
risk of pregnancy to

sexual assault survivors. Notwithstanding anything to the contrary in this paragraph, the Department may approve a sexual assault transfer plan for the provision of medical forensic services if:(1) a treatment hospital with approved pediatric     transfer has agreed, as part of an areawide treatment plan, to accept sexual assault survivors 13 years of age or older from the proposed transfer hospital, if the treatment hospital with approved pediatric transfer is geographically closer to the transfer hospital than a treatment hospital or another treatment hospital with approved pediatric transfer and such transfer is not unduly burdensome on the sexual assault survivor; and(2) a treatment hospital has agreed, as a part of an     areawide treatment plan, to accept sexual assault survivors under 13 years of age from the proposed transfer hospital and transfer to the treatment hospital would not unduly burden the sexual assault survivor.The Department may not approve a sexual assault transfer plan unless a treatment hospital has agreed, as a part of an areawide treatment plan, to accept sexual assault survivors from the proposed transfer hospital and a transfer to the treatment hospital would not unduly burden the sexual assault survivor.In counties with a population of less than 1,000,000, the Department may not approve a sexual assault transfer plan for a hospital located within a 20-mile radius of a 4-year public university, not including community colleges, unless there is a treatment hospital with a sexual assault treatment plan approved by the Department within a 20-mile radius of the 4-year public university.A transfer must be in accordance with federal and State laws and local ordinances.A treatment hospital with approved pediatric transfer must submit an areawide treatment plan under Section 3 of this Act that includes a written agreement with a treatment hospital stating that the treatment hospital will provide medical forensic services to pediatric sexual assault survivors transferred from the treatment hospital with approved pediatric transfer.  The areawide treatment plan may also include an approved pediatric health care facility.A transfer hospital must submit an areawide treatment plan under Section 3 of this Act that includes a written agreement with a treatment hospital stating that the treatment hospital will provide medical forensic services to all sexual assault survivors transferred from the transfer hospital.  The areawide treatment plan may also include an approved pediatric health care facility. Notwithstanding anything to the contrary in this paragraph, the areawide treatment plan may include a written agreement with a treatment hospital with approved pediatric transfer that is geographically closer than other hospitals providing medical forensic services to sexual assault survivors 13 years of age or older stating that the treatment hospital with approved pediatric transfer will provide medical services to sexual assault survivors 13 years of age or older who are transferred from the transfer hospital.  If the areawide treatment plan includes a written agreement with a treatment hospital with approved pediatric transfer, it must also include a written agreement with a treatment hospital stating that the treatment hospital will provide medical forensic services to sexual assault survivors under 13 years of age who are transferred from the transfer hospital.Beginning January 1, 2019, each treatment hospital and treatment hospital with approved pediatric transfer shall ensure that emergency department attending physicians, physician assistants, advanced practice registered nurses, and registered professional nurses providing clinical services, who do not meet the definition of a qualified medical provider in Section 1a of this Act, receive a minimum of 2 hours of sexual assault training by July 1, 2020 or until the treatment hospital or treatment hospital with approved pediatric transfer certifies to the Department, in a form and manner prescribed by the Department, that it employs or contracts with a qualified medical provider in accordance with subsection (a-7) of Section 5, whichever occurs first.After July 1, 2020 or once a treatment hospital or a treatment hospital with approved pediatric transfer certifies compliance with subsection (a-7) of Section 5, whichever occurs first, each treatment hospital and treatment hospital with approved pediatric transfer shall ensure that emergency department attending physicians, physician assistants, advanced practice registered nurses, and registered professional nurses providing clinical services, who do not meet the definition of a qualified medical provider in Section 1a of this Act, receive a minimum of 2 hours of continuing education on responding to sexual assault survivors every 2 years. Protocols for training shall be included in the hospital's sexual assault treatment plan.Sexual assault training provided under this subsection may be provided in person or online and shall include, but not be  limited to:(1) information  provided on the provision of medical     forensic services;(2) information on the use of the Illinois Sexual     Assault Evidence Collection Kit;(3) information on sexual assault epidemiology,     neurobiology of trauma, drug-facilitated sexual assault, child sexual abuse, and Illinois sexual assault-related laws; and(4) information on the hospital's sexual     assault-related policies and procedures.The online training made available by the Office of the Attorney General under subsection (b) of Section 10 may be used to comply with this subsection.(a-5)  A hospital must submit a plan to provide either (i) transfer services to all sexual assault survivors, (ii) medical forensic services to all sexual assault survivors, or (iii) transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older as required in subsection (a) of this Section within 60 days of the Department's request.  Failure to submit a plan as described in this subsection shall subject a hospital to the imposition of a fine by the Department. The Department may impose a fine of up to $500 per day until the hospital submits a plan as described in this subsection.(a-10)  Upon receipt of a plan as described in subsection (a-5), the Department shall notify the hospital whether or not the plan is acceptable.  If the Department determines that the plan is unacceptable, the hospital must submit a modified plan within 10 days of service of the notification. If the Department determines that the modified plan is unacceptable, or if the hospital fails to submit a modified plan within 10 days, the Department may impose a fine of up to $500 per day until an acceptable plan has been submitted, as determined by the Department.(b) An approved pediatric health care facility may provide medical forensic services, in accordance with rules adopted by the Department, to all sexual assault survivors under the age of 18 who present for medical forensic services in relation to injuries or trauma resulting from a sexual assault. These services shall be provided by a qualified medical provider.A pediatric health care facility must participate in or submit an areawide treatment plan under Section 3 of this Act that includes a treatment hospital. If a pediatric health care facility does not provide certain medical or surgical services that are provided by hospitals, the areawide sexual assault treatment plan must include a procedure for ensuring a sexual assault survivor in need of such medical or surgical services receives the services at the treatment hospital.  The areawide treatment plan may also include a treatment hospital with approved pediatric transfer.The Department shall review a proposed sexual assault treatment plan submitted by a pediatric health care facility within 60 days after receipt of the plan.  If the Department finds that the proposed plan meets the minimum requirements set forth in Section 5 of this Act and that implementation of the proposed plan would provide medical forensic services for sexual assault survivors under the age of 18, then the Department shall approve the plan.  If the Department does not approve a plan,  then the Department shall notify the pediatric health care facility that the proposed plan has not been approved.  The pediatric health care facility shall have 30 days to submit a revised plan.  The Department shall review the revised plan within 30 days after receipt of the plan and notify the pediatric health care facility whether the revised plan is approved or rejected.  A pediatric health care facility may not provide medical forensic services to sexual assault survivors under the age of 18 who present with a complaint of sexual assault within a minimum of the last 7 days or who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the last 7 days until the Department has approved a treatment plan.If an approved pediatric health care facility is not open 24 hours a day, 7 days a week, it shall post signage at each public entrance to its facility that:(1) is at least 14 inches by 14 inches in size;(2) directs those seeking services as follows: "If     closed, call 911 for services or go to the closest hospital emergency department, (insert name) located at (insert address).";(3) lists the approved pediatric health care     facility's hours of operation;(4) lists the street address of the building;(5) has a black background with white bold capital     lettering in a clear and easy to read font that is at least 72-point type, and with "call 911" in at least 125-point type;(6) is posted clearly and conspicuously on or     adjacent to the door at each entrance and, if building materials allow, is posted internally for viewing through glass;   if posted externally, the sign shall be made of weather-resistant and theft-resistant materials, non-removable, and adhered permanently to the building; and(7) has lighting that is part of the sign itself or     is lit with a dedicated light that fully illuminates the sign.A copy of the proposed sign must be submitted to the Department and approved as part of the approved pediatric health care facility's sexual assault treatment plan.(c) Each treatment hospital, treatment hospital with approved pediatric transfer, and approved pediatric health care facility must enter into a  memorandum of understanding with a rape crisis center for medical advocacy services, if these services are available to the treatment hospital, treatment hospital with approved pediatric transfer, or approved pediatric health care facility. With the consent of the sexual assault survivor, a rape crisis counselor shall remain in the exam room during the collection for forensic evidence.(d) Every treatment hospital, treatment hospital with approved pediatric transfer, and approved pediatric health care facility's sexual assault treatment plan shall include procedures for complying with mandatory reporting requirements pursuant to (1) the Abused and Neglected Child Reporting Act; (2) the Abused and Neglected Long Term Care Facility Residents Reporting Act; (3) the Adult Protective Services Act; and (iv) the Criminal Identification Act.(e) Each treatment hospital, treatment hospital with approved pediatric transfer, and approved pediatric health care facility shall submit to the Department every 6 months, in a manner prescribed by the Department, the following information:(1) The total number of patients who presented with a     complaint of sexual assault.(2) The total number of Illinois Sexual Assault     Evidence Collection Kits:(A) offered to (i) all sexual assault survivors         and (ii) pediatric sexual assault survivors        pursuant to paragraph (1.5) of subsection (a-5) of Section 5;(B) completed for (i) all sexual assault         survivors and (ii) pediatric sexual assault        survivors; and(C) declined by (i) all sexual assault survivors         and (ii) pediatric sexual assault survivors.This information shall be made available on the Department's website.(f) This Section is effective on and after January 1, 2024. (Source: P.A. 101-73, eff. 7-12-19; 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1106, eff. 1-1-23.) (410 ILCS 70/2-1)(Text of Section from P.A. 102-1097)(Section scheduled to be repealed on December 31, 2023)Sec. 2-1. Hospital, approved pediatric health care facility, and approved federally qualified health center requirements for sexual assault plans.(a) Every hospital
required to be licensed by the Department pursuant to
the Hospital Licensing Act, or operated under the University of Illinois Hospital Act that provides general medical and surgical hospital services
shall provide either (i) transfer services to all sexual assault survivors, (ii) medical forensic services to all sexual assault survivors, or (iii) transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older, in accordance with rules adopted by the Department.In addition, every such hospital, regardless of whether or not a request
is made for reimbursement, shall submit
to the Department a plan to provide either (i) transfer services to all sexual assault survivors, (ii) medical forensic services to all sexual assault survivors, or (iii) transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older.
  The
Department shall approve such plan for
either (i) transfer services to all sexual assault survivors, (ii) medical forensic services

to all sexual assault survivors, or (iii) transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older, if it finds that the implementation of
the proposed plan would provide (i) transfer services or (ii) medical forensic services for
 sexual assault survivors in accordance with the requirements of this Act and provide sufficient protections from the
risk of pregnancy to

sexual assault survivors. Notwithstanding anything to the contrary in this paragraph, the Department may approve a sexual assault transfer plan for the provision of medical forensic services if:(1) a treatment hospital with approved pediatric     transfer has agreed, as part of an areawide treatment plan, to accept sexual assault survivors 13 years of age or older from the proposed transfer hospital, if the treatment hospital with approved pediatric transfer is geographically closer to the transfer hospital than a treatment hospital or another treatment hospital with approved pediatric transfer and such transfer is not unduly burdensome on the sexual assault survivor; and(2) a treatment hospital has agreed, as a part of an     areawide treatment plan, to accept sexual assault survivors under 13 years of age from the proposed transfer hospital and transfer to the treatment hospital would not unduly burden the sexual assault survivor.The Department may not approve a sexual assault transfer plan unless a treatment hospital has agreed, as a part of an areawide treatment plan, to accept sexual assault survivors from the proposed transfer hospital and a transfer to the treatment hospital would not unduly burden the sexual assault survivor.In counties with a population of less than 1,000,000, the Department may not approve a sexual assault transfer plan for a hospital located within a 20-mile radius of a 4-year public university, not including community colleges, unless there is a treatment hospital with a sexual assault treatment plan approved by the Department within a 20-mile radius of the 4-year public university.A transfer must be in accordance with federal and State laws and local ordinances.A treatment hospital with approved pediatric transfer must submit an areawide treatment plan under Section 3-1 of this Act that includes a written agreement with a treatment hospital stating that the treatment hospital will provide medical forensic services to pediatric sexual assault survivors transferred from the treatment hospital with approved pediatric transfer.  The areawide treatment plan may also include an approved pediatric health care facility.A transfer hospital must submit an areawide treatment plan under Section 3-1 of this Act that includes a written agreement with a treatment hospital stating that the treatment hospital will provide medical forensic services to all sexual assault survivors transferred from the transfer hospital.  The areawide treatment plan may also include an approved pediatric health care facility. Notwithstanding anything to the contrary in this paragraph, the areawide treatment plan may include a written agreement with a treatment hospital with approved pediatric transfer that is geographically closer than other hospitals providing medical forensic services to sexual assault survivors 13 years of age or older stating that the treatment hospital with approved pediatric transfer will provide medical services to sexual assault survivors 13 years of age or older who are transferred from the transfer hospital.  If the areawide treatment plan includes a written agreement with a treatment hospital with approved pediatric transfer, it must also include a written agreement with a treatment hospital stating that the treatment hospital will provide medical forensic services to sexual assault survivors under 13 years of age who are transferred from the transfer hospital.Beginning January 1, 2019, each treatment hospital and treatment hospital with approved pediatric transfer shall ensure that emergency department attending physicians, physician assistants, advanced practice registered nurses, and registered professional nurses providing clinical services, who do not meet the definition of a qualified medical provider in Section 1a-1 of this Act, receive a minimum of 2 hours of sexual assault training by July 1, 2020 or until the treatment hospital or treatment hospital with approved pediatric transfer certifies to the Department, in a form and manner prescribed by the Department, that it employs or contracts with a qualified medical provider in accordance with subsection (a-7) of Section 5-1, whichever occurs first.After July 1, 2020 or once a treatment hospital or a treatment hospital with approved pediatric transfer certifies compliance with subsection (a-7) of Section 5-1, whichever occurs first, each treatment hospital and treatment hospital with approved pediatric transfer shall ensure that emergency department attending physicians, physician assistants, advanced practice registered nurses, and registered professional nurses providing clinical services, who do not meet the definition of a qualified medical provider in Section 1a-1 of this Act, receive a minimum of 2 hours of continuing education on responding to sexual assault survivors every 2 years. Protocols for training shall be included in the hospital's sexual assault treatment plan.Sexual assault training provided under this subsection may be provided in person or online and shall include, but not be  limited to:(1) information  provided on the provision of medical     forensic services;(2) information on the use of the Illinois Sexual     Assault Evidence Collection Kit;(3) information on sexual assault epidemiology,     neurobiology of trauma, drug-facilitated sexual assault, child sexual abuse, and Illinois sexual assault-related laws; and(4) information on the hospital's sexual     assault-related policies and procedures.The online training made available by the Office of the Attorney General under subsection (b) of Section 10-1 may be used to comply with this subsection.(b) An approved pediatric health care facility may provide medical forensic services, in accordance with rules adopted by the Department, to all pediatric sexual assault survivors who present for medical forensic services in relation to injuries or trauma resulting from a sexual assault. These services shall be provided by a qualified medical provider.A pediatric health care facility must participate in or submit an areawide treatment plan under Section 3-1 of this Act that includes a treatment hospital. If a pediatric health care facility does not provide certain medical or surgical services that are provided by hospitals, the areawide sexual assault treatment plan must include a procedure for ensuring a sexual assault survivor in need of such medical or surgical services receives the services at the treatment hospital.  The areawide treatment plan may also include a treatment hospital with approved pediatric transfer.The Department shall review a proposed sexual assault treatment plan submitted by a pediatric health care facility within 60 days after receipt of the plan.  If the Department finds that the proposed plan meets the minimum requirements set forth in Section 5-1 of this Act and that implementation of the proposed plan would provide medical forensic services for pediatric sexual assault survivors, then the Department shall approve the plan.  If the Department does not approve a plan,  then the Department shall notify the pediatric health care facility that the proposed plan has not been approved.  The pediatric health care facility shall have 30 days to submit a revised plan.  The Department shall review the revised plan within 30 days after receipt of the plan and notify the pediatric health care facility whether the revised plan is approved or rejected.  A pediatric health care facility may not provide medical forensic services to pediatric sexual assault survivors who present with a complaint of sexual assault within a minimum of the last 7 days or who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the last 7 days until the Department has approved a treatment plan.If an approved pediatric health care facility is not open 24 hours a day, 7 days a week, it shall post signage at each public entrance to its facility that:(1) is at least 14 inches by 14 inches in size;(2) directs those seeking services as follows: "If     closed, call 911 for services or go to the closest hospital emergency department, (insert name) located at (insert address).";(3) lists the approved pediatric health care     facility's hours of operation;(4) lists the street address of the building;(5) has a black background with white bold capital     lettering in a clear and easy to read font that is at least 72-point type, and with "call 911" in at least 125-point type;(6) is posted clearly and conspicuously on or     adjacent to the door at each entrance and, if building materials allow, is posted internally for viewing through glass;   if posted externally, the sign shall be made of weather-resistant and theft-resistant materials, non-removable, and adhered permanently to the building; and(7) has lighting that is part of the sign itself or     is lit with a dedicated light that fully illuminates the sign.(b-5) An approved federally qualified health center may provide medical forensic services, in accordance with rules adopted by the Department, to all sexual assault survivors 13 years old or older who present for medical forensic services in relation to injuries or trauma resulting from a sexual assault during the duration, and 90 days thereafter, of a proclamation issued by the Governor declaring a disaster, or a successive proclamation regarding the same disaster, in all 102 counties due to a public health emergency. These services must be available on-site during an approved federally qualified health center's hours of operation and shall be provided by a qualified medical provider. If the treatment plan is terminated, the federally qualified health center must submit to the Department for approval, before providing medical forensic services, a new treatment plan and a list of qualified medical providers to ensure coverage for the days and hours of operation.A federally qualified health center must employ a Sexual Assault Nurse Examiner Coordinator who is a qualified medical provider and a Medical Director who is a qualified medical provider.A federally qualified health center must participate in or submit an areawide treatment plan under Section 3-1 of this Act that includes a treatment hospital. If a federally qualified health center does not provide certain medical or surgical services that are provided by hospitals, the areawide sexual assault treatment plan must include a procedure for ensuring a sexual assault survivor in need of such medical or surgical services receives the services at the treatment hospital. The areawide treatment plan may also include a treatment hospital with approved pediatric transfer or an approved pediatric health care facility. An approved federally qualified health center must report each instance that a sexual assault survivor is transferred to a treatment hospital, treatment hospital with approved pediatric transfer, or an approved pediatric health care facility to the Department within 24 hours of the transfer, in a form and manner prescribed by the Department, including the reason for the transfer.The Department shall review a proposed sexual assault treatment plan submitted by a federally qualified health center within 14 days after receipt of the plan. The Department shall approve the proposed sexual assault treatment plan if it finds that the proposed plan:(1) meets the minimum requirements set forth in     Section 5-1;(2) would provide medical forensic services for     sexual assault survivors 13 years old or older on-site during the approved federally qualified health center's hours of operation; and(3) includes an emergency protocol for sexual assault     survivors 13 years old or older to be transferred to a treatment hospital or treatment hospital with approved pediatric transfer to receive medical forensic services if medical forensic services are not available by a qualified medical provider during the approved federally qualified health center's hours of operation, as required.The Department shall not approve sexual assault treatment plans for more than 6 federally qualified health centers, which must be located  in geographically diverse areas of the State. If the Department does not approve a plan, then the Department shall notify the federally qualified health center that the proposed plan has not been approved. The federally qualified health center shall have 14 days to submit a revised plan. The Department shall review the revised plan within 14 days after receipt of the plan and notify the federally qualified health center whether the revised plan is approved or rejected. A federally qualified health center may not (i) provide medical forensic services to sexual assault survivors 13 years old or older who present with a complaint of sexual assault within a minimum of the previous 7 days or (ii) who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the previous 7 days until the Department has approved a treatment plan.Each approved federally qualified health center shall ensure that any physician, physician assistant, advanced practice registered nurse, or registered professional nurse who (i) provides clinical services to sexual assault survivors and (ii) does not meet the definition of a qualified medical provider under Section 1a-1 receives (A) a minimum of 2 hours of sexual assault training within 6 months after the effective date of this amendatory Act of the 102nd General Assembly or within 6 months after beginning employment, whichever is later, and (B) a minimum of 2 hours of continuing education on responding to sexual assault survivors every 2 years.  Protocols for training shall be included in the approved federally qualified health center's sexual assault treatment plan. Sexual assault training provided under this paragraph may be provided in person or online and shall include, but not be limited to:(1) information provided on the provision of medical         forensic services;(2) information on the use of the Illinois Sexual         Assault Evidence Collection Kit;(3) information on sexual assault epidemiology,         neurobiology of trauma, drug-facilitated sexual assault, child sexual abuse, and Illinois sexual assault-related laws; and(4) information on the approved federally qualified     health center's sexual assault-related policies and procedures.The online training made available by the Office of the Attorney General under subsection (b) of Section 10-1 may be used to comply with the sexual assault training required under the preceding paragraph.If an approved federally qualified health center is not open 24 hours a day, 7 days a week, it shall post signage at each public entrance to its facility that:(1) is at least 14 inches by 14 inches in size;(2) directs those seeking services as follows: "If     closed, call 911 for services or go to the closest hospital emergency department, (insert name) located at (insert address).";(3) lists the approved federally qualified health     center's hours of operation;(4) lists the street address of the building;(5) has a black background with white bold capital     lettering in a clear and easy to read font that is at least 72-point type, and with "call 911" in at least 125-point type;(6) is posted clearly and conspicuously on or     adjacent to the door at each entrance and, if building materials allow, is posted internally for viewing through glass; if posted externally, the sign shall be made of weather-resistant and theft-resistant materials, non-removable, and adhered permanently to the building;(7) has lighting that is part of the sign itself or     is lit with a dedicated light that fully illuminates the sign;(8) directs those seeking services as follows: "Call     the local rape crisis center for support."; and(9) includes the name and hotline number, available     24 hours a day, 7 days a week, of the local rape crisis center.A copy of the proposed sign must be submitted to the Department and approved as part of the approved federally qualified health center's sexual assault treatment plan.(c) Each treatment hospital, treatment hospital with approved pediatric transfer, approved pediatric health care facility, and approved federally qualified health center must enter into a  memorandum of understanding with a rape crisis center for medical advocacy services, if these services are available to the treatment hospital, treatment hospital with approved pediatric transfer, approved pediatric health care facility, or approved federally qualified health center. With the consent of the sexual assault survivor, a rape crisis counselor shall remain in the exam room during the collection for forensic evidence.An approved federally qualified health center that has a memorandum of understanding with a rape crisis center must notify the rape crisis center immediately if medical forensic services are not available during the approved federally qualified health center's hours of operation or if the approved federally qualified health center's treatment plan is terminated by the Department.(d) Every treatment hospital, treatment hospital with approved pediatric transfer, approved pediatric health care facility, and approved federally qualified health center's sexual assault treatment plan shall include procedures for complying with mandatory reporting requirements pursuant to (1) the Abused and Neglected Child Reporting Act; (2) the Abused and Neglected Long Term Care Facility Residents Reporting Act; (3) the Adult Protective Services Act; and (iv) the Criminal Identification Act.(e) Each treatment hospital, treatment hospital with approved pediatric transfer, approved pediatric health care facility, and approved federally qualified health center shall submit to the Department every 6 months, in a manner prescribed by the Department, the following information:(1) The total number of patients who presented with a     complaint of sexual assault.(2) The total number of Illinois Sexual Assault     Evidence Collection Kits:(A) offered to (i) all sexual assault survivors         and (ii) pediatric sexual assault survivors        pursuant to paragraph (1.5) of subsection (a-5) of Section 5-1;(B) completed for (i) all sexual assault         survivors and (ii) pediatric sexual assault        survivors; and(C) declined by (i) all sexual assault survivors         and (ii) pediatric sexual assault survivors.This information shall be made available on the Department's website.(f) This Section is repealed on December 31, 2023. 
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1097, eff. 6-16-22.)(Text of Section from P.A. 102-1106)(Section scheduled to be repealed on December 31, 2023)Sec. 2-1. Hospital, approved pediatric health care facility, and approved federally qualified health center requirements for sexual assault plans.(a) Every hospital
required to be licensed by the Department pursuant to
the Hospital Licensing Act, or operated under the University of Illinois Hospital Act that provides general medical and surgical hospital services
shall provide either (i) transfer services to all sexual assault survivors, (ii) medical forensic services to all sexual assault survivors, or (iii) transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older, in accordance with rules adopted by the Department.In addition, every such hospital, regardless of whether or not a request
is made for reimbursement, shall submit
to the Department a plan to provide either (i) transfer services to all sexual assault survivors, (ii) medical forensic services to all sexual assault survivors, or (iii) transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older within the time frame established by the Department.
  The
Department shall approve such plan for
either (i) transfer services to all sexual assault survivors, (ii) medical forensic services

to all sexual assault survivors, or (iii) transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older, if it finds that the implementation of
the proposed plan would provide (i) transfer services or (ii) medical forensic services for
 sexual assault survivors in accordance with the requirements of this Act and provide sufficient protections from the
risk of pregnancy to

sexual assault survivors. Notwithstanding anything to the contrary in this paragraph, the Department may approve a sexual assault transfer plan for the provision of medical forensic services if:(1) a treatment hospital with approved pediatric     transfer has agreed, as part of an areawide treatment plan, to accept sexual assault survivors 13 years of age or older from the proposed transfer hospital, if the treatment hospital with approved pediatric transfer is geographically closer to the transfer hospital than a treatment hospital or another treatment hospital with approved pediatric transfer and such transfer is not unduly burdensome on the sexual assault survivor; and(2) a treatment hospital has agreed, as a part of an     areawide treatment plan, to accept sexual assault survivors under 13 years of age from the proposed transfer hospital and transfer to the treatment hospital would not unduly burden the sexual assault survivor.The Department may not approve a sexual assault transfer plan unless a treatment hospital has agreed, as a part of an areawide treatment plan, to accept sexual assault survivors from the proposed transfer hospital and a transfer to the treatment hospital would not unduly burden the sexual assault survivor.In counties with a population of less than 1,000,000, the Department may not approve a sexual assault transfer plan for a hospital located within a 20-mile radius of a 4-year public university, not including community colleges, unless there is a treatment hospital with a sexual assault treatment plan approved by the Department within a 20-mile radius of the 4-year public university.A transfer must be in accordance with federal and State laws and local ordinances.A treatment hospital with approved pediatric transfer must submit an areawide treatment plan under Section 3-1 of this Act that includes a written agreement with a treatment hospital stating that the treatment hospital will provide medical forensic services to pediatric sexual assault survivors transferred from the treatment hospital with approved pediatric transfer.  The areawide treatment plan may also include an approved pediatric health care facility.A transfer hospital must submit an areawide treatment plan under Section 3-1 of this Act that includes a written agreement with a treatment hospital stating that the treatment hospital will provide medical forensic services to all sexual assault survivors transferred from the transfer hospital.  The areawide treatment plan may also include an approved pediatric health care facility. Notwithstanding anything to the contrary in this paragraph, the areawide treatment plan may include a written agreement with a treatment hospital with approved pediatric transfer that is geographically closer than other hospitals providing medical forensic services to sexual assault survivors 13 years of age or older stating that the treatment hospital with approved pediatric transfer will provide medical services to sexual assault survivors 13 years of age or older who are transferred from the transfer hospital.  If the areawide treatment plan includes a written agreement with a treatment hospital with approved pediatric transfer, it must also include a written agreement with a treatment hospital stating that the treatment hospital will provide medical forensic services to sexual assault survivors under 13 years of age who are transferred from the transfer hospital.Beginning January 1, 2019, each treatment hospital and treatment hospital with approved pediatric transfer shall ensure that emergency department attending physicians, physician assistants, advanced practice registered nurses, and registered professional nurses providing clinical services, who do not meet the definition of a qualified medical provider in Section 1a-1 of this Act, receive a minimum of 2 hours of sexual assault training by July 1, 2020 or until the treatment hospital or treatment hospital with approved pediatric transfer certifies to the Department, in a form and manner prescribed by the Department, that it employs or contracts with a qualified medical provider in accordance with subsection (a-7) of Section 5-1, whichever occurs first.After July 1, 2020 or once a treatment hospital or a treatment hospital with approved pediatric transfer certifies compliance with subsection (a-7) of Section 5-1, whichever occurs first, each treatment hospital and treatment hospital with approved pediatric transfer shall ensure that emergency department attending physicians, physician assistants, advanced practice registered nurses, and registered professional nurses providing clinical services, who do not meet the definition of a qualified medical provider in Section 1a-1 of this Act, receive a minimum of 2 hours of continuing education on responding to sexual assault survivors every 2 years. Protocols for training shall be included in the hospital's sexual assault treatment plan.Sexual assault training provided under this subsection may be provided in person or online and shall include, but not be  limited to:(1) information  provided on the provision of medical     forensic services;(2) information on the use of the Illinois Sexual     Assault Evidence Collection Kit;(3) information on sexual assault epidemiology,     neurobiology of trauma, drug-facilitated sexual assault, child sexual abuse, and Illinois sexual assault-related laws; and(4) information on the hospital's sexual     assault-related policies and procedures.The online training made available by the Office of the Attorney General under subsection (b) of Section 10-1 may be used to comply with this subsection.(a-5)  A hospital must submit a plan to provide either (i) transfer services to all sexual assault survivors, (ii) medical forensic services to all sexual assault survivors, or (iii) transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older as required in subsection (a) of this Section within 60 days of the Department's request.  Failure to submit a plan as described in this subsection shall subject a hospital to the imposition of a fine by the Department. The Department may impose a fine of up to $500 per day until the hospital submits a plan as described in this subsection. No fine shall be taken or assessed until 12 months after the effective date of this amendatory Act of the 102nd General Assembly.(a-10)  Upon receipt of a plan as described in subsection (a-5), the Department shall notify the hospital whether or not the plan is acceptable.  If the Department determines that the plan is unacceptable, the hospital must submit a modified plan within 10 days of service of the notification. If the Department determines that the modified plan is unacceptable, or if the hospital fails to submit a modified plan within 10 days, the Department may impose a fine of up to $500 per day until an acceptable plan has been submitted, as determined by the Department. No fine shall be taken or assessed until 12 months after the effective date of this amendatory Act of the 102nd General Assembly.(b) An approved pediatric health care facility may provide medical forensic services, in accordance with rules adopted by the Department, to all sexual assault survivors under the age of 18 who present for medical forensic services in relation to injuries or trauma resulting from a sexual assault. These services shall be provided by a qualified medical provider.A pediatric health care facility must participate in or submit an areawide treatment plan under Section 3-1 of this Act that includes a treatment hospital. If a pediatric health care facility does not provide certain medical or surgical services that are provided by hospitals, the areawide sexual assault treatment plan must include a procedure for ensuring a sexual assault survivor in need of such medical or surgical services receives the services at the treatment hospital.  The areawide treatment plan may also include a treatment hospital with approved pediatric transfer.The Department shall review a proposed sexual assault treatment plan submitted by a pediatric health care facility within 60 days after receipt of the plan.  If the Department finds that the proposed plan meets the minimum requirements set forth in Section 5-1 of this Act and that implementation of the proposed plan would provide medical forensic services for sexual assault survivors under the age of 18, then the Department shall approve the plan.  If the Department does not approve a plan,  then the Department shall notify the pediatric health care facility that the proposed plan has not been approved.  The pediatric health care facility shall have 30 days to submit a revised plan.  The Department shall review the revised plan within 30 days after receipt of the plan and notify the pediatric health care facility whether the revised plan is approved or rejected.  A pediatric health care facility may not provide medical forensic services to sexual assault survivors under the age of 18 who present with a complaint of sexual assault within a minimum of the last 7 days or who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the last 7 days until the Department has approved a treatment plan.If an approved pediatric health care facility is not open 24 hours a day, 7 days a week, it shall post signage at each public entrance to its facility that:(1) is at least 14 inches by 14 inches in size;(2) directs those seeking services as follows: "If     closed, call 911 for services or go to the closest hospital emergency department, (insert name) located at (insert address).";(3) lists the approved pediatric health care     facility's hours of operation;(4) lists the street address of the building;(5) has a black background with white bold capital     lettering in a clear and easy to read font that is at least 72-point type, and with "call 911" in at least 125-point type;(6) is posted clearly and conspicuously on or     adjacent to the door at each entrance and, if building materials allow, is posted internally for viewing through glass;   if posted externally, the sign shall be made of weather-resistant and theft-resistant materials, non-removable, and adhered permanently to the building; and(7) has lighting that is part of the sign itself or     is lit with a dedicated light that fully illuminates the sign.(b-5) An approved federally qualified health center may provide medical forensic services, in accordance with rules adopted by the Department, to all sexual assault survivors 13 years old or older who present for medical forensic services in relation to injuries or trauma resulting from a sexual assault during the duration, and 90 days thereafter, of a proclamation issued by the Governor declaring a disaster, or a successive proclamation regarding the same disaster, in all 102 counties due to a public health emergency. These services shall be provided by (i) a qualified medical provider, physician, physician assistant, or advanced practice registered nurse who has received a minimum of 10 hours of sexual assault training provided by a qualified medical provider on current Illinois legislation, how to properly perform a medical forensic examination, evidence collection, drug and alcohol facilitated sexual assault, and forensic photography and has all documentation and photos peer reviewed by a qualified medical provider
or (ii) until the federally qualified health care center certifies to the Department, in a form and manner prescribed by the Department, that it employs or contracts with a qualified medical provider in accordance with subsection (a-7) of Section 5-1, whichever occurs first.A federally qualified health center must participate in or submit an areawide treatment plan under Section 3-1 of this Act that includes a treatment hospital. If a federally qualified health center does not provide certain medical or surgical services that are provided by hospitals, the areawide sexual assault treatment plan must include a procedure for ensuring a sexual assault survivor in need of such medical or surgical services receives the services at the treatment hospital. The areawide treatment plan may also include a treatment hospital with approved pediatric transfer or an approved pediatric health care facility.The Department shall review a proposed sexual assault treatment plan submitted by a federally qualified health center within 14 days after receipt of the plan. If the Department finds that the proposed plan meets the minimum requirements set forth in Section 5-1 and that implementation of the proposed plan would provide medical forensic services for sexual assault survivors 13 years old or older, then the Department shall approve the plan. If the Department does not approve a plan, then the Department shall notify the federally qualified health center that the proposed plan has not been approved. The federally qualified health center shall have 14 days to submit a revised plan. The Department shall review the revised plan within 14 days after receipt of the plan and notify the federally qualified health center whether the revised plan is approved or rejected. A federally qualified health center may not (i) provide medical forensic services to sexual assault survivors 13 years old or older who present with a complaint of sexual assault within a minimum of the previous 7 days or (ii) who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the previous 7 days until the Department has approved a treatment plan.If an approved federally qualified health center is not open 24 hours a day, 7 days a week, it shall post signage at each public entrance to its facility that:(1) is at least 14 inches by 14 inches in size;(2) directs those seeking services as follows: "If     closed, call 911 for services or go to the closest hospital emergency department, (insert name) located at (insert address).";(3) lists the approved federally qualified health     center's hours of operation;(4) lists the street address of the building;(5) has a black background with white bold capital     lettering in a clear and easy to read font that is at least 72-point type, and with "call 911" in at least 125-point type;(6) is posted clearly and conspicuously on or     adjacent to the door at each entrance and, if building materials allow, is posted internally for viewing through glass; if posted externally, the sign shall be made of weather-resistant and theft-resistant materials, non-removable, and adhered permanently to the building; and(7) has lighting that is part of the sign itself or     is lit with a dedicated light that fully illuminates the sign.A copy of the proposed sign must be submitted to the Department and approved as part of the approved federally qualified health center's sexual assault treatment plan.(c) Each treatment hospital, treatment hospital with approved pediatric transfer, approved pediatric health care facility, and approved federally qualified health center must enter into a  memorandum of understanding with a rape crisis center for medical advocacy services, if these services are available to the treatment hospital, treatment hospital with approved pediatric transfer, approved pediatric health care facility, or approved federally qualified health center. With the consent of the sexual assault survivor, a rape crisis counselor shall remain in the exam room during the collection for forensic evidence.(d) Every treatment hospital, treatment hospital with approved pediatric transfer, approved pediatric health care facility, and approved federally qualified health center's sexual assault treatment plan shall include procedures for complying with mandatory reporting requirements pursuant to (1) the Abused and Neglected Child Reporting Act; (2) the Abused and Neglected Long Term Care Facility Residents Reporting Act; (3) the Adult Protective Services Act; and (iv) the Criminal Identification Act.(e) Each treatment hospital, treatment hospital with approved pediatric transfer, approved pediatric health care facility, and approved federally qualified health center shall submit to the Department every 6 months, in a manner prescribed by the Department, the following information:(1) The total number of patients who presented with a     complaint of sexual assault.(2) The total number of Illinois Sexual Assault     Evidence Collection Kits:(A) offered to (i) all sexual assault survivors         and (ii) pediatric sexual assault survivors        pursuant to paragraph (1.5) of subsection (a-5) of Section 5-1;(B) completed for (i) all sexual assault         survivors and (ii) pediatric sexual assault        survivors; and(C) declined by (i) all sexual assault survivors         and (ii) pediatric sexual assault survivors.This information shall be made available on the Department's website.(f) This Section is repealed on December 31, 2023. 
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1106, eff. 1-1-23.) (410 ILCS 70/2.05)Sec. 2.05. Department requirements.(a) The Department shall periodically conduct on-site reviews of approved sexual assault treatment plans with hospital and approved pediatric health care facility personnel to ensure that the established procedures are being followed.  Department personnel conducting the on-site reviews shall attend 4 hours of sexual assault training conducted by a qualified medical provider that includes, but is not limited to, forensic evidence collection provided to sexual assault survivors of any age and Illinois sexual assault-related laws and administrative rules.(b) On July 1, 2019 and each July 1 thereafter, the Department shall submit a report to the General Assembly containing information on the hospitals and pediatric health care facilities in this State that have submitted a plan to provide: (i) transfer services to all sexual assault survivors, (ii) medical forensic services to all sexual assault survivors, (iii) transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older, or (iv) medical forensic services to pediatric sexual assault survivors. The Department shall post the report on its Internet website on or before October 1, 2019 and, except as otherwise provided in this Section, update the report every quarter thereafter. The report shall include all of the following:(1) Each hospital and pediatric care facility that     has submitted a plan, including the submission date of the plan, type of plan submitted, and the date the plan was approved or denied.  If a pediatric health care facility withdraws its plan, the Department shall immediately update the report on its Internet website to remove the pediatric health care facility's name and information.(2) Each hospital that has failed to submit a plan as     required in subsection (a) of Section 2.(3) Each hospital and approved pediatric care     facility that has to submit an acceptable Plan of Correction within the time required by Section 2.1, including the date the Plan of Correction was required to be submitted. Once a hospital or approved pediatric health care facility submits and implements the required Plan of Correction, the Department shall immediately update the report on its Internet website to reflect that hospital or approved pediatric health care facility's compliance.(4) Each hospital and approved pediatric care     facility at which the periodic on-site review required by Section 2.05 of this Act has been conducted, including the date of the on-site review and whether the hospital or approved pediatric care facility was found to be in compliance with its approved plan.(5) Each areawide treatment plan submitted to the     Department pursuant to Section 3 of this Act, including which treatment hospitals, treatment hospitals with approved pediatric transfer, transfer hospitals and approved pediatric health care facilities are identified in each areawide treatment plan.(c) The Department, in consultation with the Office of the Attorney General, shall adopt administrative rules by January 1, 2020 establishing a process for physicians and physician assistants to provide documentation of training and clinical experience that meets or is substantially similar to the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses in order to qualify as a sexual assault forensic examiner.(d) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/2.05-1)(Section scheduled to be repealed on December 31, 2023)Sec. 2.05-1. Department requirements.(a) The Department shall periodically conduct on-site reviews of approved sexual assault treatment plans with hospital, approved pediatric health care facility, and approved federally qualified health care personnel to ensure that the established procedures are being followed.  Department personnel conducting the on-site reviews shall attend 4 hours of sexual assault training conducted by a qualified medical provider that includes, but is not limited to, forensic evidence collection provided to sexual assault survivors of any age and Illinois sexual assault-related laws and administrative rules.(b) On July 1, 2019 and each July 1 thereafter, the Department shall submit a report to the General Assembly containing information on the hospitals,  pediatric health care facilities, and federally qualified health centers in this State that have submitted a plan to provide: (i) transfer services to all sexual assault survivors, (ii) medical forensic services to all sexual assault survivors, (iii) transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older, or (iv) medical forensic services to pediatric sexual assault survivors. The Department shall post the report on its Internet website on or before October 1, 2019 and, except as otherwise provided in this Section, update the report every quarter thereafter. The report shall include all of the following:(1) Each hospital,  pediatric care facility, and     federally qualified health center that has submitted a plan, including the submission date of the plan, type of plan submitted, and the date the plan was approved or denied.  If a pediatric health care facility withdraws its plan, the Department shall immediately update the report on its Internet website to remove the pediatric health care facility's name and information.(2) Each hospital that has failed to submit a plan as     required in subsection (a) of Section 2-1.(3) Each hospital, approved pediatric care facility,     and federally qualified health center that has to submit an acceptable Plan of Correction within the time required by Section 2.1-1, including the date the Plan of Correction was required to be submitted. Once a hospital, approved pediatric health care facility, or approved federally qualified health center submits and implements the required Plan of Correction, the Department shall immediately update the report on its Internet website to reflect that hospital, approved pediatric health care facility, or federally qualified health center's compliance.(4) Each hospital, approved pediatric care facility,     and federally qualified health center at which the periodic on-site review required by Section 2.05-1 of this Act has been conducted, including the date of the on-site review and whether the hospital, approved pediatric care facility, and federally qualified health center was found to be in compliance with its approved plan.(5) Each areawide treatment plan submitted to the     Department pursuant to Section 3-1 of this Act, including which treatment hospitals, treatment hospitals with approved pediatric transfer, transfer hospitals, approved pediatric health care facilities, and approved federally qualified health centers are identified in each areawide treatment plan.(6) During the duration, and 90 days thereafter, of a     proclamation issued by the Governor declaring a disaster, or a successive proclamation regarding the same disaster, in all 102 counties due to a public health emergency, the Department shall immediately update the report on its website to reflect each federally qualified health center that has submitted a plan, including the submission date of the plan, type of plan submitted, and the date the plan was approved.(c) The Department, in consultation with the Office of the Attorney General, shall adopt administrative rules by January 1, 2020 establishing a process for physicians and physician assistants to provide documentation of training and clinical experience that meets or is substantially similar to the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses in order to qualify as a sexual assault forensic examiner.(d) This Section is repealed on December 31, 2023. 
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/2.06)Sec. 2.06. Consent to jurisdiction.(a) A pediatric health care facility that submits a plan to the Department for approval under Section 2 or an out-of-state hospital that submits an areawide treatment plan in accordance with subsection (b) of Section 5.4 consents to the jurisdiction and oversight of the Department, including, but not limited to, inspections, investigations, and evaluations arising out of complaints relevant to this Act made to the Department. A pediatric health care facility that submits a plan to the Department for approval under Section 2 or an out-of-state hospital that submits an areawide treatment plan in accordance with subsection (b) of Section 5.4 shall be deemed to have given consent to annual inspections, surveys, or evaluations relevant to this Act by properly identified personnel of the Department or by such other properly identified persons, including local health department staff, as the Department may designate. In addition, representatives of the Department shall have access to and may reproduce or photocopy any books, records, and other documents maintained by the pediatric health care facility or the facility's representatives or the out-of-state hospital  or the out-of-state hospital's representative to the extent necessary to carry out this Act. No representative, agent, or person acting on behalf of the pediatric health care facility or out-of-state hospital in any manner shall intentionally prevent, interfere with, or attempt to impede in any way any duly authorized investigation and enforcement of this Act. The Department shall have the power to adopt rules to carry out the purpose of regulating a pediatric health care facility or out-of-state hospital. In carrying out oversight of a pediatric health care facility or an out-of-state hospital, the Department shall respect the confidentiality of all patient records, including by complying with the patient record confidentiality requirements set out in Section 6.14b of the Hospital Licensing Act.(b) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/2.1) (from Ch. 111 1/2, par. 87-2.1)Sec. 2.1. Plan of correction; penalties.(a) If the Department surveyor determines that
the hospital or approved pediatric health care facility is not
in compliance with its approved plan, the surveyor shall provide the
hospital or approved pediatric health care facility with a written list of the specific items of noncompliance within
10 working days after the conclusion of the on-site review.  The hospital shall have
10 working days to submit to the Department a plan of
correction which
contains the hospital's or approved pediatric health care facility's specific proposals for correcting the items of
noncompliance.  The Department shall review the plan of
correction and
notify the hospital in writing within 10 working days as to whether the plan is acceptable
or unacceptable.If the Department finds the Plan of Correction
unacceptable, the
hospital or approved pediatric health care facility shall have 10 working days to resubmit an acceptable Plan of
Correction.  Upon notification that its Plan of Correction is acceptable, a
hospital or approved pediatric health care facility shall implement the Plan of Correction within 60 days.(b) The failure of a hospital to submit an acceptable Plan of Correction or to implement
the Plan of Correction, within the time frames required in this Section,
will subject a hospital to the imposition of a fine by the Department.  The
Department may impose a fine of up to $500 per day
until a hospital
complies with the requirements of this Section. If a hospital submits 2 Plans of Correction that are found to not be acceptable by the Department, the hospital shall become subject to the imposition of a fine by the Department.If an approved pediatric health care facility fails to submit an acceptable Plan of Correction or to implement the Plan of Correction within the time frames required in this Section, then the Department shall notify the approved pediatric health care facility that the approved pediatric health care facility may not provide medical forensic services under this Act. The Department may impose a fine of up to $500 per patient provided services in violation of this Act. If an approved pediatric facility submits 2 Plans of Correction that are found to not be acceptable by the Department, the approved pediatric health care facility shall become subject to the imposition of a fine by the Department and the termination of its approved sexual assault treatment plan.(c) Before imposing a fine pursuant to this Section, the Department shall
provide the hospital or approved pediatric health care facility via certified mail with written notice and an
opportunity for an administrative hearing.  Such hearing must be requested
within 10 working days after receipt of the Department's Notice.
All hearings
shall be conducted in accordance with the Department's

rules
in
administrative hearings.(d) This Section is effective on and after January 1, 2024. (Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1106, eff. 1-1-23.) (410 ILCS 70/2.2)Sec. 2.2. Emergency contraception.(a) The General Assembly finds:(1) Crimes of sexual assault and sexual abuse  cause     significant physical, emotional, and psychological trauma to the victims.  This trauma is compounded by a victim's fear of becoming pregnant and bearing a child as a result of the sexual assault.(2) Each year over 32,000 women become pregnant in     the United States as the result of rape and approximately 50% of these pregnancies end in abortion.(3) As approved for use by the Federal Food and Drug     Administration (FDA), emergency contraception can significantly reduce the risk of pregnancy if taken within 72 hours after the sexual assault.(4) By providing emergency contraception to rape     victims in a timely manner, the trauma of rape can be significantly reduced.(b) Every hospital or approved pediatric health care facility providing services to sexual
assault survivors in accordance with a plan approved under Section 2 must
develop a protocol that ensures that each survivor of sexual
assault will receive medically and factually accurate and written and oral
information about emergency contraception; the indications and contraindications
 and risks associated with the use of emergency
contraception;
and a description of how and when victims may be provided emergency
contraception at no cost upon
the written order of a physician licensed to practice medicine
in all its branches, a licensed advanced practice registered nurse, or a licensed physician assistant.  The Department shall approve the protocol if it finds
that the implementation of the protocol would provide sufficient protection
for survivors of sexual assault.The hospital or approved pediatric health care facility shall implement the protocol upon approval by the Department.
The Department shall adopt rules and regulations establishing one or more safe
harbor protocols and setting minimum acceptable protocol standards that
hospitals may develop and implement.  The Department shall approve any protocol
that meets those standards.  The Department may provide a sample acceptable
protocol upon request.(c) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/2.06-1)(Section scheduled to be repealed on December 31, 2023)Sec. 2.06-1. Consent to jurisdiction.(a) A pediatric health care facility or federally qualified health center that submits a plan to the Department for approval under Section 2-1 or an out-of-state hospital that submits an areawide treatment plan in accordance with subsection (b) of Section 5.4 consents to the jurisdiction and oversight of the Department, including, but not limited to, inspections, investigations, and evaluations arising out of complaints relevant to this Act made to the Department. A pediatric health care facility or federally qualified health center that submits a plan to the Department for approval under Section 2-1 or an out-of-state hospital that submits an areawide treatment plan in accordance with subsection (b) of Section 5.4 shall be deemed to have given consent to annual inspections, surveys, or evaluations relevant to this Act by properly identified personnel of the Department or by such other properly identified persons, including local health department staff, as the Department may designate. In addition, representatives of the Department shall have access to and may reproduce or photocopy any books, records, and other documents maintained by the pediatric health care facility or the facility's representatives or the out-of-state hospital  or the out-of-state hospital's representative to the extent necessary to carry out this Act. No representative, agent, or person acting on behalf of the pediatric health care facility, federally qualified health center, or out-of-state hospital in any manner shall intentionally prevent, interfere with, or attempt to impede in any way any duly authorized investigation and enforcement of this Act. The Department shall have the power to adopt rules to carry out the purpose of regulating a pediatric health care facility or out-of-state hospital. In carrying out oversight of a pediatric health care facility, federally qualified health center, or an out-of-state hospital, the Department shall respect the confidentiality of all patient records, including by complying with the patient record confidentiality requirements set out in Section 6.14b of the Hospital Licensing Act.(b) This Section is repealed on December 31, 2023. 
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/2.1-1)(Section scheduled to be repealed on December 31, 2023)Sec. 2.1-1. Plan of correction; penalties.(a) If the Department surveyor determines that the hospital, approved pediatric health care facility, or approved federally qualified health center is not in compliancewith its approved plan, the surveyor shall provide the hospital, approved pediatric health care facility, or approved federally qualified health center with a written list of the specific items of noncompliance within 10 working days after the conclusion of the on-site review. The hospital, approved pediatric health care facility, or approved federally qualified health center shall have 10 working days to submit to the Department a plan of correction which contains the hospital's, approved pediatric health care facility's, or approved federally qualified health center's specific proposals for correcting the items of noncompliance. The Department shall review the plan of correction and notify the hospital, approved pediatric health care facility, or approved federally qualified health center in writing within 10 working days as to whether the plan is acceptable or unacceptable.If the Department finds the Plan of Correction unacceptable, the hospital, approved pediatric health care facility, or approved federally qualified health center shall have 10 working days to resubmit an acceptable Plan of Correction. Upon notification that its Plan of Correction is acceptable, a hospital, approved pediatric health care facility, or approved federally qualified health center shall implement the Plan of Correction within 60 days.(b) The failure of a hospital to submit an acceptable Plan of Correction or to implement
the Plan of Correction, within the time frames required in this Section,
will subject a hospital to the imposition of a fine by the Department.  If a hospital submits 2 Plans of Correction that are found to not be acceptable by the Department, the facility shall become subject to the imposition of a fine by the Department. The
Department may impose a fine of up to $500 per day
until a hospital
complies with the requirements of this Section. No fine shall be taken or assessed until 12 months after the effective date of this amendatory Act of the 102nd General Assembly.If an approved pediatric health care facility or approved federally qualified health center fails to submit an acceptable Plan of Correction or to implement the Plan of Correction within the time frames required in this Section, then the Department shall notify the approved pediatric health care facility or approved federally qualified health center that the approved pediatric health care facility or approved federally qualified health center may not provide medical forensic services under this Act. If an approved pediatric health care facility or approved federally qualified health center submits 2 Plans of Correction that are found to not be acceptable by the Department, the facility shall become subject to the imposition of a fine by the Department and the termination of its approved sexual assault treatment plan. The Department may impose a fine of up to $500 per patient provided services in violation of this Act. No fine shall be taken or assessed until 12 months after the effective date of this amendatory Act of the 102nd General Assembly.(c) Before imposing a fine pursuant to this Section, the Department shall provide the hospital, or approved pediatric health care facility, or approved federally qualified health center via certified mail with written notice and an opportunity for an administrative hearing. Such hearing must be requested within 10 working days after receipt of the Department's Notice. All hearings shall be conducted in accordance with the Department's rules in administrative hearings.(d) This Section is repealed on December 31, 2023.
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1106, eff. 1-1-23.) (410 ILCS 70/2.2-1)(Section scheduled to be repealed on December 31, 2023)Sec. 2.2-1. Emergency contraception.(a) The General Assembly finds:(1) Crimes of sexual assault and sexual abuse  cause     significant physical, emotional, and psychological trauma to the victims.  This trauma is compounded by a victim's fear of becoming pregnant and bearing a child as a result of the sexual assault.(2) Each year over 32,000 women become pregnant in     the United States as the result of rape and approximately 50% of these pregnancies end in abortion.(3) As approved for use by the Federal Food and Drug     Administration (FDA), emergency contraception can significantly reduce the risk of pregnancy if taken within 72 hours after the sexual assault.(4) By providing emergency contraception to rape     victims in a timely manner, the trauma of rape can be significantly reduced.(b) Every hospital, approved pediatric health care facility, or approved federally qualified health center providing services to sexual assault survivors in accordance with a plan approved under Section 2-1 must develop a protocol that ensures that each survivor of sexual assault will receive medically and factually accurate and written and oral information about emergency contraception; the indications and contraindications and risks associated with the use of emergency contraception; and a description of how and when victims may be provided emergency contraception at no cost upon the written order of a physician licensed to practice medicinein all its branches, a licensed advanced practice registered nurse, or a licensed physician assistant. The Department shall approve the protocol if it finds that the implementation of the protocol would provide sufficient protection for survivors of sexual assault.The hospital, approved pediatric health care facility, or approved federally qualified health center shall implement the protocol upon approval by the Department. The Department shall adopt rules and regulations establishing one or more safe harbor protocols and setting minimum acceptable protocol standards that hospitals may develop and implement. The Department shall approve any protocol that meets those standards. The Department may provide a sample acceptable protocol upon request.(c) This Section is repealed on December 31, 2023.
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/3) (from Ch. 111 1/2, par. 87-3)Sec. 3. Areawide sexual assault treatment plans; submission.(a) Hospitals and approved pediatric health care facilities in the area to be served may develop and participate in areawide plans that shall describe the medical forensic services to sexual assault survivors that each participating hospital and approved pediatric health care facility has agreed to make available. Each hospital and approved pediatric health care facility participating in such a plan shall provide such services as it is designated to provide in the plan agreed upon by the participants. An areawide plan may include treatment hospitals, treatment hospitals with approved pediatric transfer, transfer hospitals, approved pediatric health care facilities, or out-of-state hospitals as provided in Section 5.4. All areawide plans shall be submitted to the Department for approval, prior to becoming effective.  The Department shall approve a proposed plan if it finds that the minimum requirements set forth in Section 5 and implementation of the plan would provide for appropriate medical forensic services for the people of the area to be served.(b) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/3-1)(Section scheduled to be repealed on December 31, 2023)Sec. 3-1. Areawide sexual assault treatment plans; submission.(a) Hospitals, approved pediatric health care facilities, and approved federally qualified health centers in the area to be served may develop and participate in areawide plans that shall describe the medical forensic services to sexual assault survivors that each participating hospital, approved pediatric health care facility, and approved federally qualified health centers has agreed to makeavailable. Each hospital, approved pediatric health care facility, and approved federally qualified health center participating in such a plan shall provide such services as it is designated to provide in the plan agreed upon by the participants. An areawide plan may include treatment hospitals, treatment hospitals with approved pediatric transfer, transfer hospitals, approved pediatric health care facilities, approved federally qualified health centers, or out-of-state hospitals as provided in Section 5.4. All areawide plans shall be submitted to the Department for approval, prior to becoming effective. The Department shall approve a proposed plan if it finds that the minimum requirements set forth in Section 5-1 and implementation of the plan would provide for appropriate medical forensic services for the people of the area to be served.(b) This Section is repealed on December 31, 2023.
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/4)Sec. 4. (Repealed).
	 
	 (Source: P.A. 90-587, eff. 7-1-98. Repealed by P.A. 95-432, eff. 1-1-08.) (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)Sec. 5. Minimum requirements for medical forensic services provided to sexual assault survivors by hospitals and approved pediatric health care facilities.(a) Every hospital and approved pediatric health care facility providing medical forensic services to
sexual assault survivors under this Act
shall, as minimum requirements for such services, provide, with the consent
of the sexual assault survivor, and as ordered by the attending
physician, an advanced practice registered nurse, or a physician assistant, the services set forth in subsection (a-5).A qualified medical provider must provide the services set forth in subsection (a-5).(a-5) A treatment hospital, a treatment hospital with approved pediatric transfer, or an approved pediatric health care facility shall provide the following services in accordance with subsection (a):(1) Appropriate medical forensic services without     delay, in a private, age-appropriate or developmentally-appropriate space, required to ensure the health, safety, and welfare of a sexual assault survivor and which may be used as evidence in a criminal proceeding against a person accused of the sexual assault, in a proceeding under the Juvenile Court Act of 1987, or in an investigation under the Abused and Neglected Child Reporting Act.Records of medical forensic services, including     results of examinations and tests, the Illinois State Police Medical Forensic Documentation Forms, the Illinois State Police Patient Discharge Materials, and the Illinois State Police Patient Consent: Collect and Test Evidence or Collect and Hold Evidence Form, shall be maintained by the hospital or approved pediatric health care facility as part of the patient's electronic medical record.Records of medical forensic services of sexual     assault survivors under the age of 18 shall be retained by the hospital for a period of 60 years after the sexual assault survivor reaches the age of 18. Records of medical forensic services of sexual assault survivors 18 years of age or older shall be retained by the hospital for a period of 20 years after the date the record was created.Records of medical forensic services may only be     disseminated in accordance with Section 6.5 of this Act and other State and federal law.(1.5) An offer to complete the Illinois Sexual     Assault Evidence Collection Kit for any sexual assault survivor who presents within a minimum of the last 7 days of the assault or who has disclosed past sexual assault by a specific individual and was in the care of that individual within a minimum of the last 7 days.(A) Appropriate oral and written information         concerning evidence-based guidelines for the appropriateness of evidence collection depending on the sexual development of the sexual assault survivor, the type of sexual assault, and the timing of the sexual assault shall be provided to the sexual assault survivor.  Evidence collection is encouraged for prepubescent sexual assault survivors who present to a hospital or approved pediatric health care facility with a complaint of sexual assault within a minimum of 96 hours after the sexual assault.The information required under this subparagraph         shall be provided in person by the qualified medical provider providing medical forensic services directly to the sexual assault survivor.The written information provided shall be the         information created in accordance with Section 10 of this Act.(B) Following the discussion regarding the         evidence-based guidelines for evidence collection in accordance with subparagraph (A), evidence collection must be completed at the sexual assault survivor's request.   A sexual assault nurse examiner conducting an examination using the Illinois State Police Sexual Assault Evidence Collection Kit may do so without the presence or participation of a physician.(2) Appropriate oral and written information     concerning the possibility of infection, sexually transmitted infection, including an evaluation of the sexual assault survivor's risk of contracting human immunodeficiency virus (HIV) from sexual assault, and pregnancy resulting from sexual assault.(3) Appropriate oral and written information     concerning accepted medical procedures, laboratory tests, medication, and possible contraindications of such medication available for the prevention or treatment of infection or disease resulting from sexual assault.(3.5) After a medical evidentiary or physical     examination, access to a shower at no cost, unless showering facilities are unavailable.(4) An amount of  medication, including HIV     prophylaxis, for treatment at the hospital or approved pediatric health care facility and after discharge as is deemed appropriate by the attending physician, an advanced practice registered nurse, or a physician assistant in accordance with the Centers for Disease Control and Prevention guidelines and consistent with the hospital's or approved pediatric health care facility's current approved protocol for sexual assault survivors.(5) Photo documentation of the sexual assault     survivor's injuries, anatomy involved in the assault, or other visible evidence on the sexual assault survivor's body to supplement the medical forensic history and written documentation of physical findings and evidence beginning July 1, 2019. Photo documentation does not replace written documentation of the injury.(6) Written and oral instructions indicating the need     for follow-up examinations and laboratory tests after the sexual assault to determine the presence or absence of sexually transmitted infection.(7) Referral by hospital or approved pediatric health     care facility personnel for appropriate counseling.(8) Medical advocacy services provided by a rape     crisis counselor whose communications are protected under Section 8-802.1 of the Code of Civil Procedure, if there is a memorandum of understanding  between the hospital or approved pediatric health care facility and a rape crisis center. With the consent of the sexual assault survivor, a rape crisis counselor shall remain in the exam room during the medical forensic examination.(9) Written information regarding services provided     by a Children's Advocacy Center and rape crisis center, if applicable.(10) A treatment hospital,  a treatment hospital with     approved pediatric transfer, an out-of-state hospital as defined in Section 5.4, or an approved pediatric health care facility shall comply with the rules relating to the collection and tracking of sexual assault evidence adopted by the Illinois State Police under Section 50 of the Sexual Assault Evidence Submission Act.(11) Written information regarding the Illinois State     Police sexual assault evidence tracking system.(a-7) Every hospital with a treatment plan approved by the Department shall employ or contract with a qualified medical provider to initiate medical forensic services to a sexual assault survivor within 90 minutes of the patient presenting to the treatment hospital or treatment hospital with approved pediatric transfer. The provision of medical forensic services by a qualified medical provider shall not delay the provision of life-saving medical care.(b) Any person who is a sexual assault survivor who seeks medical forensic services or follow-up healthcare

under this Act shall be provided such services without the consent
of any parent, guardian, custodian, surrogate, or agent. If a sexual assault survivor is unable to consent to medical forensic services, the services may be provided under the Consent by Minors to Health Care Services Act, the Health Care Surrogate Act, or other applicable State and federal laws.(b-5) Every hospital or approved pediatric health care facility providing medical forensic services to sexual assault survivors shall issue a voucher to any sexual assault survivor who is eligible to receive one in accordance with Section 5.2 of this Act.  The hospital shall make a copy of the voucher and place it in the medical record of the sexual assault survivor.  The hospital shall provide a copy of the voucher to the sexual assault survivor after discharge upon request.(c) Nothing in this Section creates a physician-patient relationship that extends beyond discharge from the hospital or approved pediatric health care facility.(d) This Section is effective on and after January 1, 2024. (Source: P.A. 101-81, eff. 7-12-19; 101-377, eff. 8-16-19; 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-538, eff. 8-20-21; 102-674, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1106, eff. 1-1-23.) (410 ILCS 70/5-1)(Text of Section from P.A. 102-1097)(Section scheduled to be repealed on December 31, 2023)Sec. 5-1. Minimum requirements for medical forensic services provided to sexual assault survivors by hospitals, approved pediatric health care facilities, and approved federally qualified health centers.(a) Every hospital, approved pediatric health care facility, and approved federally qualified health center providing medical forensic services to sexual assault survivors under this Act shall, as minimum requirements forsuch services, provide, with the consent of the sexual assault survivor, and as ordered by the attending physician, an advanced practice registered nurse, or a physician assistant, the services set forth in subsection (a-5).Beginning January 1, 2023, a qualified medical provider must provide the services set forth in subsection (a-5).(a-5) A treatment hospital, a treatment hospital with approved pediatric transfer, an approved pediatric health care facility, or an approved federally qualified health center shall provide the following services in accordance with subsection (a):(1) Appropriate medical forensic services without     delay, in a private, age-appropriate or developmentally-appropriate space, required to ensure the health, safety, and welfare of a sexual assault survivor and which may be used as evidence in a criminal proceeding against a person accused of the sexual assault, in a proceeding under the Juvenile Court Act of 1987, or in an investigation under the Abused and Neglected Child Reporting Act.Records of medical forensic services, including     results of examinations and tests, the Illinois State Police Medical Forensic Documentation Forms, the Illinois State Police Patient Discharge Materials, and the Illinois State Police Patient Consent: Collect and Test Evidence or Collect and Hold Evidence Form, shall be maintained by the hospital or approved pediatric health care facility as part of the patient's electronic medical record.Records of medical forensic services of sexual     assault survivors under the age of 18 shall be retained by the hospital for a period of 60 years after the sexual assault survivor reaches the age of 18. Records of medical forensic services of sexual assault survivors 18 years of age or older shall be retained by the hospital for a period of 20 years after the date the record was created.Records of medical forensic services may only be     disseminated in accordance with Section 6.5-1 of this Act and other State and federal law.(1.5) An offer to complete the Illinois Sexual     Assault Evidence Collection Kit for any sexual assault survivor who presents within a minimum of the last 7 days of the assault or who has disclosed past sexual assault by a specific individual and was in the care of that individual within a minimum of the last 7 days.(A) Appropriate oral and written information         concerning evidence-based guidelines for the appropriateness of evidence collection depending on the sexual development of the sexual assault survivor, the type of sexual assault, and the timing of the sexual assault shall be provided to the sexual assault survivor.  Evidence collection is encouraged for prepubescent sexual assault survivors who present to a hospital or approved pediatric health care facility with a complaint of sexual assault within a minimum of 96 hours after the sexual assault.Before January 1, 2023, the information required         under this subparagraph shall be provided in person by the health care professional providing medical forensic services directly to the sexual assault survivor.On and after January 1, 2023, the information         required under this subparagraph shall be provided in person by the qualified medical provider providing medical forensic services directly to the sexual assault survivor.The written information provided shall be the         information created in accordance with Section 10-1 of this Act.(B) Following the discussion regarding the         evidence-based guidelines for evidence collection in accordance with subparagraph (A), evidence collection must be completed at the sexual assault survivor's request.   A sexual assault nurse examiner conducting an examination using the Illinois State Police Sexual Assault Evidence Collection Kit may do so without the presence or participation of a physician.(2) Appropriate oral and written information     concerning the possibility of infection, sexually transmitted infection, including an evaluation of the sexual assault survivor's risk of contracting human immunodeficiency virus (HIV) from sexual assault, and pregnancy resulting from sexual assault.(3) Appropriate oral and written information     concerning accepted medical procedures, laboratory tests, medication, and possible contraindications of such medication available for the prevention or treatment of infection or disease resulting from sexual assault.(3.5) After a medical evidentiary or physical     examination, access to a shower at no cost, unless showering facilities are unavailable.(4) An amount of  medication, including HIV     prophylaxis, for treatment at the hospital, approved pediatric health care facility, or approved federally qualified health center and after discharge as is deemed appropriate by the attending physician, an advanced practice registered nurse, or a physician assistant in accordance with the Centers for Disease Control and Prevention guidelines and consistent with the hospital's or approved pediatric health care facility's current approved protocol for sexual assault survivors.(5) Photo documentation of the sexual assault     survivor's injuries, anatomy involved in the assault, or other visible evidence on the sexual assault survivor's body to supplement the medical forensic history and written documentation of physical findings and evidence beginning July 1, 2019. Photo documentation does not replace written documentation of the injury.(6) Written and oral instructions indicating the need     for follow-up examinations and laboratory tests after the sexual assault to determine the presence or absence of sexually transmitted infection.(7) Referral by hospital, approved pediatric health     care facility, or approved federally qualified health center personnel for appropriate counseling.(8) Medical advocacy services provided by a rape     crisis counselor whose communications are protected under Section 8-802.1 of the Code of Civil Procedure, if there is a memorandum of understanding  between the hospital, approved pediatric health care facility, or approved federally qualified health center and a rape crisis center. With the consent of the sexual assault survivor, a rape crisis counselor shall remain in the exam room during the medical forensic examination.(9) Written information regarding services provided     by a Children's Advocacy Center and rape crisis center, if applicable.(10) A treatment hospital,  a treatment hospital with     approved pediatric transfer, an out-of-state hospital as defined in Section 5.4, an approved pediatric health care facility, or an approved federally qualified health center shall comply with the rules relating to the collection and tracking of sexual assault evidence adopted by the Department of State Police under Section 50 of the Sexual Assault Evidence Submission Act.(11) Written information regarding the Illinois State     Police sexual assault evidence tracking system.(a-7) By January 1, 2023, every hospital with a treatment plan approved by the Department shall employ or contract with a qualified medical provider to initiate medical forensic services to a sexual assault survivor within 90 minutes of the patient presenting to the treatment hospital or treatment hospital with approved pediatric transfer. The provision of medical forensic services by a qualified medical provider shall not delay the provision of life-saving medical care.(a-10) Every federally qualified health center with a treatment plan approved by the Department shall employ or contract with a qualified medical provider to initiate medical forensic services to a sexual assault survivor within 90 minutes of the patient presenting to the federally qualified health center. The provision of medical forensic services by a qualified medical provider shall not delay the provision of life-saving medical care.(b) Any person who is a sexual assault survivor who seeks medical forensic services or follow-up healthcare

under this Act shall be provided such services without the consent
of any parent, guardian, custodian, surrogate, or agent. If a sexual assault survivor is unable to consent to medical forensic services, the services may be provided under the Consent by Minors to Medical Procedures Act, the Health Care Surrogate Act, or other applicable State and federal laws.(b-5) Every hospital, approved pediatric health care facility, or approved federally qualified health center providing medical forensic services to sexual assault survivors shall issue a voucher to any sexual assault survivor who is eligible to receive one in accordance with Section 5.2-1 of this Act. The hospital, approved pediatric health care facility, or approved federally qualified health center shall make a copy of the voucher and place it in the medical record of the sexual assault survivor. The hospital, approved pediatric health care facility, or approved federallyqualified health center shall provide a copy of the voucher to the sexual assault survivor after discharge upon request.(c) Nothing in this Section creates a physician-patient relationship that extends beyond discharge from the hospital, or approved pediatric health care facility, or approved federally qualified health center.(d) This Section is repealed on December 31, 2023.
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1097, eff. 6-16-22.)(Text of Section from P.A. 102-1106)(Section scheduled to be repealed on December 31, 2023)Sec. 5-1. Minimum requirements for medical forensic services provided to sexual assault survivors by hospitals, approved pediatric health care facilities, and approved federally qualified health centers.(a) Every hospital, approved pediatric health care facility, and approved federally qualified health center providing medical forensic services to sexual assault survivors under this Act shall, as minimum requirements forsuch services, provide, with the consent of the sexual assault survivor, and as ordered by the attending physician, an advanced practice registered nurse, or a physician assistant, the services set forth in subsection (a-5).Beginning January 1, 2023, a qualified medical provider must provide the services set forth in subsection (a-5).(a-5) A treatment hospital, a treatment hospital with approved pediatric transfer, or an approved pediatric health care facility, or an approved federally qualified health center shall provide the following services in accordance with subsection (a):(1) Appropriate medical forensic services without     delay, in a private, age-appropriate or developmentally-appropriate space, required to ensure the health, safety, and welfare of a sexual assault survivor and which may be used as evidence in a criminal proceeding against a person accused of the sexual assault, in a proceeding under the Juvenile Court Act of 1987, or in an investigation under the Abused and Neglected Child Reporting Act.Records of medical forensic services, including     results of examinations and tests, the Illinois State Police Medical Forensic Documentation Forms, the Illinois State Police Patient Discharge Materials, and the Illinois State Police Patient Consent: Collect and Test Evidence or Collect and Hold Evidence Form, shall be maintained by the hospital or approved pediatric health care facility as part of the patient's electronic medical record.Records of medical forensic services of sexual     assault survivors under the age of 18 shall be retained by the hospital for a period of 60 years after the sexual assault survivor reaches the age of 18. Records of medical forensic services of sexual assault survivors 18 years of age or older shall be retained by the hospital for a period of 20 years after the date the record was created.Records of medical forensic services may only be     disseminated in accordance with Section 6.5-1 of this Act and other State and federal law.(1.5) An offer to complete the Illinois Sexual     Assault Evidence Collection Kit for any sexual assault survivor who presents within a minimum of the last 7 days of the assault or who has disclosed past sexual assault by a specific individual and was in the care of that individual within a minimum of the last 7 days.(A) Appropriate oral and written information         concerning evidence-based guidelines for the appropriateness of evidence collection depending on the sexual development of the sexual assault survivor, the type of sexual assault, and the timing of the sexual assault shall be provided to the sexual assault survivor.  Evidence collection is encouraged for prepubescent sexual assault survivors who present to a hospital or approved pediatric health care facility with a complaint of sexual assault within a minimum of 96 hours after the sexual assault.Before January 1, 2023, the information required         under this subparagraph shall be provided in person by the health care professional providing medical forensic services directly to the sexual assault survivor.On and after January 1, 2023, the information         required under this subparagraph shall be provided in person by the qualified medical provider providing medical forensic services directly to the sexual assault survivor.The written information provided shall be the         information created in accordance with Section 10-1 of this Act.(B) Following the discussion regarding the         evidence-based guidelines for evidence collection in accordance with subparagraph (A), evidence collection must be completed at the sexual assault survivor's request.   A sexual assault nurse examiner conducting an examination using the Illinois State Police Sexual Assault Evidence Collection Kit may do so without the presence or participation of a physician.(2) Appropriate oral and written information     concerning the possibility of infection, sexually transmitted infection, including an evaluation of the sexual assault survivor's risk of contracting human immunodeficiency virus (HIV) from sexual assault, and pregnancy resulting from sexual assault.(3) Appropriate oral and written information     concerning accepted medical procedures, laboratory tests, medication, and possible contraindications of such medication available for the prevention or treatment of infection or disease resulting from sexual assault.(3.5) After a medical evidentiary or physical     examination, access to a shower at no cost, unless showering facilities are unavailable.(4) An amount of  medication, including HIV     prophylaxis, for treatment at the hospital or approved pediatric health care facility and after discharge as is deemed appropriate by the attending physician, an advanced practice registered nurse, or a physician assistant in accordance with the Centers for Disease Control and Prevention guidelines and consistent with the hospital's or approved pediatric health care facility's current approved protocol for sexual assault survivors.(5) Photo documentation of the sexual assault     survivor's injuries, anatomy involved in the assault, or other visible evidence on the sexual assault survivor's body to supplement the medical forensic history and written documentation of physical findings and evidence beginning July 1, 2019. Photo documentation does not replace written documentation of the injury.(6) Written and oral instructions indicating the need     for follow-up examinations and laboratory tests after the sexual assault to determine the presence or absence of sexually transmitted infection.(7) Referral by hospital or approved pediatric health     care facility personnel for appropriate counseling.(8) Medical advocacy services provided by a rape     crisis counselor whose communications are protected under Section 8-802.1 of the Code of Civil Procedure, if there is a memorandum of understanding  between the hospital or approved pediatric health care facility and a rape crisis center. With the consent of the sexual assault survivor, a rape crisis counselor shall remain in the exam room during the medical forensic examination.(9) Written information regarding services provided     by a Children's Advocacy Center and rape crisis center, if applicable.(10) A treatment hospital,  a treatment hospital with     approved pediatric transfer, an out-of-state hospital as defined in Section 5.4, or an approved pediatric health care facility shall comply with the rules relating to the collection and tracking of sexual assault evidence adopted by the Department of State Police under Section 50 of the Sexual Assault Evidence Submission Act.(11) Written information regarding the Illinois State     Police sexual assault evidence tracking system.(a-7) By January 1, 2023, every hospital with a treatment plan approved by the Department shall employ or contract with a qualified medical provider to initiate medical forensic services to a sexual assault survivor within 90 minutes of the patient presenting to the treatment hospital or treatment hospital with approved pediatric transfer. The provision of medical forensic services by a qualified medical provider shall not delay the provision of life-saving medical care.(b) Any person who is a sexual assault survivor who seeks medical forensic services or follow-up healthcare

under this Act shall be provided such services without the consent
of any parent, guardian, custodian, surrogate, or agent. If a sexual assault survivor is unable to consent to medical forensic services, the services may be provided under the Consent by Minors to Health Care Services Act, the Health Care Surrogate Act, or other applicable State and federal laws.(b-5) Every hospital, approved pediatric health care facility, or approved federally qualified health center providing medical forensic services to sexual assault survivors shall issue a voucher to any sexual assault survivor who is eligible to receive one in accordance with Section 5.2-1 of this Act. The hospital, approved pediatric health care facility, or approved federally qualified health center shall make a copy of the voucher and place it in the medical record of the sexual assault survivor. The hospital, approved pediatric health care facility, or approved federallyqualified health center shall provide a copy of the voucher to the sexual assault survivor after discharge upon request.(c) Nothing in this Section creates a physician-patient relationship that extends beyond discharge from the hospital, or approved pediatric health care facility, or approved federally qualified health center.(d) This Section is repealed on December 31, 2023.
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1106, eff. 1-1-23.) (410 ILCS 70/5.1)Sec. 5.1. Storage, retention, and dissemination of photo documentation relating to medical forensic services.(a) Photo documentation taken during a medical forensic examination shall be maintained by the hospital or approved pediatric health care facility as part of the patient's medical record.Photo documentation shall be stored and backed up securely in its original file format in accordance with facility protocol.  The facility protocol shall require limited access to the images and be included in the sexual assault treatment plan submitted to the Department.Photo documentation of a sexual assault survivor under the age of 18 shall be retained for a period of 60 years after the sexual assault survivor reaches the age of 18. Photo documentation of a sexual assault survivor 18 years of age or older shall be retained for a period of 20 years after the record was created.Photo documentation of the sexual assault survivor's injuries, anatomy involved in the assault, or other visible evidence on the sexual assault survivor's body may be used for peer review, expert second opinion, or in a criminal proceeding against a person accused of sexual assault, a proceeding under the Juvenile Court Act of 1987, or in an investigation under the Abused and Neglected Child Reporting Act. Any dissemination of photo documentation, including for peer review, an expert second opinion, or in any court or administrative proceeding or investigation, must be in accordance with State and federal law.(b) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/5.1-1)(Section scheduled to be repealed on December 31, 2023)Sec. 5.1-1. Storage, retention, and dissemination of photo documentation relating to medical forensic services.(a) Photo documentation taken during a medical forensic examination shall be maintained by the hospital, approved pediatric health care facility, or approved federally qualified health center as part of the patient's medical record.Photo documentation shall be stored and backed up securely in its original file format in accordance with facility protocol.  The facility protocol shall require limited access to the images and be included in the sexual assault treatment plan submitted to the Department.Photo documentation of a sexual assault survivor under the age of 18 shall be retained for a period of 60 years after the sexual assault survivor reaches the age of 18. Photo documentation of a sexual assault survivor 18 years of age or older shall be retained for a period of 20 years after the record was created.Photo documentation of the sexual assault survivor's injuries, anatomy involved in the assault, or other visible evidence on the sexual assault survivor's body may be used for peer review, expert second opinion, or in a criminal proceeding against a person accused of sexual assault, a proceeding under the Juvenile Court Act of 1987, or in an investigation under the Abused and Neglected Child Reporting Act. Any dissemination of photo documentation, including for peer review, an expert second opinion, or in any court or administrative proceeding or investigation, must be in accordance with State and federal law.(b) This Section is repealed on December 31, 2023. 
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/5.2)Sec. 5.2. Sexual assault services voucher.(a) A sexual assault services voucher shall be issued by a treatment hospital, treatment hospital with approved pediatric transfer, or approved pediatric health care facility at the time a sexual assault survivor receives medical forensic services.(b) Each treatment hospital, treatment hospital with approved pediatric transfer, and approved pediatric health care facility must include in its sexual assault treatment plan submitted to the Department in accordance with Section 2 of this Act a protocol for issuing sexual assault services vouchers.  The protocol shall, at a minimum, include the following:(1) Identification of employee positions responsible     for issuing sexual assault services vouchers.(2) Identification of employee positions with access     to the Medical Electronic Data Interchange or successor system.(3)  A statement to be signed by each employee of an     approved pediatric health care facility with access to the Medical Electronic Data Interchange or successor system affirming that the Medical Electronic Data Interchange or successor system will only be used for the purpose of issuing sexual assault services vouchers.(c) A sexual assault services voucher may be used to seek payment for any ambulance services, medical forensic services, laboratory services, pharmacy services, and follow-up healthcare provided as a result of the sexual assault.(d) Any treatment hospital, treatment hospital with approved pediatric transfer, approved pediatric health care facility, health care professional, ambulance provider, laboratory, or pharmacy may submit a bill for services provided to a sexual assault survivor as a result of a sexual assault to the Department of Healthcare and Family Services Sexual Assault Emergency Treatment Program. The bill shall include:(1) the name and date of birth of the sexual assault     survivor;(2) the service provided;(3) the charge of service;(4) the date the service was provided; and(5) the recipient identification number, if known.A health care professional, ambulance provider, laboratory, or pharmacy is not required to submit a copy of the sexual assault services voucher.The Department of Healthcare and Family Services Sexual Assault Emergency Treatment Program shall electronically verify, using the Medical Electronic Data Interchange or a successor system, that a sexual assault services voucher was issued to a sexual assault survivor prior to issuing payment for the services.If a sexual assault services voucher was not issued to a sexual assault survivor by the treatment hospital, treatment hospital with approved pediatric transfer, or approved pediatric health care facility, then a health care professional, ambulance provider, laboratory, or pharmacy may submit a request to the Department of Healthcare and Family Services Sexual Assault Emergency Treatment Program to issue a sexual assault services voucher.(e) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/5.2-1)(Section scheduled to be repealed on December 31, 2023)Sec. 5.2-1. Sexual assault services voucher.(a) A sexual assault services voucher shall be issued by a treatment hospital, treatment hospital with approved pediatric transfer, approved pediatric health care facility, or approved federally qualified health center at the time a sexual assault survivor receives medical forensic services.(b) Each treatment hospital, treatment hospital with approved pediatric transfer, approved pediatric health care facility, and approved federally qualified health center must include in its sexual assault treatment plan submitted tothe Department in accordance with Section 2-1 of this Act a protocol for issuing sexual assault services vouchers. The protocol shall, at a minimum, include the following:(1) Identification of employee positions responsible     for issuing sexual assault services vouchers.(2) Identification of employee positions with access     to the Medical Electronic Data Interchange or successor system.(3) A statement to be signed by each employee of an     approved pediatric health care facility or approved federally qualified health center with access to the Medical Electronic Data Interchange or successor system affirming that the Medical Electronic Data Interchange or successor system will only be used for the purpose of issuing sexual assault services vouchers.(c) A sexual assault services voucher may be used to seek payment for any ambulance services, medical forensic services, laboratory services, pharmacy services, and follow-up healthcare provided as a result of the sexual assault.(d) Any treatment hospital, treatment hospital with approved pediatric transfer, approved pediatric health care facility, approved federally qualified health center, health care professional, ambulance provider, laboratory, or pharmacy may submit a bill for services provided to a sexual assault survivor as a result of a sexual assault to the Department of Healthcare and Family Services Sexual Assault EmergencyTreatment Program. The bill shall include:(1) the name and date of birth of the sexual assault     survivor;(2) the service provided;(3) the charge of service;(4) the date the service was provided; and(5) the recipient identification number, if known.A health care professional, ambulance provider, laboratory, or pharmacy is not required to submit a copy of the sexual assault services voucher.The Department of Healthcare and Family Services Sexual Assault Emergency Treatment Program shall electronically verify, using the Medical Electronic Data Interchange or a successor system, that a sexual assault services voucher was issued to a sexual assault survivor prior to issuing payment for the services.If a sexual assault services voucher was not issued to a sexual assault survivor by the treatment hospital, treatment hospital with approved pediatric transfer, approved pediatric health care facility, or approved federally qualified health center, then a health care professional, ambulance provider, laboratory, or pharmacy may submit a request to the Department of Healthcare and Family Services Sexual Assault Emergency Treatment Program to issue a sexual assault services voucher.(e) This Section is repealed on December 31, 2023. 
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/5.3)Sec. 5.3. Pediatric sexual assault care.(a) The General Assembly finds:(1) Pediatric sexual assault survivors can suffer     from a wide range of health problems across their life span. In addition to immediate health issues, such as sexually transmitted infections, physical injuries, and psychological trauma, child sexual abuse victims are at greater risk for a plethora of adverse psychological and somatic problems into adulthood in contrast to those who were not sexually abused.(2) Sexual abuse against the pediatric population is     distinct, particularly due to their dependence on their caregivers and the ability of perpetrators to manipulate and silence them (especially when the perpetrators are family members or other adults trusted by, or with power over, children). Sexual abuse is often hidden by perpetrators, unwitnessed by others, and may leave no obvious physical signs on child victims.(3)  Pediatric sexual assault survivors throughout     the State should have access to qualified medical providers who have received specialized training regarding the care of pediatric sexual assault survivors within a reasonable distance from their home.(4) There is a need in Illinois to increase the     number of qualified medical providers available to provide medical forensic services to pediatric sexual assault survivors.(b) If a medically stable pediatric sexual assault survivor presents at a transfer hospital or treatment hospital with approved pediatric transfer that has a plan approved by the Department requesting medical forensic services, then the hospital emergency department staff shall contact an approved pediatric health care facility, if one is designated in the hospital's plan.If the transferring hospital confirms that medical forensic services can be initiated within 90 minutes of the patient's arrival at the approved pediatric health care facility following an immediate transfer, then the hospital emergency department staff shall notify the patient and non-offending parent or legal guardian that the patient will be transferred for medical forensic services and shall provide the patient and non-offending parent or legal guardian the option of being transferred to the approved pediatric health care facility or the treatment hospital designated in the hospital's plan.  The pediatric sexual assault survivor may be transported by ambulance, law enforcement, or personal vehicle.If medical forensic services cannot be initiated within 90 minutes of the patient's arrival at the approved pediatric health care facility,  there is no approved pediatric health care facility designated in the hospital's plan, or the patient or non-offending parent or legal guardian chooses to be transferred to a treatment hospital, the hospital emergency department staff shall contact a treatment hospital designated in the hospital's plan to arrange for the transfer of the patient to the treatment hospital for medical forensic services, which are to be initiated within 90 minutes of the patient's arrival at the treatment hospital.  The treatment hospital shall provide medical forensic services and may not transfer the patient to another facility.  The pediatric  sexual assault survivor may be transported by ambulance, law enforcement, or personal vehicle.(c) If a medically stable pediatric sexual assault survivor presents at a treatment hospital that has a plan approved by the Department requesting medical forensic services, then the hospital emergency department staff shall contact an approved pediatric health care facility, if one is designated in the treatment hospital's areawide treatment plan.If medical forensic services can be initiated within 90 minutes after the patient's arrival at the approved pediatric health care facility following an immediate transfer, the hospital emergency department staff shall provide the patient and non-offending parent or legal guardian the option of having medical forensic services performed at the treatment hospital or at the approved pediatric health care facility.  If the patient or non-offending parent or legal guardian chooses to be transferred, the pediatric sexual assault survivor may be transported by ambulance, law enforcement, or personal vehicle.If medical forensic services cannot be initiated within 90 minutes after the patient's arrival to the approved pediatric health care facility, there is no approved pediatric health care facility designated in the hospital's plan, or the patient or non-offending parent or legal guardian chooses not to be transferred, the hospital shall provide medical forensic services to the patient.(d) If a pediatric sexual assault survivor presents at an approved pediatric health care facility requesting medical forensic services or the facility is contacted by law enforcement or the Department of Children and Family Services requesting medical forensic services for a pediatric sexual assault survivor, the services shall be provided at the facility if the medical forensic services can be initiated within 90 minutes after the patient's arrival at the facility.  If medical forensic services cannot be initiated within 90 minutes after the patient's arrival at the facility, then the patient shall be transferred to a treatment hospital designated in the approved pediatric health care facility's plan for medical forensic services.  The pediatric sexual assault survivor may be transported by ambulance, law enforcement, or personal vehicle.(e) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/5.3-1)(Section scheduled to be repealed on December 31, 2023)Sec. 5.3-1. Pediatric sexual assault care.(a) The General Assembly finds:(1) Pediatric sexual assault survivors can suffer     from a wide range of health problems across their life span. In addition to immediate health issues, such as sexually transmitted infections, physical injuries, and psychological trauma, child sexual abuse victims are at greater risk for a plethora of adverse psychological and somatic problems into adulthood in contrast to those who were not sexually abused.(2) Sexual abuse against the pediatric population is     distinct, particularly due to their dependence on their caregivers and the ability of perpetrators to manipulate and silence them (especially when the perpetrators are family members or other adults trusted by, or with power over, children). Sexual abuse is often hidden by perpetrators, unwitnessed by others, and may leave no obvious physical signs on child victims.(3)  Pediatric sexual assault survivors throughout     the State should have access to qualified medical providers who have received specialized training regarding the care of pediatric sexual assault survivors within a reasonable distance from their home.(4) There is a need in Illinois to increase the     number of qualified medical providers available to provide medical forensic services to pediatric sexual assault survivors.(b) If a medically stable pediatric sexual assault survivor presents at a transfer hospital, treatment hospital with approved pediatric transfer, or an approved federally qualified health center that has a plan approved by the Department requesting medical forensic services, then the hospital emergency department staff or approved federally qualified health center staff shall contact an approved pediatric health care facility, if one is designated in the hospital's or an approved federally qualified health center's plan.If the transferring hospital or approved federally qualified health center confirms that medical forensic services can be initiated within 90 minutes of the patient's arrival at the approved pediatric health care facility following an immediate transfer, then the hospital emergency department or approved federally qualified health center staff shall notify the patient and non-offending parent or legal guardian that the patient will be transferred for medical forensic services and shall provide the patient and non-offending parent or legal guardian the option of being transferred to the approved pediatric health care facility or the treatment hospital designated in the hospital's or approved federally qualified health center's plan. The pediatric sexualassault survivor may be transported by ambulance, law enforcement, or personal vehicle.If medical forensic services cannot be initiated within 90 minutes of the patient's arrival at the approved pediatric health care facility, there is no approved pediatric health care facility designated in the hospital's or approved federally qualified health center's plan, or the patient or non-offending parent or legal guardian chooses to be transferred to a treatment hospital, the hospital emergency department or approved federally qualified health center staff shall contact a treatment hospital designated in the hospital's or approved federally qualified health center's plan to arrange for the transfer of the patient to the treatment hospital for medical forensic services, which are to be initiated within 90 minutes of the patient's arrival at the treatment hospital. The treatment hospital shall provide medical forensic services and may not transfer the patient to another facility. The pediatric sexual assault survivor may be transported by ambulance, law enforcement, or personal vehicle.(c) If a medically stable pediatric sexual assault survivor presents at a treatment hospital that has a plan approved by the Department requesting medical forensic services, then the hospital emergency department staff shall contact an approved pediatric health care facility, if one is designated in the treatment hospital's areawide treatment plan.If medical forensic services can be initiated within 90 minutes after the patient's arrival at the approved pediatric health care facility following an immediate transfer, the hospital emergency department staff shall provide the patient and non-offending parent or legal guardian the option of having medical forensic services performed at the treatment hospital or at the approved pediatric health care facility.  If the patient or non-offending parent or legal guardian chooses to be transferred, the pediatric sexual assault survivor may be transported by ambulance, law enforcement, or personal vehicle.If medical forensic services cannot be initiated within 90 minutes after the patient's arrival to the approved pediatric health care facility, there is no approved pediatric health care facility designated in the hospital's plan, or the patient or non-offending parent or legal guardian chooses not to be transferred, the hospital shall provide medical forensic services to the patient.(d) If a pediatric sexual assault survivor presents at an approved pediatric health care facility requesting medical forensic services or the facility is contacted by law enforcement or the Department of Children and Family Services requesting medical forensic services for a pediatric sexual assault survivor, the services shall be provided at the facility if the medical forensic services can be initiated within 90 minutes after the patient's arrival at the facility.  If medical forensic services cannot be initiated within 90 minutes after the patient's arrival at the facility, then the patient shall be transferred to a treatment hospital designated in the approved pediatric health care facility's plan for medical forensic services.  The pediatric sexual assault survivor may be transported by ambulance, law enforcement, or personal vehicle.(e) This Section is repealed on December 31, 2023. 
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/5.4)(Text of Section from P.A. 102-1097)Sec. 5.4. Out-of-state hospitals.(a) Nothing in this Section shall prohibit the transfer of a patient in need of medical services from a hospital that has been designated as a trauma center by the Department in accordance with Section 3.90 of the Emergency Medical Services (EMS) Systems Act.(b) A transfer hospital, treatment hospital with approved pediatric transfer, or approved  pediatric health care facility may transfer a sexual assault survivor to an out-of-state hospital that has been designated as a trauma center by the Department under Section 3.90 of the Emergency Medical Services (EMS) Systems Act if the out-of-state hospital: (1) submits an areawide treatment plan approved by the Department; and (2) has certified the following to the Department in a form and manner prescribed by the Department that the out-of-state hospital will:(i) consent to the jurisdiction of the Department in     accordance with Section 2.06 of this Act;(ii) comply with all requirements of this Act     applicable to treatment hospitals, including, but not limited to, offering evidence collection to any Illinois sexual assault survivor who presents with a complaint of sexual assault within a minimum of the last 7 days or who has disclosed past sexual assault by a specific individual and was in the care of that individual within a minimum of the last 7 days and not billing the sexual assault survivor for medical forensic services or 180 days of follow-up healthcare;(iii) use an Illinois State Police Sexual Assault     Evidence Collection Kit to collect forensic evidence from an Illinois sexual assault survivor;(iv) ensure its staff cooperates with Illinois law     enforcement agencies and are responsive to subpoenas issued by Illinois courts; and(v) provide appropriate transportation upon the     completion of medical forensic services back to the transfer hospital or treatment hospital with pediatric transfer where the sexual assault survivor initially presented seeking medical forensic services, unless the sexual assault survivor chooses to arrange his or her own transportation.(c) Subsection (b) of this Section is inoperative on and after January 1, 2024. 
(Source: P.A. 102-1097, eff. 1-1-23.)(Text of Section from P.A. 102-1106)Sec. 5.4. Out-of-state hospitals.(a) Nothing in this Section shall prohibit the transfer of a patient in need of medical services from a hospital that has been designated as a trauma center by the Department in accordance with Section 3.90 of the Emergency Medical Services (EMS) Systems Act.(b) A transfer hospital, treatment hospital with approved pediatric transfer, or approved  pediatric health care facility may transfer a sexual assault survivor to an out-of-state hospital that is located in a county that borders Illinois if the out-of-state hospital: (1) submits an areawide treatment plan approved by the Department; and (2) has certified the following to the Department in a form and manner prescribed by the Department that the out-of-state hospital will:(i) consent to the jurisdiction of the Department in     accordance with Section 2.06 of this Act;(ii) comply with all requirements of this Act     applicable to treatment hospitals, including, but not limited to, offering evidence collection to any Illinois sexual assault survivor  who presents with a complaint of sexual assault within a minimum of the last 7 days or who has disclosed past sexual assault by a specific individual and was in the care of that individual within a minimum of the last 7 days and not billing the sexual assault survivor for medical forensic services or 90 days of follow-up healthcare;(iii) use an Illinois State Police Sexual Assault     Evidence Collection Kit to collect forensic evidence from an Illinois sexual assault survivor;(iv) ensure its staff cooperates with Illinois law     enforcement agencies and are responsive to subpoenas issued by Illinois courts; and(v) provide appropriate transportation upon the     completion of medical forensic services back to the transfer hospital or treatment hospital with pediatric transfer where the sexual assault survivor initially presented seeking medical forensic services, unless the sexual assault survivor chooses to arrange his or her own transportation.(c) Subsection (b) of this Section is inoperative on and after January 1, 2029. 
(Source: P.A. 102-1106, eff. 1-1-23.) (410 ILCS 70/5.5)Sec. 5.5. Minimum reimbursement requirements for follow-up healthcare.(a) Every hospital, pediatric health care facility, health care professional, laboratory, or pharmacy that provides follow-up healthcare to a sexual assault survivor,  with the consent of the sexual assault survivor and as ordered by the attending physician, an advanced practice registered nurse, or physician assistant shall be reimbursed for the follow-up healthcare services provided.  Follow-up healthcare services include, but are not limited to, the following:(1) a physical examination;(2) laboratory tests to determine the presence or     absence of sexually transmitted infection; and(3) appropriate medications, including HIV     prophylaxis, in accordance with the Centers for Disease Control and Prevention's guidelines.(b) Reimbursable follow-up healthcare is limited to office visits with a physician, advanced practice registered nurse, or physician assistant within 180 days after an initial visit for hospital medical forensic services.(c) Nothing in this Section requires a hospital, pediatric health care facility, health care professional, laboratory, or pharmacy to provide follow-up healthcare to a sexual assault survivor.(d) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1097, eff. 1-1-23.) (410 ILCS 70/5.5-1)(Section scheduled to be repealed on December 31, 2023)Sec. 5.5-1. Minimum reimbursement requirements for follow-up healthcare.(a) Every hospital, pediatric health care facility, federally qualified health center, health care professional, laboratory, or pharmacy that provides follow-up healthcare to a sexual assault survivor, with the consent of the sexual assault survivor and as ordered by the attending physician, an advanced practice registered nurse, or physician assistant shall be reimbursed for the follow-up healthcare services provided. Follow-up healthcare services include, but are not limited to, the following:(1) a physical examination;(2) laboratory tests to determine the presence or     absence of sexually transmitted infection; and(3) appropriate medications, including HIV     prophylaxis, in accordance with the Centers for Disease Control and Prevention's guidelines.(b) Reimbursable follow-up healthcare is limited to office visits with a physician, advanced practice registered nurse, or physician assistant within 180 days after an initial visit for hospital medical forensic services.(c) Nothing in this Section requires a hospital, pediatric health care facility, federally qualified health center, health care professional, laboratory, or pharmacy to provide follow-up healthcare to a sexual assault survivor.(d) This Section is repealed on December 31, 2023. 
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1097, eff. 1-1-23.) (410 ILCS 70/6)Sec. 6. (Repealed).
	 
	 (Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 95-432, eff. 1-1-08.) (410 ILCS 70/6.1) (from Ch. 111 1/2, par. 87-6.1)Sec. 6.1. Minimum standards.(a) The Department shall

prescribe minimum standards, rules, and
regulations necessary
to implement this Act and the changes made by this amendatory Act of the 100th General Assembly, which shall apply to every hospital
required to be licensed by the Department that provides general medical and surgical hospital services and to every approved pediatric health care facility.
Such standards shall include, but not be limited to, a
uniform system for recording results of medical examinations
and all diagnostic tests performed in connection therewith to
determine the condition and necessary treatment of
sexual assault survivors, which results shall be preserved in a
confidential manner as part of the hospital's or approved pediatric health care facility's record of the sexual assault survivor.(b) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/6.1-1)(Section scheduled to be repealed on December 31, 2023)Sec. 6.1-1. Minimum standards.(a) The Department shall prescribe minimum standards, rules, and regulations necessary to implement this Act and the changes made by this amendatory Act of the 101st General Assembly, which shall apply to every hospital required to be licensed by the Department that provides general medical and surgical hospital services and to every approved pediatric health care facility and approved federally qualified health center. Such standards shall include, but not be limited to, a uniform system for recording results of medical examinations and all diagnostic tests performed in connection therewith to determine the condition and necessary treatment of sexual assault survivors, which results shall be preserved in a confidential manner as part of the hospital's, approved pediatric health care facility's,or approved federally qualified health center's record of the sexual assault survivor.(b) This Section is repealed on December 31, 2023. 
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/6.2) (from Ch. 111 1/2, par. 87-6.2)Sec. 6.2. Assistance and grants.(a) The Department shall

assist in the development and operation
of programs which provide medical forensic services to sexual assault
survivors, and, where necessary, to provide grants to hospitals and approved pediatric health care facilities for
this purpose.(b) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/6.2-1)(Section scheduled to be repealed on December 31, 2023)Sec. 6.2-1. Assistance and grants.(a) The Department shall assist in the development and operation of programs which provide medical forensic services to sexual assault survivors, and, where necessary, to provide grants to hospitals, approved pediatric health care facilities, and approved federally qualified health centers for this purpose.(b) This Section is repealed on December 31, 2023. 
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/6.3)Sec. 6.3. (Repealed).
	 
	 (Source: P.A. 85-577. Repealed by P.A. 95-432, eff. 1-1-08.) (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)Sec. 6.4. Sexual assault evidence collection program.(a) There is created a statewide sexual assault evidence collection program
to facilitate the prosecution of persons accused of sexual assault.  This
program shall be administered by the Illinois
State Police.  The program shall
consist of the following:  (1) distribution of sexual assault evidence
collection kits which have been approved by the Illinois
State Police to hospitals and approved pediatric health care facilities that request them, or arranging for
such distribution by the manufacturer of the kits, (2) collection of the kits
from hospitals and approved pediatric health care facilities after the kits have been  used to collect
evidence, (3) analysis of the collected evidence and conducting of laboratory
tests, (4) maintaining the chain of custody and safekeeping of the evidence
for use in a legal proceeding, and (5) the comparison of the collected evidence with the genetic marker grouping analysis information maintained by the Illinois State Police under Section 5-4-3 of the Unified Code of Corrections and with the information contained in the Federal Bureau of Investigation's National DNA database; provided the amount and quality of genetic marker grouping results obtained from the evidence in the sexual assault case meets the requirements of both the Illinois State Police and the Federal Bureau of Investigation's Combined DNA Index System (CODIS) policies.  The standardized evidence collection kit for
the State of Illinois shall be the Illinois State Police Sexual Assault Evidence Kit and shall include a written consent form authorizing law enforcement to test the sexual assault evidence and to provide law enforcement with details of the sexual assault.(a-5) (Blank).(b) The Illinois State Police shall administer a program to train hospital and approved pediatric health care facility personnel participating in the sexual assault evidence collection
program, in the correct use and application of the sexual assault evidence
collection kits.  The Department
shall
cooperate with the Illinois State Police in this
program as it pertains to medical aspects of the evidence collection.(c) (Blank).(d) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-538, eff. 8-20-21; 102-674, eff. 11-30-21; 102-813, eff. 5-13-22.) (410 ILCS 70/6.4-1)(Section scheduled to be repealed on December 31, 2023)Sec. 6.4-1. Sexual assault evidence collection program.(a) There is created a statewide sexual assault evidence collection program to facilitate the prosecution of persons accused of sexual assault. This program shall be administered by the Illinois State Police. The program shall consist of the following: (1) distribution of sexual assault evidence collection kits which have been approved by the Illinois State Police to hospitals, approved pediatric health care facilities, and approved federally qualified health centers that request them, or arranging for such distribution by the manufacturer of the kits, (2) collection of the kits from hospitals and approved pediatric health care facilities afterthe kits have been used to collect evidence, (3) analysis of the collected evidence and conducting of laboratory tests, (4) maintaining the chain of custody and safekeeping of the evidence for use in a legal proceeding, and (5) the comparison of the collected evidence with the genetic marker grouping analysis information maintained by the Department of State Police under Section 5-4-3 of the Unified Code of Corrections and with the information contained in the Federal Bureau of Investigation's National DNA database; provided the amount and quality of genetic marker grouping results obtained from the evidence in the sexual assault case meets the requirements of both the Department of State Police and the Federal Bureau of Investigation's Combined DNA Index System (CODIS) policies. The standardized evidence collection kit for the State of Illinois shall be the Illinois State Police Sexual Assault Evidence Kit and shall include a written consent form authorizing law enforcement to test the sexual assault evidence and to provide law enforcement with details of the sexual assault.(a-5) (Blank).(b) The Illinois State Police shall administer a program to train hospital, and approved pediatric health care facility, and approved federally qualified health center personnel participating in the sexual assault evidence collection program, in the correct use and application of the sexual assault evidence collection kits. The Department shallcooperate with the Illinois State Police in this program as it pertains to medical aspects of the evidence collection.(c) (Blank).(d) This Section is repealed on December 31, 2023. 
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/6.5)Sec. 6.5. Written consent to the release of sexual assault evidence for testing.(a) Upon the completion of medical forensic services, the health care professional providing the medical forensic services shall provide the patient the opportunity to sign a written consent to allow law enforcement to submit the sexual assault evidence for testing, if collected.  The written consent shall be on a form included in the sexual assault evidence collection kit and posted on the Illinois State Police website.  The consent form shall include whether the survivor consents to the release of information about the sexual assault to law enforcement.(1) A survivor 13 years of age or older may sign the     written consent to release the evidence for testing.(2) If the survivor is a minor who is under 13 years     of age, the written consent to release the sexual assault evidence for testing may be signed by the parent, guardian, investigating law enforcement officer, or Department of Children and Family Services.(3) If the survivor is an adult who has a guardian of     the person, a health care surrogate, or an agent acting under a health care power of attorney, the consent of the guardian, surrogate, or agent is not required to release evidence and information concerning the sexual assault or sexual abuse. If the adult is unable to provide consent for the release of evidence and information and a guardian, surrogate, or agent under a health care power of attorney is unavailable or unwilling to release the information, then an investigating law enforcement officer may authorize the release.(4) Any health care professional or health care     institution, including any hospital or approved pediatric health care facility, who provides evidence or information to a law enforcement officer under a written consent as specified in this Section is immune from any civil or professional liability that might arise from those actions, with the exception of willful or wanton misconduct. The immunity provision applies only if all of the requirements of this Section are met.(b) The hospital or approved pediatric health care facility shall keep a copy of a signed or unsigned written consent form in the patient's medical record.(c) If a written consent to allow law enforcement to hold the sexual assault evidence is signed at the completion of medical forensic services, the hospital or approved pediatric health care facility shall include the following information in its discharge instructions:(1) the sexual assault evidence will be stored for 10     years from the completion of an Illinois State Police Sexual Assault Evidence Collection Kit, or 10 years from the age of 18 years, whichever is longer;(2) a person authorized to consent to the testing of     the sexual assault evidence may sign a written consent to allow law enforcement to test the sexual assault evidence at any time during that 10-year period for an adult victim, or until a minor victim turns 28 years of age by (A) contacting the law enforcement agency having jurisdiction, or if unknown, the law enforcement agency contacted by the hospital or approved pediatric health care facility under Section 3.2 of the Criminal Identification Act; or (B) by working with an advocate at a rape crisis center;(3) the name, address, and phone number of the law     enforcement agency having jurisdiction, or if unknown the name, address, and phone number of the law enforcement agency contacted by the hospital or approved pediatric health care facility under Section 3.2 of the Criminal Identification Act; and(4) the name and phone number of a local rape crisis     center.(d) This Section is effective on and after January 1, 2024. (Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/6.5-1)(Section scheduled to be repealed on December 31, 2023)Sec. 6.5-1. Written consent to the release of sexual assault evidence for testing.(a) Upon the completion of medical forensic services, the health care professional providing the medical forensic services shall provide the patient the opportunity to sign a written consent to allow law enforcement to submit the sexual assault evidence for testing, if collected.  The written consent shall be on a form included in the sexual assault evidence collection kit and posted on the Illinois State Police website.  The consent form shall include whether the survivor consents to the release of information about the sexual assault to law enforcement.(1) A survivor 13 years of age or older may sign the     written consent to release the evidence for testing.(2) If the survivor is a minor who is under 13 years     of age, the written consent to release the sexual assault evidence for testing may be signed by the parent, guardian, investigating law enforcement officer, or Department of Children and Family Services.(3) If the survivor is an adult who has a guardian of     the person, a health care surrogate, or an agent acting under a health care power of attorney, the consent of the guardian, surrogate, or agent is not required to release evidence and information concerning the sexual assault or sexual abuse. If the adult is unable to provide consent for the release of evidence and information and a guardian, surrogate, or agent under a health care power of attorney is unavailable or unwilling to release the information, then an investigating law enforcement officer may authorize the release.(4) Any health care professional or health care     institution, including any hospital, approved pediatric health care facility, or approved federally qualified health center, who provides evidence or information to a law enforcement officer under a written consent as specified in this Section is immune from any civil or professional liability that might arise from those actions, with the exception of willful or wanton misconduct. The immunity provision applies only if all of the requirements of this Section are met.(b) The hospital, approved pediatric health care facility, or approved federally qualified health center shall keep a copy of a signed or unsigned written consent form in the patient's medical record.(c) If a written consent to allow law enforcement to hold the sexual assault evidence is signed at the completion ofmedical forensic services, the hospital, approved pediatric health care facility, or approved federally qualified health center shall include the following information in its discharge instructions:(1) the sexual assault evidence will be stored for 10     years from the completion of an Illinois State Police Sexual Assault Evidence Collection Kit, or 10 years from the age of 18 years, whichever is longer;(2) A person authorized to consent to the testing of     the sexual assault evidence may sign a written consent to allow law enforcement to test the sexual assault evidence at any time during that 10-year period for an adult victim, or until a minor victim turns 28 years of age by (A) contacting the law enforcement agency having jurisdiction, or if unknown, the law enforcement agency contacted by the hospital, approved pediatric health care facility, or approved federally qualified health center under Section 3.2 of the Criminal Identification Act; or (B) by working with an advocate at a rape crisis center;(3) the name, address, and phone number of the law     enforcement agency having jurisdiction, or if unknown the name, address, and phone number of the law enforcement agency contacted by the hospital or approved pediatric health care facility under Section 3.2 of the Criminal Identification Act; and(4) the name and phone number of a local rape crisis     center.(d) This Section is repealed on December 31, 2023. 
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/6.6)Sec. 6.6. Submission of sexual assault evidence.(a) As soon as practicable, but in no event more than 4 hours after the completion of medical forensic services, the hospital or approved pediatric health care facility shall make reasonable efforts to determine the law enforcement agency having jurisdiction where the sexual assault occurred, if sexual assault evidence was collected.   The hospital or approved pediatric health care facility may obtain the name of the law enforcement agency with jurisdiction from the local law enforcement agency.(b) Within 4 hours after the completion of medical forensic services, the hospital or approved pediatric health care facility shall notify the law enforcement agency having jurisdiction that the hospital or approved pediatric health care facility is in possession of sexual assault evidence and the date and time the collection of evidence was completed.  The hospital or approved pediatric health care facility shall document the notification in the patient's medical records and shall include the agency notified, the date and time of the notification and the name of the person who received the notification. This notification to the law enforcement agency having jurisdiction satisfies the hospital's or approved pediatric health care facility's requirement to contact its local law enforcement agency under Section 3.2 of the Criminal Identification Act.(c) If the law enforcement agency having jurisdiction has not taken physical custody of sexual assault evidence within 5 days of the first contact by the hospital or approved pediatric health care facility, the hospital or approved pediatric health care facility shall renotify the law enforcement agency having jurisdiction that the hospital or approved pediatric health care facility is in possession of sexual assault evidence and the date the sexual assault evidence was collected. The hospital or approved pediatric health care facility shall document the renotification in the patient's medical records and shall include the agency notified, the date and time of the notification and the name of the person who received the notification.(d) If the law enforcement agency having jurisdiction has not taken physical custody of the sexual assault evidence within 10 days of the first contact by the hospital or approved pediatric health care facility and the hospital or approved pediatric health care facility has provided renotification under subsection (c) of this Section, the hospital or approved pediatric health care facility shall contact the State's Attorney of the county where the law enforcement agency having jurisdiction is located.  The hospital or approved pediatric health care facility shall inform the State's Attorney that the hospital or approved pediatric health care facility is in possession of sexual assault evidence, the date the sexual assault evidence was collected, the law enforcement agency having jurisdiction, the dates, times and names of persons notified under subsections (b) and (c) of this Section.  The notification shall be made within 14 days of the collection of the sexual assault evidence.(e) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/6.6-1)(Section scheduled to be repealed on December 31, 2023)Sec. 6.6-1. Submission of sexual assault evidence.(a) As soon as practicable, but in no event more than 4 hours after the completion of medical forensic services, the hospital, approved pediatric health care facility, or approved federally qualified health center shall make reasonable efforts to determine the law enforcement agency having jurisdiction where the sexual assault occurred, if sexual assault evidence was collected. The hospital, approved pediatric health care facility, or approved federally qualified health center may obtain the name of the law enforcement agency with jurisdiction from the local law enforcement agency.(b) Within 4 hours after the completion of medical forensic services, the hospital, approved pediatric health care facility, or approved federally qualified health center shall notify the law enforcement agency having jurisdiction that the hospital, approved pediatric health care facility, or approved federally qualified health center is in possession of sexual assault evidence and the date and time the collection of evidence was completed. The hospital, approved pediatric health care facility, or approved federally qualified healthcenter shall document the notification in the patient's medical records and shall include the agency notified, the date and time of the notification and the name of the person who received the notification. This notification to the law enforcement agency having jurisdiction satisfies the hospital's, approved pediatric health care facility's, or approved federally qualified health center's requirement to contact its local law enforcement agency under Section 3.2 of the Criminal Identification Act.(c) If the law enforcement agency having jurisdiction has not taken physical custody of sexual assault evidence within 5 days of the first contact by the hospital, approved pediatric health care facility, or approved federally qualified health center, the hospital, approved pediatric health care facility, or approved federally qualified health center shall renotify the law enforcement agency having jurisdiction that the hospital, approved pediatric health care facility, or approved federally qualified health center is in possession of sexual assault evidence and the date the sexual assault evidence was collected. The hospital, approved pediatric health care facility, or approved federally qualified health center shall document the renotification in the patient's medical records and shall include the agency notified, the date and time of the notification and the name of the person who received the notification.(d) If the law enforcement agency having jurisdiction hasnot taken physical custody of the sexual assault evidence within 10 days of the first contact by the hospital, approved pediatric health care facility, or approved federally qualified health center and the hospital, approved pediatric health care facility, or approved federally qualified health center has provided renotification under subsection (c) of this Section, the hospital, approved pediatric health care facility, or approved federally qualified health center shall contact the State's Attorney of the county where the law enforcement agency having jurisdiction is located. The hospital, approved pediatric health care facility shall inform the State's Attorney that the hospital, approved pediatric health care facility, or approved federally qualified health center is in possession of sexual assault evidence, the date the sexual assault evidence was collected, the law enforcement agency having jurisdiction, the dates, times and names of persons notified under subsections (b) and
(c)of this Section. The notification shall be made within 14 days of the collection of the sexual assault evidence.(e) This Section is repealed on December 31, 2023. 
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7)(Text of Section from P.A. 102-699, Article 30, Section 30-5)Sec. 7. Reimbursement.(a) A hospital, approved pediatric health care facility, or health care professional furnishing medical forensic services, an ambulance provider furnishing transportation to a sexual assault survivor, a hospital, health care professional, or laboratory providing follow-up healthcare, or a pharmacy dispensing prescribed medications to any sexual assault survivor shall furnish such services or medications to that person without charge and shall seek payment as follows:(1)  If a sexual assault survivor is eligible to     receive benefits under the medical assistance program under Article V of the Illinois Public Aid Code, the ambulance provider, hospital, approved pediatric health care facility, health care professional, laboratory, or pharmacy must submit the bill to the Department of Healthcare and Family Services or the appropriate Medicaid managed care organization and accept the amount paid as full payment.(2)  If a sexual assault survivor is covered by one     or more policies of health insurance or is a beneficiary under a public or private health coverage program, the ambulance provider, hospital, approved pediatric health care facility, health care professional, laboratory, or pharmacy shall bill the insurance company or program.  With respect to such insured patients, applicable deductible, co-pay, co-insurance, denial of claim, or any other out-of-pocket insurance-related expense may be submitted to the Illinois Sexual Assault Emergency Treatment Program of the Department of Healthcare and Family Services in accordance with 89 Ill. Adm. Code 148.510 for payment at the Department of Healthcare and Family Services' allowable rates under the Illinois Public Aid Code. The ambulance provider, hospital, approved pediatric health care facility, health care professional, laboratory, or pharmacy shall accept the amounts paid by the insurance company or health coverage program and the Illinois Sexual Assault Treatment Program as full payment.(3) If a sexual assault survivor is neither eligible     to receive benefits under the medical assistance program under Article V of the Illinois Public Aid Code nor covered by a policy of insurance or a public or private health coverage program, the ambulance provider, hospital, approved pediatric health care facility, health care professional, laboratory, or pharmacy shall submit the request for reimbursement to the Illinois Sexual Assault Emergency Treatment Program under the Department of Healthcare and Family Services in accordance with 89 Ill. Adm. Code 148.510 at the Department of Healthcare and Family Services' allowable rates under the Illinois Public Aid Code.(4) If a sexual assault survivor presents a sexual     assault services voucher for follow-up healthcare, the healthcare professional, pediatric health care facility, or laboratory that provides follow-up healthcare or the pharmacy that dispenses prescribed medications to a sexual assault survivor shall submit the request for reimbursement for follow-up healthcare, pediatric health care facility, laboratory, or pharmacy services to the Illinois Sexual Assault Emergency Treatment Program under the Department of Healthcare and Family Services in accordance with 89 Ill. Adm. Code 148.510 at the Department of Healthcare and Family Services' allowable rates under the Illinois Public Aid Code.  Nothing in this subsection (a) precludes hospitals or approved pediatric health care facilities from providing follow-up healthcare and receiving reimbursement under this Section.(b) Nothing in this Section precludes a hospital, health care provider, ambulance provider, laboratory, or pharmacy from billing the sexual assault survivor or any applicable health insurance or coverage for inpatient services.(b-5) Medical forensic services furnished by a person or entity described under subsection (a) to any sexual assault survivor on or after July 1, 2022 that are required under this Act to be reimbursed by the Department of Healthcare and Family Services, the Illinois Sexual Assault Emergency Treatment Program under the Department of Healthcare and Family Services, or the appropriate Medicaid managed care organization shall be reimbursed at a rate of at least $1,000.(c) (Blank).(d) (Blank).(e) The Department of Healthcare and Family Services shall establish standards, rules, and regulations to implement this Section.(f) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-699, Article 30, Section 30-5, eff. 4-19-22.)(Text of Section from P.A. 102-699, Article 35, Section 35-5)Sec. 7. Reimbursement.(a) A hospital, approved pediatric health care facility, or health care professional furnishing medical forensic services, an ambulance provider furnishing transportation to a sexual assault survivor, a hospital, health care professional, or laboratory providing follow-up healthcare, or a pharmacy dispensing prescribed medications to any sexual assault survivor shall furnish such services or medications to that person without charge and shall seek payment as follows:(1)  If a sexual assault survivor is eligible to     receive benefits under the medical assistance program under Article V of the Illinois Public Aid Code, the ambulance provider, hospital, approved pediatric health care facility, health care professional, laboratory, or pharmacy must submit the bill to the Department of Healthcare and Family Services or the appropriate Medicaid managed care organization and accept the amount paid as full payment.(2)  If a sexual assault survivor is covered by one     or more policies of health insurance or is a beneficiary under a public or private health coverage program, the ambulance provider, hospital, approved pediatric health care facility, health care professional, laboratory, or pharmacy shall bill the insurance company or program.  With respect to such insured patients, applicable deductible, co-pay, co-insurance, denial of claim, or any other out-of-pocket insurance-related expense may be submitted to the Illinois Sexual Assault Emergency Treatment Program of the Department of Healthcare and Family Services in accordance with 89 Ill. Adm. Code 148.510 for payment at the Department of Healthcare and Family Services' allowable rates under the Illinois Public Aid Code. The ambulance provider, hospital, approved pediatric health care facility, health care professional, laboratory, or pharmacy shall accept the amounts paid by the insurance company or health coverage program and the Illinois Sexual Assault Treatment Program as full payment.(3) If a sexual assault survivor (i) is neither     eligible to receive benefits under the medical assistance program under Article V of the Illinois Public Aid Code nor covered by a policy of insurance or a public or private health coverage program or (ii) opts out of billing a private insurance provider, as permitted under subsection (a-5) of Section 7.5, the ambulance provider, hospital, approved pediatric health care facility, health care professional, laboratory, or pharmacy shall submit the request for reimbursement to the Illinois Sexual Assault Emergency Treatment Program under the Department of Healthcare and Family Services in accordance with 89 Ill. Adm. Code 148.510 at the Department of Healthcare and Family Services' allowable rates under the Illinois Public Aid Code.(4) If a sexual assault survivor presents a sexual     assault services voucher for follow-up healthcare, the healthcare professional, pediatric health care facility, or laboratory that provides follow-up healthcare or the pharmacy that dispenses prescribed medications to a sexual assault survivor shall submit the request for reimbursement for follow-up healthcare, pediatric health care facility, laboratory, or pharmacy services to the Illinois Sexual Assault Emergency Treatment Program under the Department of Healthcare and Family Services in accordance with 89 Ill. Adm. Code 148.510 at the Department of Healthcare and Family Services' allowable rates under the Illinois Public Aid Code.  Nothing in this subsection (a) precludes hospitals or approved pediatric health care facilities from providing follow-up healthcare and receiving reimbursement under this Section.(b) Nothing in this Section precludes a hospital, health care provider, ambulance provider, laboratory, or pharmacy from billing the sexual assault survivor or any applicable health insurance or coverage for inpatient services.(c) (Blank).(d) On and after July 1, 2012, the Department shall reduce any rate of reimbursement for services or other payments or alter any methodologies authorized by this Act or the Illinois Public Aid Code to reduce any rate of reimbursement for services or other payments in accordance with Section 5-5e of the Illinois Public Aid Code.(e) The Department of Healthcare and Family Services shall establish standards, rules, and regulations to implement this Section.(f) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-699 (See Section 99-99 of P.A. 102-699 and Section 99 of P.A. 102-1097 regarding the  effective date of changes made in Article 35 of P.A. 102-699).) (410 ILCS 70/7-1)(Text of Section from P.A. 102-699, Article 30, Section 30-5)(Section scheduled to be repealed on December 31, 2023)Sec. 7-1. Reimbursement(a) A hospital, approved pediatric health care facility, approved  federally qualified health center, or health careprofessional furnishing medical forensic services, an ambulance provider furnishing transportation to a sexual assault survivor, a hospital, health care professional, or laboratory providing follow-up healthcare, or a pharmacy dispensing prescribed medications to any sexual assault survivor shall furnish such services or medications to that person without charge and shall seek payment as follows:(1) If a sexual assault survivor is eligible to     receive benefits under the medical assistance program under Article V of the Illinois Public Aid Code, the ambulance provider, hospital, approved pediatric health care facility, approved federally qualified health center, health care professional, laboratory, or pharmacy must submit the bill to the Department of Healthcare and Family Services or the appropriate Medicaid managed care organization and accept the amount paid as full payment.(2) If a sexual assault survivor is covered by one or     more policies of health insurance or is a beneficiary under a public or private health coverage program, the ambulance provider, hospital, approved pediatric health care facility, approved federally qualified health center, health care professional, laboratory, or pharmacy shall bill the insurance company or program. With respect to such insured patients, applicable deductible, co-pay, co-insurance, denial of claim, or any other out-of-pocket insurance-related expense may be submitted to the Illinois      Sexual Assault Emergency Treatment Program of the Department of Healthcare and Family Services in accordance with 89 Ill. Adm. Code 148.510 for payment at the Department of Healthcare and Family Services' allowable rates under the Illinois Public Aid Code. The ambulance provider, hospital, approved pediatric health care facility, approved federally qualified health center, health care professional, laboratory, or pharmacy shall accept the amounts paid by the insurance company or health coverage program and the Illinois Sexual Assault Treatment Program as full payment.(3) If a sexual assault survivor is neither eligible     to receive benefits under the medical assistance program under Article V of the Illinois Public Aid Code nor covered by a policy of insurance or a public or private health coverage program, the ambulance provider, hospital, approved pediatric health care facility, approved federally qualified health center, health care professional, laboratory, or pharmacy shall submit the request for reimbursement to the Illinois Sexual Assault Emergency Treatment Program under the Department of Healthcare and Family Services in accordance with 89 Ill. Adm. Code 148.510 at the Department of Healthcare and Family Services' allowable rates under the Illinois Public Aid Code.(4) If a sexual assault survivor presents a sexual          assault services voucher for follow-up healthcare, the healthcare professional, pediatric health care facility, federally qualified health center, or laboratory that provides follow-up healthcare or the pharmacy that dispenses prescribed medications to a sexual assault survivor shall submit the request for reimbursement for follow-up healthcare, pediatric health care facility, laboratory, or pharmacy services to the Illinois Sexual Assault Emergency Treatment Program under the Department of Healthcare and Family Services in accordance with 89 Ill. Adm. Code 148.510 at the Department of Healthcare and Family Services' allowable rates under the Illinois Public Aid Code. Nothing in this subsection (a) precludes hospitals, or approved pediatric health care facilities or approved federally qualified health centers from providing follow-up healthcare and receiving reimbursement under this Section.(b) Nothing in this Section precludes a hospital, health care provider, ambulance provider, laboratory, or pharmacy from billing the sexual assault survivor or any applicable health insurance or coverage for inpatient services.(b-5) Medical forensic services furnished by a person or entity described under subsection (a) to any sexual assault survivor on or after July 1, 2022 that are required under this Act to be reimbursed by the Department of Healthcare and Family Services, the Illinois Sexual Assault Emergency Treatment Program under the Department of Healthcare and Family Services, or the appropriate Medicaid managed care organization shall be reimbursed at a rate of at least $1,000.(c) (Blank).(d) (Blank).(e) The Department of Healthcare and Family Services shall establish standards, rules, and regulations to implement this Section.(f) This Section is repealed on December 31, 2023. 
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-699, Article 30, Section 30-5, eff. 4-19-22.)(Text of Section from P.A. 102-699, Article 35, Section 35-5)(Section scheduled to be repealed on December 31, 2023)Sec. 7-1. Reimbursement(a) A hospital, approved pediatric health care facility, approved  federally qualified health center, or health careprofessional furnishing medical forensic services, an ambulance provider furnishing transportation to a sexual assault survivor, a hospital, health care professional, or laboratory providing follow-up healthcare, or a pharmacy dispensing prescribed medications to any sexual assault survivor shall furnish such services or medications to that person without charge and shall seek payment as follows:(1) If a sexual assault survivor is eligible to     receive benefits under the medical assistance program under Article V of the Illinois Public Aid Code, the ambulance provider, hospital, approved pediatric health care facility, approved federally qualified health center, health care professional, laboratory, or pharmacy must submit the bill to the Department of Healthcare and Family Services or the appropriate Medicaid managed care organization and accept the amount paid as full payment.(2) If a sexual assault survivor is covered by one or     more policies of health insurance or is a beneficiary under a public or private health coverage program, the ambulance provider, hospital, approved pediatric health care facility, approved federally qualified health center, health care professional, laboratory, or pharmacy shall bill the insurance company or program. With respect to such insured patients, applicable deductible, co-pay, co-insurance, denial of claim, or any other out-of-pocket insurance-related expense may be submitted to the Illinois      Sexual Assault Emergency Treatment Program of the Department of Healthcare and Family Services in accordance with 89 Ill. Adm. Code 148.510 for payment at the Department of Healthcare and Family Services' allowable rates under the Illinois Public Aid Code. The ambulance provider, hospital, approved pediatric health care facility, approved federally qualified health center, health care professional, laboratory, or pharmacy shall accept the amounts paid by the insurance company or health coverage program and the Illinois Sexual Assault Treatment Program as full payment.(3) If a sexual assault survivor (i) is neither     eligible to receive benefits under the medical assistance program under Article V of the Illinois Public Aid Code nor covered by a policy of insurance or a public or private health coverage program or (ii) opts out of billing a private insurance provider, as permitted under subsection (a-5) of Section 7.5, the ambulance provider, hospital, approved pediatric health care facility, approved federally qualified health center, health care professional, laboratory, or pharmacy shall submit the request for reimbursement to the Illinois Sexual Assault Emergency Treatment Program under the Department of Healthcare and Family Services in accordance with 89 Ill. Adm. Code 148.510 at the Department of Healthcare and Family Services' allowable rates under the Illinois Public Aid Code.(4) If a sexual assault survivor presents a sexual          assault services voucher for follow-up healthcare, the healthcare professional, pediatric health care facility, federally qualified health center, or laboratory that provides follow-up healthcare or the pharmacy that dispenses prescribed medications to a sexual assault survivor shall submit the request for reimbursement for follow-up healthcare, pediatric health care facility, laboratory, or pharmacy services to the Illinois Sexual Assault Emergency Treatment Program under the Department of Healthcare and Family Services in accordance with 89 Ill. Adm. Code 148.510 at the Department of Healthcare and Family Services' allowable rates under the Illinois Public Aid Code. Nothing in this subsection (a) precludes hospitals, or approved pediatric health care facilities or approved federally qualified health centers from providing follow-up healthcare and receiving reimbursement under this Section.(b) Nothing in this Section precludes a hospital, health care provider, ambulance provider, laboratory, or pharmacy from billing the sexual assault survivor or any applicable health insurance or coverage for inpatient services.(c) (Blank).(d) On and after July 1, 2012, the Department shall reduce any rate of reimbursement for services or other payments or alter any methodologies authorized by this Act or the Illinois Public Aid Code to reduce any rate of reimbursement for services or other payments in accordance with Section 5-5e of the Illinois Public Aid Code.(e) The Department of Healthcare and Family Services shall establish standards, rules, and regulations to implement this Section.(f) This Section is repealed on December 31, 2023. 
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-699, Article 35, Section 35-5 (See Section 99-99 of P.A. 102-699 and Section 99 of P.A. 102-1097 regarding the  effective date of changes made in Article 35 of P.A. 102-699).) (410 ILCS 70/7.5)Sec. 7.5. Prohibition on billing sexual assault survivors directly for certain services; written notice; billing protocols.(a) A hospital, approved pediatric health care facility, health care professional, ambulance provider, laboratory, or pharmacy furnishing medical forensic services, transportation, follow-up healthcare, or medication to a sexual assault survivor shall not:(1) charge  or submit a bill for any portion of the     costs of the services, transportation, or medications to the sexual assault survivor, including any insurance deductible, co-pay, co-insurance, denial of claim by an insurer, spenddown, or any other out-of-pocket expense;(2) communicate with, harass, or intimidate the     sexual assault survivor for payment of services, including, but not limited to, repeatedly calling or writing to the sexual assault survivor and threatening to refer the matter to a debt collection agency or to an attorney for collection, enforcement, or filing of other process;(3) refer a bill to a collection agency or attorney     for collection action against the sexual assault survivor;(4) contact or distribute information to affect the     sexual assault survivor's credit rating; or(5) take any other action adverse to the sexual     assault survivor or his or her family on account of providing services to the sexual assault survivor.(a-5) Notwithstanding any other provision of law, including, but not limited to, subsection (a), a sexual assault survivor who is not the subscriber or primary policyholder of the sexual assault survivor's insurance policy may opt out of billing the sexual assault survivor's private insurance
provider.
If the sexual assault survivor opts out of billing the sexual assault survivor's private insurance provider, then the bill for medical forensic services shall be sent to the Department of Healthcare and Family Services' Sexual Assault Emergency Treatment Program for reimbursement for the services provided to the sexual assault survivor.(b) Nothing in this Section precludes a hospital, health care provider, ambulance provider, laboratory, or pharmacy from billing the sexual assault survivor or any applicable health insurance or coverage for inpatient services.(c) Every hospital and approved pediatric health care facility providing treatment services to sexual assault survivors in accordance with a plan approved under Section 2 of this Act shall provide a written notice to a sexual assault survivor.  The written notice must include, but is not limited to, the following:(1) a statement that the sexual assault survivor     should not be directly billed by any ambulance provider providing transportation services, or by any hospital, approved pediatric health care facility, health care professional, laboratory, or pharmacy for the services the sexual assault survivor received as an outpatient at the hospital or approved pediatric health care facility;(2) a statement that a sexual assault survivor who is     admitted to a hospital may be billed for inpatient services provided by a hospital, health care professional, laboratory, or pharmacy;(3) a statement that prior to leaving the hospital or     approved pediatric health care facility, the hospital or approved pediatric health care facility will give the sexual assault survivor a sexual assault services voucher for follow-up healthcare if the sexual assault survivor is eligible to receive a sexual assault services voucher;(4)  the definition of "follow-up healthcare" as set     forth in Section 1a of this Act;(5) a phone number the sexual assault survivor may     call should the sexual assault survivor receive a bill from the hospital or approved pediatric health care facility for medical forensic services;(6) the toll-free phone number of the Office of the     Illinois Attorney General, which the sexual assault survivor may call should the sexual assault survivor receive a bill from an ambulance provider, approved pediatric health care facility, a health care professional, a laboratory, or a pharmacy.This subsection (c) shall not apply to hospitals that provide transfer services as defined under Section 1a of this Act.(d) Within 60 days after the effective date of this amendatory Act of the 99th General Assembly, every health care professional, except for those employed by a hospital or hospital affiliate, as defined in the Hospital Licensing Act, or those employed by a hospital operated under the University of Illinois Hospital Act, who bills separately  for medical or forensic services must develop a billing protocol that ensures that no survivor of sexual assault will be sent a bill for any medical forensic services and submit the billing protocol to the Office of the Attorney General for approval. Within 60 days after the commencement of the provision of medical forensic services, every health care professional, except for those employed by a hospital or hospital affiliate, as defined in the Hospital Licensing Act, or those employed by a hospital operated under the University of Illinois Hospital Act, who bills separately  for medical or forensic services must develop a billing protocol that ensures that no survivor of sexual assault is  sent a bill for any medical forensic services and submit the billing protocol to the Attorney General for approval. Health care professionals who bill as a legal entity may submit a single billing protocol for the billing entity.Within 60 days after the Department's approval of a treatment plan, an approved pediatric health care facility and any health care professional employed by an approved pediatric health care facility must develop a billing protocol that ensures that no survivor of sexual assault is  sent a bill for any medical forensic services and submit the billing protocol to the Office of the Attorney General for approval.The billing protocol must include at a minimum:(1) a description of training for persons who prepare     bills for medical and forensic services;(2) a written acknowledgement signed by a person who     has completed the training that the person will not bill survivors of sexual assault;(3) prohibitions on submitting any bill for any     portion of medical forensic services provided to a survivor of sexual assault to a collection agency;(4) prohibitions on taking any action that would     adversely affect the credit of the survivor of sexual assault;(5) the termination of all collection activities if     the protocol is violated; and(6) the actions to be taken if a bill is sent to a     collection agency or the failure to pay is reported to any credit reporting agency.The Office of the Attorney General may provide a sample acceptable billing protocol upon request.The Office of the Attorney General shall approve a proposed protocol if it finds that the implementation of the protocol would result in no survivor of sexual assault being billed or sent a bill for medical forensic services.If the Office of the Attorney General determines that implementation of the protocol could result in the billing of a survivor of sexual assault for medical forensic services, the Office of the Attorney General shall provide the health care professional or approved pediatric health care facility with a written statement of the deficiencies in the protocol. The health care professional or approved pediatric health care facility shall have 30 days to submit a revised billing protocol addressing the deficiencies to the Office of the Attorney General.  The health care professional or approved pediatric health care facility shall implement the protocol upon approval by the Office of the Attorney General.The health care professional or approved pediatric health care facility shall submit any proposed revision to or modification of an approved billing protocol to the Office of the Attorney General for approval. The health care professional or approved pediatric health care facility shall implement the revised or modified billing protocol upon approval by the Office of the Illinois Attorney General.(e) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 101-652, eff. 7-1-21; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1097, eff. 1-1-23.) (410 ILCS 70/7.5-1)(Section scheduled to be repealed on December 31, 2023)Sec. 7.5-1. Prohibition on billing sexual assault survivors directly for certain services; written notice; billing protocols.(a) A hospital, approved pediatric health care facility, approved federally qualified health center, health care professional, ambulance provider, laboratory, or pharmacy furnishing medical forensic services, transportation, follow-up healthcare, or medication to a sexual assault survivor shall not:(1) charge  or submit a bill for any portion of the     costs of the services, transportation, or medications to the sexual assault survivor, including any insurance deductible, co-pay, co-insurance, denial of claim by an insurer, spenddown, or any other out-of-pocket expense;(2) communicate with, harass, or intimidate the     sexual assault survivor for payment of services, including, but not limited to, repeatedly calling or writing to the sexual assault survivor and threatening to refer the matter to a debt collection agency or to an attorney for collection, enforcement, or filing of other process;(3) refer a bill to a collection agency or attorney     for collection action against the sexual assault survivor;(4) contact or distribute information to affect the     sexual assault survivor's credit rating; or(5) take any other action adverse to the sexual     assault survivor or his or her family on account of providing services to the sexual assault survivor.(a-5) Notwithstanding any other provision of law, including, but not limited to, subsection (a), a sexual assault survivor who is not the subscriber or primary policyholder of the sexual assault survivor's insurance policy may opt out of billing the sexual assault survivor's private insurance
provider.
If the sexual assault survivor opts out of billing the sexual assault survivor's private insurance provider, then the bill for medical forensic services shall be sent to the Department of Healthcare and Family Services' Sexual Assault Emergency Treatment Program for reimbursement for the services provided to the sexual assault survivor.(b) Nothing in this Section precludes a hospital, health care provider, ambulance provider, laboratory, or pharmacy from billing the sexual assault survivor or any applicable health insurance or coverage for inpatient services.(c) Every hospital, approved pediatric health care facility, and approved federally qualified health center providing treatment services to sexual assault survivors in accordance with a plan approved under Section 2-1 of this Act shall provide a written notice to a sexual assault survivor. The written notice must include, but is not limited to, the following:(1) a statement that the sexual assault survivor     should not be directly billed by any ambulance provider providing transportation services, or by any hospital, approved pediatric health care facility, approved federally qualified health center, health care professional,      laboratory, or pharmacy for the services the sexual assault survivor received as an outpatient at the hospital, approved pediatric health care facility, or approved federally qualified health center;(2) a statement that a sexual assault survivor who is     admitted to a hospital may be billed for inpatient services provided by a hospital, health care professional, laboratory, or pharmacy;(3) a statement that prior to leaving the hospital,     approved pediatric health care facility, or approved federally qualified health center, the hospital, approved pediatric health care facility, or approved federally qualified health center will give the sexual assault survivor a sexual assault services voucher for follow-up healthcare if the sexual assault survivor is eligible to receive a sexual assault services voucher;(4)  the definition of "follow-up healthcare" as set     forth in Section 1a-1 of this Act;(5) a phone number the sexual assault survivor may     call should the sexual assault survivor receive a bill from the hospital, approved pediatric health care facility, or approved federally qualified health center for medical forensic services;(6) the toll-free phone number of the Office of the     Illinois Attorney General, Crime Victim Services Division, which the sexual assault survivor may call should the      sexual assault survivor receive a bill from an ambulance provider, approved pediatric health care facility, approved federally qualified health center, a health care professional, a laboratory, or a pharmacy.This subsection (c) shall not apply to hospitals that provide transfer services as defined under Section 1a-1 of this Act.(d) Within 60 days after the effective date of this amendatory Act of the 101st General Assembly, every health care professional, except for those employed by a hospital or hospital affiliate, as defined in the Hospital Licensing Act, or those employed by a hospital operated under the University of Illinois Hospital Act, who bills separately  for medical or forensic services must develop a billing protocol that ensures that no survivor of sexual assault will be sent a bill for any medical forensic services and submit the billing protocol to the Crime Victim Services Division of the Office of the Attorney General for approval. Within 60 days after the commencement of the provision of medical forensic services, every health care professional, except for those employed by a hospital or hospital affiliate, as defined in the Hospital Licensing Act, or those employed by a hospital operated under the University of Illinois Hospital Act, who bills separately  for medical or forensic services must develop a billing protocol that ensures that no survivor of sexual assault is  sent a bill for any medical forensic services and submit the billing protocol to the Crime Victim Services Division of the Office of the Attorney General for approval. Health care professionals who bill as a legal entity may submit a single billing protocol for the billing entity.Within 60 days after the Department's approval of a treatment plan, an approved pediatric health care facility and any health care professional employed by an approved pediatric health care facility must develop a billing protocol that ensures that no survivor of sexual assault is  sent a bill for any medical forensic services and submit the billing protocol to the Crime Victim Services Division of the Office of the Attorney General for approval.Within 14 days after the Department's approval of a treatment plan, an approved federally qualified health center and any health care professional employed by an approved federally qualified health center must develop a billing protocol that ensures that no survivor of sexual assault is sent a bill for any medical forensic services and submit the billing protocol to the Crime Victim Services Division of the Office of the Attorney General for approval.The billing protocol must include at a minimum:(1) a description of training for persons who prepare     bills for medical and forensic services;(2) a written acknowledgement signed by a person who     has completed the training that the person will not bill survivors of sexual assault;(3) prohibitions on submitting any bill for any     portion of medical forensic services provided to a survivor of sexual assault to a collection agency;(4) prohibitions on taking any action that would     adversely affect the credit of the survivor of sexual assault;(5) the termination of all collection activities if     the protocol is violated; and(6) the actions to be taken if a bill is sent to a     collection agency or the failure to pay is reported to any credit reporting agency.The Crime Victim Services Division of the Office of the Attorney General may provide a sample acceptable billing protocol upon request.The Office of the Attorney General shall approve a proposed protocol if it finds that the implementation of the protocol would result in no survivor of sexual assault being billed or sent a bill for medical forensic services.If the Office of the Attorney General determines that implementation of the protocol could result in the billing of a survivor of sexual assault for medical forensic services, the Office of the Attorney General shall provide the health care professional or approved pediatric health care facility with a written statement of the deficiencies in the protocol. The health care professional or approved pediatric health care facility shall have 30 days to submit a revised billing protocol addressing the deficiencies to the Office of the Attorney General.  The health care professional or approved pediatric health care facility shall implement the protocol upon approval by the Crime Victim Services Division of the Office of the Attorney General.The health care professional, approved pediatric health care facility, or approved federally qualified health center shall submit any proposed revision to or modification of an approved billing protocol to the Crime Victim Services Division of the Office of the Attorney General for approval. The health care professional, approved pediatric health care facility, or approved federally qualified health center shall implement the revised or modified billing protocol upon approval by the Crime Victim Services Division of the Office of the Illinois Attorney General.(e) This Section is repealed on December 31, 2023. 
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1097, eff. 1-1-23.) (410 ILCS 70/8) (from Ch. 111 1/2, par. 87-8)Sec. 8. Penalties.(a) Any hospital or approved pediatric health care facility violating any provisions of this Act other than Section 7.5
shall be guilty of a petty offense for each violation, and any fine imposed
shall be paid into the general corporate funds of the city, incorporated
town or village in which the hospital or approved pediatric health care facility is located, or of the county, in case
such hospital is outside the limits of any incorporated municipality.(b) The Attorney General may seek the assessment of one or more of the following civil monetary penalties in any action filed under this Act where the hospital, approved pediatric health care facility, health care professional, ambulance provider, laboratory, or pharmacy knowingly violates Section 7.5 of the Act:(1) For willful violations of paragraphs (1), (2),     (4), or (5) of subsection (a) of Section 7.5 or subsection (c) of Section 7.5, the civil monetary penalty shall not exceed $500 per violation.(2) For violations of paragraphs (1), (2), (4), or     (5) of subsection (a) of Section 7.5 or subsection (c) of Section 7.5 involving a pattern or practice, the civil monetary penalty shall not exceed $500 per violation.(3) For violations of paragraph (3) of subsection (a)     of Section 7.5, the civil monetary penalty shall not exceed $500 for each day the bill is with a collection agency.(4) For violations involving the failure to submit     billing protocols within the time period required under subsection (d) of Section 7.5, the civil monetary penalty shall not exceed $100 per day until the health care professional or approved pediatric health care facility complies with subsection (d) of Section 7.5.All civil monetary penalties shall be deposited into the Violent Crime Victims Assistance Fund.(c) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/8-1)(Section scheduled to be repealed on December 31, 2023)Sec. 8-1. Penalties.(a) Any hospital, approved pediatric health care facility, or approved federally qualified health center violating any provisions of this Act other than Section 7.5-1 shall be guilty of a petty offense for each violation, and any fine imposed shall be paid into the general corporate funds of the city, incorporated town or village in which the hospital, approved pediatric health care facility, or approved federally qualified health center is located, or of thecounty, in case such hospital is outside the limits of any incorporated municipality.(b) The Attorney General may seek the assessment of one or more of the following civil monetary penalties in any action filed under this Act where the hospital, approved pediatric health care facility, approved federally qualified health center, health care professional, ambulance provider, laboratory, or pharmacy knowingly violates Section 7.5-1 of the Act:(1) For willful violations of paragraphs (1), (2),     (4), or (5) of subsection (a) of Section 7.5-1 or subsection (c) of Section 7.5-1, the civil monetary penalty shall not exceed $500 per violation.(2) For violations of paragraphs (1), (2), (4), or     (5) of subsection (a) of Section 7.5-1 or subsection (c) of Section 7.5-1 involving a pattern or practice, the civil monetary penalty shall not exceed $500 per violation.(3) For violations of paragraph (3) of subsection (a)     of Section 7.5-1, the civil monetary penalty shall not exceed $500 for each day the bill is with a collection agency.(4) For violations involving the failure to submit     billing protocols within the time period required under subsection (d) of Section 7.5-1, the civil monetary penalty shall not exceed $100 per day until the health care professional or approved pediatric health care facility complies with subsection (d) of Section 7.5-1.All civil monetary penalties shall be deposited into the Violent Crime Victims Assistance Fund.(c) This Section is repealed on December 31, 2023. 
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/8.5)Sec. 8.5. Complaints. The Department shall implement a complaint system through which the Department may receive complaints of violations of this Act. The Department may use an existing complaint system to fulfill the requirements of this Section.
(Source: P.A. 94-762, eff. 5-12-06.) (410 ILCS 70/9)Sec. 9. (Repealed).
	 
	 (Source: P.A. 100-775, eff. 1-1-19. Repealed by P.A. 101-13, eff. 6-12-19.) (410 ILCS 70/9.5)(Text of Section from P.A. 102-1097)(Section scheduled to be repealed on January 1, 2025)Sec. 9.5. Sexual Assault Medical Forensic Services Implementation Task Force.(a) The Sexual Assault Medical Forensic Services Implementation Task Force is created to assist hospitals and approved pediatric health care facilities with the implementation of the changes made by this amendatory Act of the l00th General Assembly. The Task Force shall consist of the following members, who shall serve without compensation:(1) one member of the Senate appointed by the     President of the Senate, who may designate an alternate member;(2) one member of the Senate appointed by the     Minority Leader of the Senate, who may designate an alternate member;(3) one member of the House of Representatives     appointed by the Speaker of the House of Representatives, who may designate an alternate member;(4) one member of the House of Representatives     appointed by the Minority Leader of the House of Representatives, who may designate an alternate member;(5) two members representing the Office of the     Attorney General appointed by the Attorney General, one of whom shall be the Sexual Assault Nurse Examiner Coordinator for the State of Illinois;(6) one member representing the Department of Public     Health appointed by the Director of Public Health;(7) one member representing the Illinois State Police     appointed by the Director of the Illinois State Police;(8) one member representing the Department of     Healthcare and Family Services appointed by the Director of Healthcare and Family Services;(9) six members representing hospitals appointed by     the head of a statewide organization representing the interests of hospitals in Illinois, at least one of whom shall represent small and rural hospitals and at least one of these members shall represent urban hospitals;(10) one member representing physicians appointed by     the head of a statewide organization representing the interests of physicians in Illinois;(11) one member representing emergency physicians     appointed by the head of a statewide organization representing the interests of emergency physicians in Illinois;(12) two members representing child abuse     pediatricians appointed by the head of a statewide organization representing the interests of child abuse pediatricians in Illinois, at least one of whom shall represent child abuse pediatricians providing medical forensic services in rural locations and at least one of whom shall represent child abuse pediatricians providing medical forensic services in urban locations;(13) one member representing nurses appointed by the     head of a statewide organization representing the interests of nurses in Illinois;(14) two members representing sexual assault nurse     examiners appointed by the head of a statewide organization representing the interests of forensic nurses in Illinois, at least one of whom shall represent pediatric/adolescent sexual assault nurse examiners and at least one of these members shall represent adult/adolescent sexual assault nurse examiners;(15) one member representing State's Attorneys     appointed by the head of a statewide organization representing the interests of State's Attorneys in Illinois;(16) three members representing sexual assault     survivors appointed by the head of a statewide organization representing the interests of sexual assault survivors and rape crisis centers, at least one of whom shall represent rural rape crisis centers and at least one of whom shall represent urban rape crisis centers;(17) one member representing children's advocacy     centers appointed by the head of a statewide organization representing the interests of children's advocacy centers in Illinois; and(18) one member representing approved federally     qualified health centers appointed by the Director of Public Health.The members representing the Office of the Attorney General and the Department of Public Health shall serve as co-chairpersons of the Task Force. The Office of the Attorney General shall provide administrative and other support to the Task Force.(b) The first meeting of the Task Force shall be called by the co-chairpersons no later than 90 days after the effective date of this Section.(c) The goals of the Task Force shall include, but not be limited to, the following:(1) to facilitate the development of areawide     treatment plans among hospitals and pediatric health care facilities;(2) to facilitate the development of on-call systems     of qualified medical providers and assist hospitals with the development of plans to employ or contract with a qualified medical provider to initiate medical forensic services to a sexual assault survivor within 90 minutes of the patient presenting to the hospital as required in subsection (a-7) of Section 5;(3) to identify photography and storage options for     hospitals to comply with the photo documentation requirements in Sections 5 and 5.1;(4) to develop a model written agreement for use by     rape crisis centers, hospitals, and approved pediatric health care facilities with sexual assault treatment plans to comply with subsection (c) of Section 2;(5) to develop and distribute educational information     regarding the implementation of this Act to hospitals, health care providers, rape crisis centers, children's advocacy centers, State's Attorney's offices;(6) to examine the role of telemedicine in the     provision of medical forensic services under this Act and to develop recommendations for statutory change and standards and procedures for the use of telemedicine to be adopted by the Department;(7) to seek inclusion of the International     Association of Forensic Nurses Sexual Assault Nurse Examiner Education Guidelines for nurses within the registered nurse training curriculum in Illinois nursing programs and the American College of Emergency Physicians Management of the Patient with the Complaint of Sexual Assault for emergency physicians within the Illinois residency training curriculum for emergency physicians; and(8) to submit a report to the General Assembly by     January 1, 2024 regarding the status of implementation of this amendatory Act of the 100th General Assembly, including, but not limited to, the impact of transfers to out-of-state hospitals on sexual assault survivors and the availability of treatment hospitals in Illinois. The report shall also cover the impact of medical forensic services provided at approved federally qualified health centers on sexual assault survivors. The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct.(d) This Section is repealed on January 1, 2025.
(Source: P.A. 102-538, eff. 8-20-21; 102-1097, eff. 6-16-22.)(Text of Section from P.A. 102-1106)(Section scheduled to be repealed on January 1, 2025)Sec. 9.5. Sexual Assault Medical Forensic Services Implementation Task Force.(a) The Sexual Assault Medical Forensic Services Implementation Task Force is created to assist hospitals and approved pediatric health care facilities with the implementation of the changes made by this amendatory Act of the l00th General Assembly. The Task Force shall consist of the following members, who shall serve without compensation:(1) one member of the Senate appointed by the     President of the Senate, who may designate an alternate member;(2) one member of the Senate appointed by the     Minority Leader of the Senate, who may designate an alternate member;(3) one member of the House of Representatives     appointed by the Speaker of the House of Representatives, who may designate an alternate member;(4) one member of the House of Representatives     appointed by the Minority Leader of the House of Representatives, who may designate an alternate member;(5) two members representing the Office of the     Attorney General appointed by the Attorney General, one of whom shall be the Sexual Assault Nurse Examiner Coordinator for the State of Illinois;(6) one member representing the Department of Public     Health appointed by the Director of Public Health;(7) one member representing the Illinois State Police     appointed by the Director of the Illinois State Police;(8) one member representing the Department of     Healthcare and Family Services appointed by the Director of Healthcare and Family Services;(9) six members representing hospitals appointed by     the head of a statewide organization representing the interests of hospitals in Illinois, at least one of whom shall represent small and rural hospitals and at least one of these members shall represent urban hospitals;(10) one member representing physicians appointed by     the head of a statewide organization representing the interests of physicians in Illinois;(11) one member representing emergency physicians     appointed by the head of a statewide organization representing the interests of emergency physicians in Illinois;(12) two members representing child abuse     pediatricians appointed by the head of a statewide organization representing the interests of child abuse pediatricians in Illinois, at least one of whom shall represent child abuse pediatricians providing medical forensic services in rural locations and at least one of whom shall represent child abuse pediatricians providing medical forensic services in urban locations;(13) one member representing nurses appointed by the     head of a statewide organization representing the interests of nurses in Illinois;(14) two members representing sexual assault nurse     examiners appointed by the head of a statewide organization representing the interests of forensic nurses in Illinois, at least one of whom shall represent pediatric/adolescent sexual assault nurse examiners and at least one of these members shall represent adult/adolescent sexual assault nurse examiners;(15) one member representing State's Attorneys     appointed by the head of a statewide organization representing the interests of State's Attorneys in Illinois;(16) three members representing sexual assault     survivors appointed by the head of a statewide organization representing the interests of sexual assault survivors and rape crisis centers, at least one of whom shall represent rural rape crisis centers and at least one of whom shall represent urban rape crisis centers; and(17) two members representing children's advocacy     centers appointed by the head of a statewide organization representing the interests of children's advocacy centers in Illinois, one of whom represents rural child advocacy centers and one of whom represents urban child advocacy centers.The members representing the Office of the Attorney General and the Department of Public Health shall serve as co-chairpersons of the Task Force. The Office of the Attorney General shall provide administrative and other support to the Task Force.(b) The first meeting of the Task Force shall be called by the co-chairpersons no later than 90 days after the effective date of this Section.(c) The goals of the Task Force shall include, but not be limited to, the following:(1) to facilitate the development of areawide     treatment plans among hospitals and pediatric health care facilities;(2) to facilitate the development of on-call systems     of qualified medical providers and assist hospitals with the development of plans to employ or contract with a qualified medical provider to initiate medical forensic services to a sexual assault survivor within 90 minutes of the patient presenting to the hospital as required in subsection (a-7) of Section 5;(3) to identify photography and storage options for     hospitals to comply with the photo documentation requirements in Sections 5 and 5.1;(4) to develop a model written agreement for use by     rape crisis centers, hospitals, and approved pediatric health care facilities with sexual assault treatment plans to comply with subsection (c) of Section 2;(5) to develop and distribute educational information     regarding the implementation of this Act to hospitals, health care providers, rape crisis centers, children's advocacy centers, State's Attorney's offices;(6) to examine the role of telemedicine in the     provision of medical forensic services under this Act and to develop recommendations for statutory change and standards and procedures for the use of telemedicine to be adopted by the Department;(7) to seek inclusion of the International     Association of Forensic Nurses Sexual Assault Nurse Examiner Education Guidelines for nurses within the registered nurse training curriculum in Illinois nursing programs and the American College of Emergency Physicians Management of the Patient with the Complaint of Sexual Assault for emergency physicians within the Illinois residency training curriculum for emergency physicians; and(8) to submit a report to the General Assembly by     January 1, 2024 regarding the status of implementation of this amendatory Act of the 100th General Assembly, including, but not limited to, the impact of transfers to out-of-state hospitals on sexual assault survivors, the availability of treatment hospitals in Illinois, and the status of pediatric sexual assault care. The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct.(d) This Section is repealed on January 1, 2025.
(Source: P.A. 102-538, eff. 8-20-21; 102-1106, eff. 12-14-22.) (410 ILCS 70/10)Sec. 10. Sexual Assault Nurse Examiner Program.(a) The Sexual Assault Nurse Examiner Program is established within the Office of the Attorney General. The Sexual Assault Nurse Examiner Program shall maintain a list of sexual assault nurse examiners who have completed didactic and clinical training requirements consistent with the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses.(b) By March 1, 2019, the Sexual Assault Nurse Examiner Program shall develop and make available to hospitals 2 hours of online sexual assault training for emergency department clinical staff to meet the training requirement established in subsection (a) of Section 2. Notwithstanding any other law regarding ongoing licensure requirements, such training shall count toward the continuing medical education and continuing nursing education credits for physicians, physician assistants, advanced practice registered nurses, and registered professional nurses.The Sexual Assault Nurse Examiner Program shall provide didactic and clinical training opportunities consistent with the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses, in sufficient numbers and geographical locations across the State, to assist hospitals with training the necessary number of sexual assault nurse examiners to comply with the requirement of this Act to employ or contract with a qualified medical provider to initiate medical forensic services to a
sexual assault survivor within 90 minutes of the patient
presenting to the hospital as required in subsection (a-7) of Section 5.The Sexual Assault Nurse Examiner Program shall assist hospitals in establishing trainings to achieve the requirements of this Act.For the purpose of providing continuing medical education credit in accordance with the Medical Practice Act of 1987 and administrative rules adopted under the Medical Practice Act of 1987 and continuing education credit in accordance with the Nurse Practice Act and administrative rules adopted under the Nurse Practice Act to health care professionals for the completion of sexual assault training provided by the Sexual Assault Nurse Examiner Program under this Act, the Office of the Attorney General shall be considered a State agency.(c) The Sexual Assault Nurse Examiner Program, in consultation with qualified medical providers, shall create uniform materials that all
treatment hospitals, treatment hospitals with approved pediatric transfer, and approved pediatric health care facilities are
required to give patients and non-offending parents or legal
guardians, if applicable, regarding the medical forensic exam
procedure, laws regarding consenting to medical forensic
services, and the benefits and risks of evidence collection,
including recommended time frames for evidence collection
pursuant to evidence-based research. These materials shall be
made available to all hospitals and approved pediatric health
care facilities on the Office of the Attorney General's
website.(d) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (410 ILCS 70/10-1)(Section scheduled to be repealed on December 31, 2023)Sec. 10-1. Sexual Assault Nurse Examiner Program.(a) The Sexual Assault Nurse Examiner Program is established within the Office of the Attorney General. The Sexual Assault Nurse Examiner Program shall maintain a list of sexual assault nurse examiners who have completed didactic and clinical training requirements consistent with the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses.(b) By March 1, 2019, the Sexual Assault Nurse Examiner Program shall develop and make available to hospitals 2 hours of online sexual assault training for emergency department clinical staff to meet the training requirement established in subsection (a) of Section 2-1. Notwithstanding any other law regarding ongoing licensure requirements, such training shall count toward the continuing medical education and continuing nursing education credits for physicians, physician assistants, advanced practice registered nurses, and registered professional nurses.The Sexual Assault Nurse Examiner Program shall provide didactic and clinical training opportunities consistent with the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses, in sufficient numbers and geographical locations across the State, to assist hospitals with training the necessary number of sexual assault nurse examiners to comply with the requirement of this Act to employ or contract with a qualified medical provider to initiate medical forensic services to a
sexual assault survivor within 90 minutes of the patient
presenting to the hospital as required in subsection (a-7) of Section 5-1.The Sexual Assault Nurse Examiner Program shall assist hospitals in establishing trainings to achieve the requirements of this Act.For the purpose of providing continuing medical education credit in accordance with the Medical Practice Act of 1987 and administrative rules adopted under the Medical Practice Act of 1987 and continuing education credit in accordance with the Nurse Practice Act and administrative rules adopted under the Nurse Practice Act to health care professionals for the completion of sexual assault training provided by the Sexual Assault Nurse Examiner Program under this Act, the Office of the Attorney General shall be considered a State agency.(c) The Sexual Assault Nurse Examiner Program, in consultation with qualified medical providers, shall create uniform materials that all treatment hospitals, treatment hospitals with approved pediatric transfer, approved pediatric health care facilities, and approved federallyqualified health centers are required to give patients and non-offending parents or legal guardians, if applicable, regarding the medical forensic exam procedure, laws regarding consenting to medical forensic services, and the benefits and risks of evidence collection, including recommended time frames for evidence collection pursuant to evidence-based research. These materials shall be made available to all hospitals, approved pediatric health care facilities, and approved federally qualified health centers on the Office of the Attorney General's website.(d) This Section is repealed on December 31, 2023. 
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.)
(410 ILCS 705/Art. 1 heading) 
Article 1. Short Title; Findings; Definitions
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/1-1)Sec. 1-1. Short title. This Act may be cited as the Cannabis Regulation and Tax Act.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/1-5)Sec. 1-5. Findings.(a) In the interest of allowing law enforcement to focus on violent and property crimes, generating revenue for education, substance abuse prevention and treatment, freeing public resources to invest in communities and other public purposes, and individual freedom, the General Assembly finds and declares that the use of cannabis should be legal for persons 21 years of age or older and should be taxed in a manner similar to alcohol.(b) In the interest of the health and public safety of the residents of Illinois, the General Assembly further finds and declares that cannabis should be regulated in a manner similar to alcohol so that:(1) persons will have to show proof of age before     purchasing cannabis;(2) selling, distributing, or transferring cannabis     to minors and other persons under 21 years of age shall remain illegal;(3) driving under the influence of cannabis,     operating a watercraft under the influence of cannabis, and operating a snowmobile under the influence of cannabis  shall remain illegal;(4) legitimate, taxpaying business people, and not     criminal actors, will conduct sales of cannabis;(5) cannabis sold in this State will be tested,     labeled, and subject to additional regulation to ensure that purchasers are informed and protected; and(6) purchasers will be informed of any known health     risks associated with the use of cannabis, as concluded by evidence-based, peer reviewed research.(c) The General Assembly further finds and declares that it is necessary to ensure consistency and fairness in the application of this Act throughout the State and that, therefore, the matters addressed by this Act are, except as specified in this Act, matters of statewide concern.(d) The General Assembly further finds and declares that this Act shall not diminish the State's duties and commitment to seriously ill patients registered under the Compassionate Use of Medical Cannabis Program Act, nor alter the protections granted to them.(e) The General Assembly supports and encourages labor neutrality in the cannabis industry and further finds and declares that employee workplace safety shall not be diminished and employer workplace policies shall be interpreted broadly to protect employee safety.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/1-7)Sec. 1-7. Lawful user and lawful products. For the purposes of this Act and to clarify the legislative findings on the lawful use of cannabis, a person shall not be considered an unlawful user or addicted to narcotics solely as a result of his or her possession or use of cannabis or cannabis paraphernalia in accordance with this Act.
(Source: P.A. 101-593, eff. 12-4-19.) (410 ILCS 705/1-10)Sec. 1-10. Definitions. In this Act:"Adult Use Cultivation Center License" means a license issued by the Department of Agriculture that permits a person to act as a cultivation center under this Act and any administrative rule made in furtherance of this Act."Adult Use Dispensing Organization License" means a license issued by the Department of Financial and Professional Regulation that permits a person to act as a dispensing organization under this Act and any administrative rule made in furtherance of this Act."Advertise" means to engage in promotional activities including, but not limited to: newspaper, radio, Internet and electronic media, and television advertising; the distribution of fliers and circulars; billboard advertising; and the display of window and interior signs. "Advertise" does not mean exterior signage displaying only the name of the licensed cannabis business establishment."Application points" means the number of points a Dispensary Applicant receives on an application for a Conditional Adult Use Dispensing Organization License."BLS Region" means a region in Illinois used by the United States Bureau of Labor Statistics to gather and categorize certain employment and wage data. The 17 such regions in Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion, Champaign-Urbana, Chicago-Naperville-Elgin, Danville, Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, Rockford, St. Louis, Springfield, Northwest Illinois nonmetropolitan area, West Central Illinois nonmetropolitan area, East Central Illinois nonmetropolitan area, and South Illinois nonmetropolitan area."By lot" means a randomized method of choosing between 2 or more Eligible Tied Applicants or 2 or more Qualifying Applicants."Cannabis" means marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act. "Cannabis" also means cannabis flower, concentrate,  and cannabis-infused products."Cannabis business establishment" means a cultivation center, craft grower, processing organization, infuser organization, dispensing organization, or transporting organization."Cannabis concentrate" means a product derived from cannabis that is produced by extracting cannabinoids, including tetrahydrocannabinol (THC),  from the plant through the use of propylene glycol, glycerin, butter, olive oil, or other typical cooking fats; water, ice, or dry ice; or butane, propane, CO2, ethanol, or isopropanol and with the intended use of smoking or making a cannabis-infused product. The use of any other solvent is expressly prohibited unless and until it is approved by the Department of Agriculture."Cannabis container" means a sealed or resealable, traceable, container, or package used for the purpose of containment of cannabis or cannabis-infused product during transportation."Cannabis flower" means marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis; including raw kief, leaves, and buds, but not resin that has been extracted from any part of such plant; nor any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin."Cannabis-infused product" means a beverage, food, oil, ointment, tincture, topical formulation, or another product containing cannabis or cannabis concentrate that is not intended to be smoked."Cannabis paraphernalia" means equipment, products, or materials intended to be used for planting, propagating, cultivating, growing, harvesting, manufacturing, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, or otherwise introducing cannabis into the human body."Cannabis plant monitoring system" or "plant monitoring system" means a system that includes, but is not limited to, testing and data collection established and maintained by the cultivation center, craft grower, or processing organization and that is available to the Department of Revenue, the Department of Agriculture, the Department of Financial and Professional Regulation, and the Illinois State Police for the purposes of documenting each cannabis plant and monitoring plant development throughout the life cycle of a cannabis plant cultivated for the intended use by a customer from seed planting to final packaging."Cannabis testing facility" means an entity registered by the Department of Agriculture to test cannabis for potency and contaminants."Clone" means a plant section from a female cannabis plant not yet rootbound, growing in a water solution or other propagation matrix, that is capable of developing into a new plant."Community College Cannabis Vocational Training Pilot Program faculty participant" means a person who is 21 years of age or older, licensed by the Department of Agriculture, and is employed or contracted by an Illinois community college to provide student instruction using cannabis plants at an Illinois Community College."Community College Cannabis Vocational Training Pilot Program faculty participant Agent Identification Card" means a document issued by the Department of Agriculture that identifies a person as a Community College Cannabis Vocational Training Pilot Program faculty participant."Conditional Adult Use Dispensing Organization License" means a contingent license awarded to applicants for an Adult Use Dispensing Organization License that reserves the right to an Adult Use Dispensing Organization License if the applicant meets certain conditions described in this Act, but does not entitle the recipient to begin purchasing or selling cannabis or cannabis-infused products."Conditional Adult Use Cultivation Center License" means a license awarded to top-scoring applicants for an Adult Use Cultivation Center License that reserves the right to an Adult Use Cultivation Center License if the applicant meets certain conditions as determined by the Department of Agriculture by rule, but does not entitle the recipient to begin growing, processing, or selling cannabis or cannabis-infused products."Craft grower" means a facility operated by an organization or business that is licensed by the Department of Agriculture to cultivate, dry, cure, and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization. A craft grower may contain up to 5,000 square feet of canopy space on its premises for plants in the flowering state.  The Department of Agriculture may authorize an increase or decrease of flowering stage cultivation space in increments of 3,000 square feet by rule based on market need, craft grower capacity, and the licensee's history of compliance or noncompliance, with a maximum space of 14,000 square feet for cultivating plants in the flowering stage, which must be cultivated in all stages of growth in an enclosed and secure area. A craft grower may share premises with a processing organization or a dispensing organization, or both, provided each licensee stores currency and cannabis or cannabis-infused products in a separate secured vault to which the other licensee does not have access or all licensees sharing a vault share more than 50% of the same ownership."Craft grower agent" means a principal officer, board member, employee, or other agent of a craft grower who is 21 years of age or older."Craft Grower Agent Identification Card" means a document issued by the Department of Agriculture that identifies a person as a craft grower agent."Cultivation center" means a facility operated by an organization or business that is licensed by the Department of Agriculture to cultivate, process, transport (unless otherwise limited by this Act), and perform other necessary activities to provide cannabis and cannabis-infused products to cannabis business establishments."Cultivation center agent" means a principal officer, board member, employee, or other agent of a cultivation center who is 21 years of age or older."Cultivation Center Agent Identification Card" means a document issued by the Department of Agriculture that identifies a person as a cultivation center agent."Currency" means currency and coin of the United States."Dispensary" means a facility operated by a dispensing organization at which activities licensed by this Act may occur."Dispensary Applicant" means the Proposed Dispensing Organization Name as stated on an application for a Conditional Adult Use Dispensing Organization License."Dispensing organization" means a facility operated by an organization or business that is licensed by the Department of Financial and Professional Regulation to acquire cannabis from a cultivation center, craft grower, processing organization, or another dispensary for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies under this Act to purchasers or to qualified registered medical cannabis patients and caregivers. As used in this Act, "dispensing organization" includes a registered medical cannabis organization as defined in the Compassionate Use of Medical Cannabis Program Act or its successor Act that has obtained an Early Approval Adult Use Dispensing Organization License."Dispensing organization agent" means a principal officer, employee, or agent of a dispensing organization who is 21 years of age or older."Dispensing organization agent identification card" means a document issued by the Department of Financial and Professional Regulation that identifies a person as a dispensing organization agent."Disproportionately Impacted Area" means a census tract or comparable geographic area that satisfies the following criteria as determined by the Department of Commerce and Economic Opportunity, that:(1) meets at least one of the following criteria:(A) the area has a poverty rate of at least 20%         according to the latest federal decennial census; or(B) 75% or more of the children in the area         participate in the federal free lunch program according to reported statistics from the State Board of Education; or(C) at least 20% of the households in the area         receive assistance under the Supplemental Nutrition Assistance Program; or(D) the area has an average unemployment rate, as         determined by the Illinois Department of Employment Security, that is more than 120% of the national unemployment average, as determined by the United States Department of Labor, for a period of at least 2 consecutive calendar years preceding the date of the application; and(2) has high rates of arrest, conviction, and     incarceration related to the sale, possession, use, cultivation, manufacture, or transport of cannabis."Early Approval Adult Use Cultivation Center License" means a license that permits a medical cannabis cultivation center licensed under the Compassionate Use of Medical Cannabis Program Act as of the effective date of this Act to begin cultivating, infusing, packaging, transporting (unless otherwise provided in this Act), processing, and selling cannabis or cannabis-infused product to cannabis business establishments for resale to purchasers as permitted by this Act as of January 1, 2020."Early Approval Adult Use Dispensing Organization License" means a license that permits a medical cannabis dispensing organization licensed under the Compassionate Use of Medical Cannabis Program Act as of the effective date of this Act to begin selling cannabis or cannabis-infused product to purchasers as permitted by this Act as of January 1, 2020."Early Approval Adult Use Dispensing Organization at a secondary site" means a license that permits a medical cannabis dispensing organization licensed under the Compassionate Use of Medical Cannabis Program Act as of the effective date of this Act to begin selling cannabis or cannabis-infused product to purchasers as permitted by this Act on January 1, 2020 at a different dispensary location from its existing registered medical dispensary location."Eligible Tied Applicant" means a Tied Applicant that is eligible to participate in the process by which a remaining available license is distributed by lot pursuant to a Tied Applicant Lottery."Enclosed, locked facility" means a room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by cannabis business establishment agents working for the licensed cannabis business establishment or acting pursuant to this Act to cultivate, process, store, or distribute cannabis."Enclosed, locked space" means a closet, room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by authorized individuals under this Act. "Enclosed, locked space" may include:(1) a space within a residential building that (i) is     the primary residence of the individual cultivating 5 or fewer cannabis plants that are more than 5 inches tall and (ii) includes sleeping quarters and indoor plumbing. The space must only be accessible by a key or code that is different from any key or code that can be used to access the residential building from the exterior; or(2) a structure, such as a shed or greenhouse, that     lies on the same plot of land as a residential building that (i) includes sleeping quarters and indoor plumbing and (ii) is used as a primary residence by the person cultivating 5 or fewer cannabis plants that are more than 5 inches tall, such as a shed or greenhouse. The structure must remain locked when it is unoccupied by people."Financial institution" has the same meaning as "financial organization" as defined in Section 1501 of the Illinois Income Tax Act, and also includes the holding companies, subsidiaries, and affiliates of such financial organizations."Flowering stage" means the stage of cultivation where and when a cannabis plant is cultivated to produce plant material for cannabis products. This includes mature plants as follows:(1) if greater than 2 stigmas are visible at each     internode of the plant; or(2) if the cannabis plant is in an area that has been     intentionally deprived of light for a period of time intended to produce flower buds and induce maturation, from the moment the light deprivation began through the remainder of the marijuana plant growth cycle."Individual" means a natural person."Infuser organization" or "infuser" means a facility operated by an organization or business that is licensed by the Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product."Kief" means the resinous crystal-like trichomes that are found on cannabis and that are accumulated, resulting in a higher concentration of cannabinoids, untreated by heat or pressure, or extracted using a solvent."Labor peace agreement" means an agreement between a cannabis business establishment and any labor organization recognized under the National Labor Relations Act, referred to in this Act as a bona fide labor organization, that prohibits labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the cannabis business establishment. This agreement means that the cannabis business establishment has agreed not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the cannabis business establishment's employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the cannabis business establishment's employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under State law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization."Limited access area" means a room or other area under the control of a cannabis dispensing organization licensed under this Act and upon the licensed premises where cannabis sales occur with access limited to purchasers, dispensing organization owners and other dispensing organization agents, or service professionals conducting business with the dispensing organization, or, if sales to registered qualifying patients, caregivers, provisional patients, and Opioid Alternative Pilot Program participants licensed pursuant to the Compassionate Use of Medical Cannabis Program Act are also permitted at the dispensary, registered qualifying patients, caregivers, provisional patients, and Opioid Alternative Pilot Program participants."Member of an impacted family" means an individual who has a parent, legal guardian, child, spouse, or dependent, or was a dependent of an individual who, prior to the effective date of this Act, was arrested for, convicted of, or adjudicated delinquent for any offense that is eligible for expungement under this Act."Mother plant" means a cannabis plant that is cultivated or maintained for the purpose of generating clones, and that will not be used to produce plant material for sale to an infuser or dispensing organization."Ordinary public view" means within the sight line with normal visual range of a person, unassisted by visual aids, from a public street or sidewalk adjacent to real property, or from within an adjacent property."Ownership and control" means ownership of at least 51% of the business, including corporate stock if a corporation, and control over the management and day-to-day operations of the business and an interest in the capital, assets, and profits and losses of the business proportionate to percentage of ownership."Person" means a natural individual, firm, partnership, association, joint stock company, joint venture, public or private corporation, limited liability company, or a receiver, executor, trustee, guardian, or other representative appointed by order of any court."Possession limit" means the amount of cannabis under Section 10-10 that may be possessed at any one time by a person 21 years of age or older or who is a registered qualifying medical cannabis patient or caregiver under the Compassionate Use of Medical Cannabis Program Act."Principal officer" includes a cannabis business establishment applicant or licensed cannabis business establishment's board member, owner with more than 1% interest of the total cannabis business establishment or more than 5% interest of the total cannabis business establishment of a publicly traded company, president, vice president, secretary, treasurer, partner, officer, member, manager member, or person with a profit sharing, financial interest, or revenue sharing arrangement. The definition includes a person with authority to control the cannabis business establishment, a person who assumes responsibility for the debts of the cannabis business establishment and who is further defined in this Act."Primary residence" means a dwelling where a person usually stays or stays more often than other locations. It may be determined by, without limitation, presence, tax filings; address on an Illinois driver's license,  an Illinois Identification Card, or an Illinois Person with a Disability Identification Card; or voter registration. No person may have more than one primary residence."Processing organization" or "processor" means a facility operated by an organization or business that is licensed by the Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product."Processing organization agent" means a principal officer, board member, employee, or agent of a processing organization."Processing organization agent identification card" means a document issued by the Department of Agriculture that identifies a person as a processing organization agent."Purchaser" means a person 21 years of age or older who acquires cannabis for a valuable consideration. "Purchaser" does not include a cardholder under the Compassionate Use of Medical Cannabis Program Act."Qualifying Applicant" means an applicant that submitted an application pursuant to Section 15-30 that received at least 85% of 250 application points available under Section 15-30 as the applicant's final score and meets the definition of "Social Equity Applicant" as set forth under this Section."Qualifying Social Equity Justice Involved Applicant" means an applicant that submitted an application pursuant to Section 15-30 that received at least 85% of 250 application points available under Section 15-30 as the applicant's final score and meets the criteria of either paragraph (1) or (2) of the definition of "Social Equity Applicant" as set forth under this Section."Qualified Social Equity Applicant" means a Social Equity Applicant who has been awarded a conditional license under this Act to operate a cannabis business establishment."Resided" means an individual's primary residence was located within the relevant geographic area as established by 2 of the following:(1) a signed lease agreement that includes the     applicant's name;(2) a property deed that includes the applicant's     name;(3) school records;(4) a voter registration card;(5) an Illinois driver's license,  an Illinois     Identification Card, or an Illinois Person with a Disability Identification Card;(6) a paycheck stub;(7) a utility bill;(8) tax records; or(9) any other proof of residency or other information     necessary to establish residence as provided by rule."Smoking" means the inhalation of smoke caused by the combustion of cannabis."Social Equity Applicant" means an applicant that is an Illinois resident that meets one of the following criteria:(1) an applicant with at least 51% ownership and     control by one or more individuals who have resided for at least 5 of the preceding 10 years in a Disproportionately Impacted Area;(2) an applicant with at least 51% ownership and     control by one or more individuals who:(i)  have been arrested for, convicted of, or         adjudicated delinquent for any offense that is eligible for expungement under this Act; or(ii) is a member of an impacted family;(3) for applicants with a minimum of 10 full-time     employees, an applicant with at least 51% of current employees who:(i) currently reside in a Disproportionately         Impacted Area; or(ii) have been arrested for, convicted of, or         adjudicated delinquent for any offense that is eligible for expungement under this Act or member of an impacted family.Nothing in this Act shall be construed to preempt or limit the duties of any employer under the Job Opportunities for Qualified Applicants Act. Nothing in this Act shall permit an employer to require an employee to disclose sealed or expunged offenses, unless otherwise required by law."Tied Applicant" means an application submitted by a Dispensary Applicant pursuant to Section 15-30 that received the same number of application points under Section 15-30 as the Dispensary Applicant's final score as one or more top-scoring applications in the same BLS Region and would have been awarded a license but for the one or more other top-scoring applications that received the same number of application points. Each application for which a Dispensary Applicant was required to pay a required application fee for the application period ending January 2, 2020 shall be considered an application of a separate Tied Applicant."Tied Applicant Lottery" means the process established under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult Use Dispensing Organization Licenses pursuant to Sections 15-25 and 15-30 among Eligible Tied Applicants."Tincture" means a cannabis-infused solution, typically comprised of alcohol, glycerin, or vegetable oils, derived either directly from the cannabis plant or from a processed cannabis extract. A tincture is not an alcoholic liquor as defined in the Liquor Control Act of 1934. A tincture shall include a calibrated dropper or other similar device capable of accurately measuring servings."Transporting organization" or "transporter" means an organization or business that is licensed by the Department of Agriculture to transport cannabis or cannabis-infused product on behalf of a cannabis business establishment or a community college licensed under the Community
College Cannabis Vocational Training Pilot Program."Transporting organization agent" means a principal officer, board member, employee, or agent of a transporting organization."Transporting organization agent identification card" means a document issued by the Department of Agriculture that identifies a person as a transporting organization agent."Unit of local government" means any county, city, village, or incorporated town."Vegetative stage" means the stage of cultivation in which a cannabis plant is propagated to produce additional cannabis plants or reach a sufficient size for production. This includes seedlings, clones, mothers, and other immature cannabis plants as follows:(1) if the cannabis plant is in an area that has not     been intentionally deprived of light for a period of time intended to produce flower buds and induce maturation, it has no more than 2 stigmas visible at each internode of the cannabis plant; or(2) any cannabis plant that is cultivated solely for     the purpose of propagating clones and is never used to produce cannabis.(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(410 ILCS 705/Art. 10 heading) 
Article 10.Personal Use of Cannabis
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/10-5)Sec. 10-5.  Personal use of cannabis; restrictions on cultivation; penalties.(a) Beginning January 1, 2020, notwithstanding any other provision of law, and except as otherwise provided in this Act, the following acts are not a violation of this Act and shall not be a criminal or civil offense under State law or the ordinances of any unit of local government of this State or be a basis for seizure or forfeiture of assets under State law for persons other than natural individuals under 21 years of age:(1) possession, consumption, use, purchase,     obtaining, or transporting cannabis paraphernalia or an amount of cannabis for personal use that does not exceed the possession limit under Section 10-10 or otherwise in accordance with the requirements of this Act;(2) cultivation of cannabis for personal use in     accordance with the requirements of this Act; and(3) controlling property if actions that are     authorized by this Act occur on the property in accordance with this Act.(a-1) Beginning January 1, 2020, notwithstanding any other provision of law, and except as otherwise provided in this Act, possessing, consuming, using, purchasing, obtaining, or transporting cannabis paraphernalia or an amount of cannabis purchased or produced in accordance with this Act that does not exceed the possession limit under subsection (a) of Section 10-10 shall not be a basis for seizure or forfeiture of assets under State law.(b) Cultivating cannabis for personal use is subject to the following limitations:(1) An Illinois resident 21 years of age or older who     is a registered qualifying patient under the Compassionate Use of Medical Cannabis Program Act may cultivate cannabis plants, with a limit of 5 plants that are more than 5 inches tall, per household without a cultivation center or craft grower license. In this Section, "resident" means a person who has been domiciled in the State of Illinois for a period of 30 days before cultivation.(2) Cannabis cultivation must take place in an     enclosed, locked space.(3) Adult registered qualifying patients may purchase     cannabis seeds from a dispensary for the purpose of home cultivation. Seeds may not be given or sold to any other person.(4) Cannabis plants shall not be stored or placed in     a location where they are subject to ordinary public view, as defined in this Act. A registered qualifying patient who cultivates cannabis under this Section shall take reasonable precautions to ensure the plants are secure from unauthorized access, including unauthorized access by a person under 21 years of age.(5) Cannabis cultivation may occur only on     residential property lawfully in possession of the cultivator or with the consent of the person in lawful possession of the property. An owner or lessor of residential property may prohibit the cultivation of cannabis by a lessee.(6) (Blank).(7) A dwelling, residence, apartment, condominium     unit, enclosed, locked space, or piece of property not divided into multiple dwelling units shall not contain more than 5 plants at any one time.(8) Cannabis plants may only be tended by registered     qualifying patients who reside at the residence, or their authorized agent attending to the residence for brief periods, such as when the qualifying patient is temporarily away from the residence.(9) A registered qualifying patient who cultivates     more than the allowable number of cannabis plants, or who sells or gives away cannabis plants, cannabis, or cannabis-infused products produced under this Section, is liable for penalties as provided by law, including the Cannabis Control Act, in addition to loss of home cultivation privileges as established by rule. (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/10-10)Sec. 10-10. Possession limit.(a) Except if otherwise authorized by this Act, for a person who is 21 years of age or older and a resident of this State, the possession limit is as follows:(1) 30 grams of cannabis flower;(2) no more than 500 milligrams of THC contained in     cannabis-infused product;(3) 5 grams of cannabis concentrate; and(4) for registered qualifying patients, any cannabis     produced by cannabis plants grown under subsection (b) of Section 10-5, provided any amount of cannabis produced in excess of 30 grams of raw cannabis or its equivalent must remain secured within the residence or residential property in which it was grown.(b) For a person who is 21 years of age or older and who is not a resident of this State, the possession limit is:(1) 15 grams of cannabis flower;(2) 2.5 grams of cannabis concentrate; and(3) 250 milligrams of THC contained in a     cannabis-infused product.(c) The possession limits found in subsections (a) and (b) of this Section are to be considered cumulative.(d) No person shall knowingly obtain, seek to obtain, or possess an amount of cannabis from a dispensing organization or craft grower that would cause him or her to exceed the possession limit under this Section, including cannabis that is cultivated by a person under this Act or obtained under the Compassionate Use of Medical Cannabis Program Act.(e) Cannabis and cannabis-derived substances regulated under the Industrial Hemp Act are not covered by this Act. (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/10-15)Sec. 10-15. Persons under 21 years of age.(a) Nothing in this Act is intended to permit the transfer of cannabis, with or without remuneration, to a person under 21 years of age, or to allow a person under 21 years of age to purchase, possess, use, process, transport, grow, or consume cannabis except where authorized by the Compassionate Use of Medical Cannabis Program Act or by the Community College Cannabis Vocational Pilot Program.(b) Notwithstanding any other provisions of law authorizing the possession of medical cannabis, nothing in this Act authorizes a person who is under 21 years of age to possess cannabis. A person under 21 years of age with cannabis in his or her possession is guilty of a civil law violation as outlined in paragraph (a) of  Section 4 of the Cannabis Control Act.(c) If the person under the age of 21 was in a motor vehicle at the time of the offense, the Secretary of State may suspend or revoke the driving privileges of any person for a violation of this Section under Section 6-206 of the Illinois Vehicle Code and the rules adopted under it.(d) It is unlawful for any parent or guardian to knowingly permit his or her residence, any other private property under his or her control, or any vehicle, conveyance, or watercraft under his or her control to be used by an invitee of the parent's child or the guardian's ward, if the invitee is under the age of 21, in a manner that constitutes a violation of this Section. A parent or guardian is deemed to have knowingly permitted his or her residence, any other private property under his or her control, or any vehicle, conveyance, or watercraft under his or her control to be used in violation of this Section if he or she knowingly authorizes or permits consumption of cannabis by underage invitees. Any person who violates this subsection (d) is guilty of a Class A misdemeanor and the person's sentence shall include, but shall not be limited to, a fine of not less than $500. If a violation of this subsection (d) directly or indirectly results in great bodily harm or death to any person, the person violating this subsection is guilty of a Class 4 felony. In this subsection (d), where the residence or other property has an owner and a tenant or lessee, the trier of fact may infer that the residence or other property is occupied only by the tenant or lessee.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/10-20)Sec. 10-20. Identification; false identification; penalty.(a) To protect personal privacy, the Department of Financial and Professional Regulation shall not require a purchaser to provide a dispensing organization with personal information other than government-issued identification to determine the purchaser's age, and a dispensing organization shall not obtain and record personal information about a purchaser without the purchaser's consent. A dispensing organization shall use an electronic reader or electronic scanning device to scan a purchaser's government-issued identification, if applicable, to determine the purchaser's age and the validity of the identification. Any identifying or personal information of a purchaser obtained or received in accordance with this Section shall not be retained, used, shared or disclosed for any purpose except as authorized by this Act.(b) A person who is under 21 years of age may not present or offer to a cannabis business establishment or the cannabis business establishment's principal or employee any written or oral evidence of age that is false, fraudulent, or not actually the person's own, for the purpose of:(1) purchasing, attempting to purchase, or otherwise     obtaining or attempting to obtain cannabis or any cannabis product; or(2) gaining access to a cannabis business     establishment.(c) A violation of this Section is a Class A misdemeanor consistent with Section 6-20 of the Liquor Control Act of 1934.(d) The Secretary of State may suspend or revoke the driving privileges of any person for a violation of this Section under Section 6-206 of the Illinois Vehicle Code and the rules adopted under it.(e) No agent or employee of the licensee shall be disciplined or discharged for selling or furnishing cannabis or cannabis products to a person under 21 years of age if the agent or employee demanded and was shown, before furnishing cannabis or cannabis products to a person under 21 years of age, adequate written evidence of age and identity of the person. This subsection (e)  does not apply if the agent or employee accepted the written evidence knowing it to be false or fraudulent. Adequate written evidence of age and identity of the person is a document issued by a federal, State, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the Military Selective Service Act, or an identification card issued to a member of the Armed Forces. Proof that the licensee or his or her employee or agent was shown and reasonably relied upon such written evidence in any transaction forbidden by this Section is an affirmative defense in any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/10-25)Sec. 10-25.  Immunities and presumptions related to the use of cannabis by purchasers.(a) A purchaser who is 21 years of age or older is not subject to arrest, prosecution, denial of any right or privilege, or other punishment including, but not limited to, any civil penalty or disciplinary action taken by an occupational or professional licensing board, based solely on the use of cannabis if (1) the purchaser possesses an amount of cannabis that does not exceed the possession limit under Section 10-10 and, if the purchaser is licensed, certified, or registered to practice any trade or profession under any Act and (2) the use of cannabis does not impair that person when he or she is engaged in the practice of the profession for which he or she is licensed, certified, or registered.(b) A purchaser 21 years of age or older is not subject to arrest, prosecution, denial of any right or privilege, or other punishment, including, but not limited to, any civil penalty or disciplinary action taken by an occupational or professional licensing board, based solely for (i) selling cannabis paraphernalia if employed and licensed as a dispensing agent by a dispensing organization; (ii) being in the presence or vicinity of the use of cannabis or cannabis paraphernalia as allowed under this Act; or (iii) possessing cannabis paraphernalia.(c) Mere possession of, or application for, an agent identification card or license does not constitute probable cause or reasonable suspicion to believe that a crime has been committed, nor shall it be used as the sole basis to support the search of the person, property, or home of the person possessing or applying for the agent identification card. The possession of, or application for, an agent identification card does not preclude the existence of probable cause if probable cause exists based on other grounds.(d) No person employed by the State of Illinois shall be subject to criminal or civil penalties for taking any action in good faith in reliance on this Act when acting within the scope of his or her employment. Representation and indemnification shall be provided to State employees as set forth in Section 2 of the State Employee Indemnification Act.(e) No law enforcement or correctional agency, nor any person employed by a law enforcement or correctional agency, shall be subject to criminal or civil liability, except for willful and wanton misconduct, as a result of taking any action within the scope of the official duties of the agency or person to prohibit or prevent the possession or use of cannabis by a person incarcerated at a correctional facility, jail, or municipal lockup facility, on parole or mandatory supervised release, or otherwise under the lawful jurisdiction of the agency or person.(f) For purposes of receiving medical care, including organ transplants, a person's use of cannabis under this Act does not constitute the use of an illicit substance or otherwise disqualify a person from medical care.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/10-30)Sec. 10-30. Discrimination prohibited.(a) Neither the presence of cannabinoid components or metabolites in a person's bodily fluids nor possession of cannabis-related paraphernalia, nor conduct related to the use of cannabis or the participation in cannabis-related activities lawful under this Act by a custodial or noncustodial parent, grandparent, legal guardian, foster parent, or other person charged with the well-being of a child, shall form the sole or primary basis or supporting basis for any action or proceeding by a child welfare agency or in a family or juvenile court, any adverse finding, adverse evidence, or restriction of any right or privilege in a proceeding related to adoption of a child, acting as a foster parent of a child, or a person's fitness to adopt a child or act as a foster parent of a child, or serve as the basis of any adverse finding, adverse evidence, or restriction of any right of privilege in a proceeding related to guardianship, conservatorship, trusteeship, the execution of a will, or the management of an estate, unless the person's actions in relation to cannabis created an unreasonable danger to the safety of the minor or otherwise show the person to not be competent as established by clear and convincing evidence. This subsection applies only to conduct protected under this Act.(b) No landlord may be penalized or denied any benefit under State law for leasing to a person who uses cannabis under this Act.(c) Nothing in this Act may be construed to require any person or establishment in lawful possession of property to allow a guest, client, lessee, customer, or visitor to use cannabis on or in that property, including on any land owned in whole or in part or managed in whole or in part by the State.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/10-35)Sec. 10-35. Limitations and penalties.(a) This Act does not permit any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, any of the following conduct:(1) undertaking any task under the influence of     cannabis when doing so would constitute negligence, professional malpractice, or professional misconduct;(2) possessing cannabis:(A) in a school bus, unless permitted for a         qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;(B) on the grounds of any preschool or primary or         secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;(C) in any correctional facility;(D) in a vehicle not open to the public unless         the cannabis is in a reasonably secured, sealed or resealable container and reasonably inaccessible while the vehicle is moving; or(E) in a private residence that is used at any         time to provide licensed child care or other similar social service care on the premises;(3) using cannabis:(A) in a school bus, unless permitted for a         qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;(B) on the grounds of any preschool or primary or         secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;(C) in any correctional facility;(D) in any motor vehicle;(E) in a private residence that is used at any         time to provide licensed child care or other similar social service care on the premises;(F) in any public place; or(G) knowingly in close physical proximity to         anyone under 21 years of age who is not a registered medical cannabis patient under the Compassionate Use of Medical Cannabis Program Act;(4) smoking cannabis in any place where smoking is     prohibited under the Smoke Free Illinois Act;(5) operating, navigating, or being in actual     physical control of any motor vehicle, aircraft, watercraft, or snowmobile while using or under the influence of cannabis in violation of Section 11-501 or 11-502.1 of the Illinois Vehicle Code, Section 5-16 of the Boat Registration and Safety Act, or Section 5-7 of the Snowmobile Registration and Safety Act;(6) facilitating the use of cannabis by any person     who is not allowed to use cannabis under this Act or the Compassionate Use of Medical Cannabis Program Act;(7) transferring cannabis to any person contrary to     this Act or the Compassionate Use of Medical Cannabis Program Act;(8) the use of cannabis by a law enforcement officer,     corrections officer, probation officer, or firefighter while on duty; nothing in this Act prevents a public employer of law enforcement officers, corrections officers, probation officers, paramedics, or firefighters from prohibiting or taking disciplinary action for the consumption, possession, sales, purchase, or delivery of cannabis or cannabis-infused substances while on or off duty, unless provided for in the employer's policies.  However, an employer may not take adverse employment action against an employee based solely on the lawful possession or consumption of cannabis or cannabis-infused substances by members of the employee's household. To the extent that this Section conflicts with any applicable collective bargaining agreement, the provisions of the collective bargaining agreement shall prevail. Further, nothing in this Act shall be construed to limit in any way the right to collectively bargain over the subject matters contained in this Act; or(9) the use of cannabis by a person who has a school     bus permit or a Commercial Driver's License while on duty.As used in this Section, "public place" means any place where a person could reasonably be expected to be observed by others. "Public place" includes all parts of buildings owned in whole or in part, or leased, by the State or a unit of local government. "Public place" includes all areas in a park, recreation area, wildlife area, or playground owned in whole or in part, leased, or managed by the State or a unit of local government. "Public place" does not include a private residence unless the private residence is used to provide licensed child care, foster care, or other similar social service care on the premises.(b) Nothing in this Act shall be construed to prevent the arrest or prosecution of a person for reckless driving or driving under the influence of cannabis, operating a watercraft under the influence of cannabis, or operating a snowmobile under the influence of cannabis  if probable cause exists.(c) Nothing in this Act shall prevent a private business from restricting or prohibiting the use of cannabis on its property, including areas where motor vehicles are parked.(d) Nothing in this Act shall require an individual or business entity to violate the provisions of federal law, including colleges or universities that must abide by the Drug-Free Schools and Communities Act Amendments of 1989, that require campuses to be drug free.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-98, eff. 7-15-21.) (410 ILCS 705/10-40)Sec. 10-40. Restore, Reinvest, and Renew Program.(a) The General Assembly finds that in order to address the disparities described below, aggressive approaches and targeted resources to support local design and control of community-based responses to these outcomes are required. To carry out this intent, the Restore, Reinvest, and Renew (R3) Program is created for the following purposes:(1) to directly address the impact of economic     disinvestment, violence, and the historical overuse of criminal justice responses to community and individual needs by providing resources to support local design and control of community-based responses to these impacts;(2) to substantially reduce both the total amount of     gun violence and concentrated poverty in this State;(3) to protect communities from gun violence through     targeted investments and intervention programs, including economic growth and improving family violence prevention, community trauma treatment rates, gun injury victim services, and public health prevention activities;(4) to promote employment infrastructure and capacity     building related to the social determinants of health in the eligible community areas.(b) In this Section, "Authority" means the Illinois Criminal Justice Information Authority in coordination with the Justice, Equity, and Opportunity Initiative of the Lieutenant Governor's Office.(c) Eligibility of R3 Areas. Within 180 days after the
effective date of this Act, the Authority shall identify as
eligible, areas in this State by way of historically recognized
geographic boundaries, to be designated by the Restore, Reinvest, and Renew  Program Board as R3 Areas and therefore eligible
to apply for R3 funding. Local groups within R3 Areas will be
eligible to apply for State funding through the Restore, Reinvest, and Renew Program Board. Qualifications for designation as an R3 Area are as follows:(1) Based on an analysis of data, communities in this     State that are high need, underserved, disproportionately impacted by historical economic disinvestment, and ravaged by violence as indicated by the highest rates of gun injury, unemployment, child poverty rates, and commitments to and returns from the Illinois Department of Corrections.(2) The Authority shall send to the Legislative Audit     Commission and make publicly available its analysis and identification of eligible R3 Areas and shall recalculate the eligibility data every 4 years. On an annual basis, the Authority shall analyze data and indicate if data covering any R3 Area or portion of an Area has, for 4 consecutive years, substantially deviated from the average of statewide data on which the original calculation was made to determine the Areas, including disinvestment, violence, gun injury, unemployment, child poverty rates, or commitments to or returns from the Illinois Department of Corrections.(d) The Restore, Reinvest, and Renew Program Board shall encourage collaborative partnerships within each R3 Area to minimize multiple partnerships per Area.(e) The Restore, Reinvest, and Renew Program Board is created and shall reflect the diversity of the State of Illinois, including geographic, racial, and ethnic diversity. Using the data provided by the Authority, the Restore, Reinvest, and Renew Program Board shall be responsible for designating the R3 Area boundaries and for the selection and oversight of R3 Area grantees. The Restore, Reinvest, and Renew Program Board ex officio members shall, within 4 months after the effective date of this Act, convene the Board to appoint a full Restore, Reinvest, and Renew Program Board and oversee, provide guidance to, and develop an administrative structure for the R3 Program.(1) The ex officio members are:(A) The Lieutenant Governor, or his or her             designee, who shall serve as chair.(B) The Attorney General, or his or her             designee.(C) The Director of Commerce and Economic             Opportunity, or his or her designee.(D) The Director of Public Health, or his or             her designee.(E) The Director of Corrections, or his or             her designee.(F) The Director of Juvenile Justice, or his             or her designee.(G) The Director of Children and Family             Services, or his or her designee.(H) The Executive Director of the Illinois             Criminal Justice Information Authority, or his or her designee.(I) The Director of Employment Security, or             his or her designee.(J) The Secretary of Human Services, or his             or her designee.(K) A member of the Senate, designated by the             President of the Senate.(L) A member of the House of Representatives,             designated by the Speaker of the House of Representatives.(M) A member of the Senate, designated by the             Minority Leader of the Senate.(N) A member of the House of Representatives,             designated by the Minority Leader of the House of Representatives.(2) Within 90 days after the R3 Areas have been     designated by the Restore, Reinvest, and Renew Program Board, the following members shall be appointed to the Board by the R3 board chair:(A) Eight public officials of municipal         geographic jurisdictions in the State that include an R3 Area, or their designees;(B) Four community-based providers or community         development organization representatives who provide services to treat violence and address the social determinants of health, or promote community investment, including, but not limited to, services such as job placement and training, educational services, workforce development programming, and wealth building. The community-based organization representatives shall work primarily in jurisdictions that include an R3 Area and no more than 2 representatives shall work primarily in Cook County. At least one of the community-based providers shall have expertise in providing services to an immigrant population;(C) Two experts in the field of violence         reduction;(D) One male who has previously been incarcerated         and is over the age of 24 at the time of appointment;(E) One female who has previously been         incarcerated and is over the age of 24 at the time of appointment;(F) Two individuals who have previously been         incarcerated and are between the ages of 17 and 24 at the time of appointment; and(G) Eight individuals who live or work in an R3         Area.As used in this paragraph (2), "an individual who has     been previously incarcerated" means a person who has been convicted of or pled guilty to one or more felonies, who was sentenced to a term of imprisonment, and who has completed his or her sentence. Board members shall serve without compensation and may be reimbursed for reasonable expenses incurred in the performance of their duties from funds appropriated for that purpose. Once all its members have been appointed as outlined in items (A) through (F) of this paragraph (2), the Board may exercise any power, perform any function, take any action, or do anything in furtherance of its purposes and goals upon the appointment of a quorum of its members. The Board terms of the non-ex officio and General Assembly Board members shall end 4 years from the date of appointment. The R3 board chair may remove an individual appointed to the Board who does not regularly attend Board meetings, based on criteria approved by the Board.(f) Within 12 months after the effective date of this Act, the Board shall:(1) develop a process to solicit applications from     eligible R3 Areas;(2) develop a standard template for both planning and     implementation activities to be submitted by R3 Areas to the State;(3) identify resources sufficient to support the full     administration and evaluation of the R3 Program, including building and sustaining core program capacity at the community and State levels;(4) review R3 Area grant applications and proposed     agreements and approve the distribution of resources;(5) develop a performance measurement system that     focuses on positive outcomes;(6) develop a process to support ongoing monitoring     and evaluation of R3 programs; and(7) deliver an annual report to the General Assembly     and to the Governor to be posted on the Governor's Office and General Assembly websites and provide to the public an annual report on its progress.(g) R3 Area grants.(1) Grant funds shall be awarded by the Illinois     Criminal Justice Information Authority, in coordination with the R3 board, based on the likelihood that the plan will achieve the outcomes outlined in subsection (a) and consistent with the requirements of the Grant Accountability and Transparency Act. The R3 Program shall also facilitate the provision of training and technical assistance for capacity building within and among R3 Areas.(2) R3 Program Board grants shall be used to address     economic development, violence prevention services, re-entry services, youth development, and civil legal aid.(3) The Restore, Reinvest, and Renew Program Board     and the R3 Area grantees shall, within a period of no more than 120 days from the completion of planning activities described in this Section, finalize an agreement on the plan for implementation. Implementation activities may:(A) have a basis in evidence or best practice         research or have evaluations demonstrating the capacity to address the purpose of the program in subsection (a);(B) collect data from the inception of planning         activities through implementation, with data collection technical assistance when needed, including cost data and data related to identified meaningful short-term, mid-term, and long-term goals and metrics;(C) report data to the Restore, Reinvest, and         Renew Program Board biannually; and(D) report information as requested by the R3         Program Board.(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-98, eff. 7-15-21.) (410 ILCS 705/10-45)Sec. 10-45. Cannabis Equity Commission.(a) The Cannabis Equity Commission is created and shall reflect the diversity of the State of Illinois, including geographic, racial, and ethnic diversity. The Cannabis Equity Commission shall be responsible for the following:(1)   Ensuring that equity goals in the Illinois     cannabis industry, as stated in Section 10-40, are met.(2)   Tracking and analyzing minorities in the     marketplace.(3)    Ensuring that revenue is being invested     properly into R3 areas under Section 10-40.(4)   Recommending changes to make the law more     equitable to communities harmed the most by the war on drugs.(5)   Create standards to protect true social equity     applicants from predatory businesses.(b) The Cannabis Equity Commission's ex officio members shall, within 4 months after the effective date of this amendatory Act of the 101st General Assembly, convene the Commission to appoint a full Cannabis Equity Commission and oversee, provide guidance to, and develop an administrative structure for the Cannabis Equity Commission. The ex officio members are:(1)   The Governor, or his or her designee, who shall     serve as chair.(2)   The Attorney General, or his or her designee.(3)   The Director of Commerce and Economic     Opportunity, or his or her designee.(4)   The Director of Public Health, or his or her     designee.(5)   The Director of Corrections, or his or her     designee.(6)   The Director of Financial and Professional     Regulation, or his or her designee.(7)   The Director of Agriculture, or his or her     designee.(8)   The Executive Director of the Illinois Criminal     Justice Information Authority, or his or her designee.(9)   The Secretary of Human Services, or his or her     designee.(10)   A member of the Senate, designated by the     President of the Senate.(11)   A member of the House of Representatives,     designated by the Speaker of the House of Representatives.(12)   A member of the Senate, designated by the     Minority Leader of the Senate.(13)   A member of the House of Representatives,     designated by the Minority Leader of the House of Representatives.(c) Within 90 days after the ex officio members convene, the following members shall be appointed to the Commission by the chair:(1)   Four community-based providers or community     development organization representatives who provide services to treat violence and address the social determinants of health, or promote community investment, including, but not limited to, services such as job placement and training, educational services, workforce development programming, and wealth building. No more than 2 community-based organization representatives shall work primarily in Cook County. At least one of the community-based providers shall have expertise in providing services to an immigrant population.(2)   Two experts in the field of violence reduction.(3)   One male who has previously been incarcerated     and is over the age of 24 at the time of appointment.(4)   One female who has previously been incarcerated     and is over the age of 24 at the time of appointment.(5)   Two individuals who have previously been     incarcerated and are between the ages of 17 and 24 at the time of appointment.As used in this subsection (c), "an individual who has been previously incarcerated" has the same meaning as defined in paragraph (2) of subsection (e) of Section 10-40.
(Source: P.A. 101-658, eff. 3-23-21.) (410 ILCS 705/10-50)Sec. 10-50.  Employment; employer liability.(a) Nothing in this Act shall prohibit an employer from adopting reasonable zero tolerance or drug free workplace policies, or employment policies concerning drug testing, smoking, consumption, storage, or use of cannabis in the workplace or while on call provided that the policy is applied in a nondiscriminatory manner.(b) Nothing in this Act shall require an employer to permit an employee to be under the influence of or use cannabis in the employer's workplace or while performing the employee's job duties or while on call.(c) Nothing in this Act shall limit or prevent an employer from disciplining an employee or terminating employment of an employee for violating an employer's employment policies or workplace drug policy.(d) An employer may consider an employee to be impaired or under the influence of cannabis if the employer has a good faith belief that an employee manifests specific, articulable symptoms while working that decrease or lessen the employee's performance of the duties or tasks of the employee's job position, including symptoms of the employee's speech, physical dexterity, agility, coordination, demeanor, irrational or unusual behavior, or negligence or carelessness in operating equipment or machinery; disregard for the safety of the employee or others, or involvement in any accident that results in serious damage to equipment or property; disruption of a production or manufacturing process; or carelessness that results in any injury to the employee or others. If an employer elects to discipline an employee on the basis that the employee is under the influence or impaired by cannabis, the employer must afford the employee a reasonable opportunity to contest the basis of the determination.(e) Nothing in this Act shall be construed to create or imply a cause of action for any person against an employer for:(1) actions taken pursuant to an employer's     reasonable workplace drug policy, including but not limited to subjecting an employee or applicant to reasonable drug and alcohol testing, reasonable and nondiscriminatory random drug testing,  and discipline, termination of employment, or withdrawal of a job offer due to a failure of a drug test;(2) actions based on the employer's good faith belief     that an employee used or possessed cannabis in the employer's workplace or while performing the employee's job duties or while on call in violation of the employer's employment policies;(3) actions, including discipline or termination of     employment, based on the employer's good faith belief that an employee was impaired as a result of the use of cannabis, or under the influence of cannabis, while at the employer's workplace or while performing the employee's job duties or while on call in violation of the employer's workplace drug policy; or(4) injury, loss, or liability to a third party if     the employer neither knew nor had reason to know that the employee was impaired.(f) Nothing in this Act shall be construed to enhance or diminish protections afforded by any other law, including but not limited to the Compassionate Use of Medical Cannabis Program Act or the Opioid Alternative Pilot Program.(g) Nothing in this Act shall be construed to interfere with any federal, State, or local restrictions on employment including, but not limited to, the United States Department of Transportation regulation 49 CFR 40.151(e) or impact an employer's ability to comply with federal or State law or cause it to lose a federal or State contract or funding.(h) As used in this Section, "workplace" means the employer's premises, including any building, real property, and parking area under the control of the employer or area used by an employee while in the performance of the employee's job duties, and vehicles, whether leased, rented, or owned. "Workplace" may be further defined by the employer's written employment policy, provided that the policy is consistent with this Section.(i) For purposes of this Section, an employee is deemed "on call" when such employee is scheduled with at least 24 hours' notice by his or her employer to be on standby or otherwise responsible for performing tasks related to his or her employment either at the employer's premises or other previously designated location by his or her employer or supervisor to perform a work-related task.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/Art. 15 heading) 
Article 15.License and Regulation of Dispensing Organizations
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/15-5)Sec. 15-5. Authority.(a) In this Article, "Department" means the Department of Financial and Professional Regulation.(b) It is the duty of the Department to administer and enforce the provisions of this Act relating to the licensure and oversight of dispensing organizations and dispensing organization agents unless otherwise provided in this Act.(c) No person shall operate a dispensing organization for the purpose of serving purchasers of cannabis or cannabis products without a license issued under this Article by the Department. No person shall be an officer, director, manager, or employee of a dispensing organization without having been issued a dispensing organization agent card by the Department.(d) Subject to the provisions of this Act, the Department may exercise the following powers and duties:(1) Prescribe forms to be issued for the     administration and enforcement of this Article.(2) Examine, inspect, and investigate the premises,     operations, and records of dispensing organization applicants and licensees.(3) Conduct investigations of possible violations of     this Act pertaining to dispensing organizations and dispensing organization agents.(4) Conduct hearings on proceedings to refuse to     issue or renew licenses or to revoke, suspend, place on probation, reprimand, or otherwise discipline a license under this Article or take other nondisciplinary action.(5) Adopt rules required for the administration of     this Article.(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/15-10)Sec. 15-10. Medical cannabis dispensing organization exemption.  This Article does not apply to medical cannabis dispensing organizations registered under the Compassionate Use of Medical Cannabis Pilot Program Act, except where otherwise specified.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/15-15)Sec. 15-15. Early Approval Adult Use Dispensing Organization License.(a) Any medical cannabis dispensing organization holding a valid registration under the Compassionate Use of Medical Cannabis Program Act as of the effective date of this Act may, within 60 days of the effective date of this Act, apply to the Department for an Early Approval Adult Use Dispensing Organization License to serve purchasers at any medical cannabis dispensing location in operation on the effective date of this Act, pursuant to this Section.(b) A medical cannabis dispensing organization seeking issuance of an Early Approval Adult Use Dispensing Organization License to serve purchasers at any medical cannabis dispensing location in operation as of the effective date of this Act shall submit an application on forms provided by the Department. The application must be submitted by the same person or entity that holds the medical cannabis dispensing organization registration and include the following:(1) Payment of a nonrefundable fee of $30,000 to be     deposited into the Cannabis Regulation Fund;(2) Proof of registration as a medical cannabis     dispensing organization that is in good standing;(3) Certification that the applicant will comply with     the requirements contained in the Compassionate Use of Medical Cannabis Program Act except as provided in this Act;(4) The legal name of the dispensing organization;(5) The physical address of the dispensing     organization;(6) The name, address, social security number, and     date of birth of each principal officer and board member of the dispensing organization, each of whom must be at least 21 years of age;(7) A nonrefundable Cannabis Business Development Fee     equal to 3% of the dispensing organization's total sales between June 1, 2018 to June 1, 2019, or $100,000, whichever is less, to be deposited into the Cannabis Business Development Fund;  and(8) Identification of one of the following Social     Equity Inclusion Plans to be completed by March 31, 2021:(A) Make a contribution of 3% of total sales from         June 1, 2018 to June 1, 2019, or $100,000, whichever is less, to the Cannabis Business Development Fund. This is in addition to the fee required by item (7) of this subsection (b);(B) Make a grant of 3% of total sales from June         1, 2018 to June 1, 2019, or $100,000, whichever is less, to a cannabis industry training or education program at an Illinois community college as defined in the Public Community College Act;(C) Make a donation of $100,000 or more to a         program that provides job training services to persons recently incarcerated or that operates in a Disproportionately Impacted Area;(D) Participate as a host in a cannabis business         establishment incubator program approved by the Department of Commerce and Economic Opportunity, and in which an Early Approval Adult Use Dispensing Organization License holder agrees to provide a loan of at least $100,000 and mentorship to incubate, for at least a year, a Social Equity Applicant intending to seek a license or  a licensee that qualifies as a Social Equity Applicant. As used in this Section, "incubate" means providing direct financial assistance and training necessary to engage in licensed cannabis industry activity similar to that of the host licensee. The Early Approval Adult Use Dispensing Organization License holder or the same entity holding any other licenses issued pursuant to this Act shall not take an ownership stake of greater than 10% in any business receiving incubation services to comply with this subsection. If an Early Approval Adult Use Dispensing Organization License holder fails to find a business to incubate to comply with this subsection before its Early Approval Adult Use Dispensing Organization License expires, it may opt to meet the requirement of this subsection by completing another item from this subsection; or(E) Participate in a sponsorship program for at         least 2 years approved by the Department of Commerce and Economic Opportunity in which an Early Approval Adult Use Dispensing Organization License holder agrees to provide an interest-free loan of at least $200,000 to a Social Equity Applicant.  The sponsor shall not take an ownership stake in any cannabis business establishment receiving sponsorship services to comply with this subsection.(b-5) Beginning 90 days after the effective date of this amendatory Act of the 102nd General Assembly, an Early Approval Adult Use Dispensing Organization licensee whose license was issued pursuant to this Section may apply to relocate within the same geographic district where its existing associated medical cannabis dispensing organization dispensary licensed under the Compassionate Use of Medical Cannabis Act is authorized to operate. A request to relocate under this subsection is subject to approval by the Department. An Early Approval Adult Use Dispensing Organization's application to relocate its license under this subsection shall be deemed approved 30 days following the submission of a complete application to relocate, unless sooner approved or denied in writing by the Department. If an application to relocate is denied, the Department shall provide, in writing, the specific reason for denial.An Early Approval Adult Use Dispensing Organization may request to relocate under this subsection if:(1) its existing location is within the boundaries of     a unit of local government that prohibits the sale of adult use cannabis; or(2) the Early Approval Adult Use Dispensing     Organization has obtained the approval of the municipality or, if outside the boundaries of a municipality in an unincorporated area of the county, the approval of the county where the existing license is located to move to another location within that unit of local government.At no time may an Early Approval Adult Use Dispensing Organization dispensary licensed under this Section operate in a separate facility from its associated medical cannabis dispensing organization dispensary licensed under the Compassionate Use of Medical Cannabis Act. The relocation of an Early Approval Adult Use Dispensing Organization License under this subsection shall be subject to Sections 55-25 and 55-28 of this Act.(c) The license fee required by paragraph (1) of subsection (b) of this Section shall be in addition to any license fee required for the renewal of a registered medical cannabis dispensing organization license.(d) Applicants must submit all required information, including the requirements in subsection (b) of this Section, to the Department. Failure by an applicant to submit all required information may result in the application being disqualified.(e) If the Department receives an application that fails to provide the required elements contained in subsection (b), the Department shall issue a deficiency notice to the applicant. The applicant shall have 10 calendar days from the date of the deficiency notice to submit complete information. Applications that are still incomplete after this opportunity to cure may be disqualified.(f) If an applicant meets all the requirements of subsection (b) of this Section, the Department shall issue the Early Approval Adult Use Dispensing Organization License within 14 days of receiving a completed application unless:(1) The licensee or a principal officer is delinquent     in filing any required tax returns or paying any amounts owed to the State of Illinois;(2) The Secretary of Financial and Professional     Regulation determines there is reason, based on documented compliance violations, the licensee is not entitled to an Early Approval Adult Use Dispensing Organization License; or(3) Any principal officer fails to register and     remain in compliance with this Act or the Compassionate Use of Medical Cannabis Program Act.(g) A registered medical cannabis dispensing organization that obtains an Early Approval Adult Use Dispensing Organization License may begin selling cannabis, cannabis-infused products, paraphernalia, and related items to purchasers under the rules of this Act no sooner than January 1, 2020.(h) A dispensing organization holding a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act must maintain an adequate supply of cannabis and cannabis-infused products for purchase by qualifying patients, caregivers, provisional patients, and Opioid Alternative Pilot Program participants. For the purposes of this subsection, "adequate supply" means a monthly inventory level that is comparable in type and quantity to those medical cannabis products provided to patients and caregivers on an average monthly basis for the 6 months before the effective date of this Act.(i) If there is a shortage of cannabis or cannabis-infused products, a dispensing organization holding both a dispensing organization license under the Compassionate Use of Medical Cannabis Program Act and this Act shall prioritize serving qualifying patients, caregivers, provisional patients, and Opioid Alternative Pilot Program participants before serving purchasers.(j) Notwithstanding any law or rule to the contrary, a person that holds a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act and an Early Approval Adult Use Dispensing Organization License may permit purchasers into a limited access area as that term is defined in administrative rules made under the authority in the Compassionate Use of Medical Cannabis Program Act.(k) An Early Approval Adult Use Dispensing Organization License is valid until March 31, 2021. A dispensing organization that obtains an Early Approval Adult Use Dispensing Organization License shall receive written or electronic notice 90 days before the expiration of the license that the license will expire, and that informs the license holder that it may apply to renew its Early Approval Adult Use Dispensing Organization License on forms provided by the Department. The Department shall renew the Early Approval Adult Use Dispensing Organization License within 60 days of the renewal application being deemed complete if:(1) the  dispensing organization submits an     application and the required nonrefundable renewal fee of $30,000, to be deposited into the Cannabis Regulation Fund;(2) the Department has not suspended or permanently     revoked the Early Approval Adult Use Dispensing Organization License or a medical cannabis dispensing organization license on the same premises for violations of this Act, the Compassionate Use of Medical Cannabis Program Act, or rules adopted pursuant to those Acts;(3) the dispensing organization has completed a     Social Equity Inclusion Plan as provided by parts (A), (B), and (C) of paragraph (8)  of subsection (b) of this Section or has made substantial progress toward  completing a Social Equity Inclusion Plan as provided by parts (D) and (E) of paragraph (8) of subsection (b) of this Section; and(4) the dispensing organization is in compliance with     this Act and rules.(l)  The Early Approval Adult Use Dispensing Organization License renewed pursuant to subsection (k) of this Section shall expire March 31, 2022.  The Early Approval Adult Use Dispensing Organization Licensee shall receive written   or electronic notice 90 days before the expiration of the license that the license will expire, and that informs the license holder that it may apply for an Adult Use Dispensing Organization License on forms provided by the Department. The Department shall grant an Adult Use Dispensing Organization License  within 60 days of  an application being deemed complete if the applicant has met all of the criteria in Section 15-36.(m) If a dispensing organization fails to submit an application for renewal of an Early Approval Adult Use Dispensing Organization License or for an Adult Use Dispensing Organization License before the expiration dates provided in subsections (k) and (l) of this Section, the dispensing organization shall cease serving purchasers and cease all operations until it receives a renewal or an Adult Use Dispensing Organization License, as the case may be.(n) A dispensing organization agent who holds a valid dispensing organization agent identification card issued under the Compassionate Use of Medical Cannabis Program Act and is an officer, director, manager, or employee of the dispensing organization licensed under this Section may engage in all activities authorized by this Article to be performed by a dispensing organization agent.(o) If the Department suspends, permanently revokes, or otherwise disciplines the Early Approval Adult Use Dispensing Organization License of a dispensing organization that also holds a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act, the Department may consider the suspension, permanent revocation, or other discipline of the medical cannabis dispensing organization license.(p) All fees collected pursuant to this Section  shall be deposited into the Cannabis Regulation Fund, unless otherwise specified.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-98, eff. 7-15-21.) (410 ILCS 705/15-20)Sec. 15-20. Early Approval Adult Use Dispensing Organization License; secondary site.(a) Any medical cannabis dispensing organization holding a valid registration under the Compassionate Use of Medical Cannabis Program Act as of  the effective date of this Act may, within 60 days of the effective date of this Act, apply to the Department for an Early Approval Adult Use Dispensing Organization License to operate a dispensing organization to serve purchasers at a secondary site not within 1,500 feet of another medical cannabis dispensing organization or adult use dispensing organization.  The Early Approval Adult Use Dispensing Organization secondary site shall be within any BLS Region that shares territory with the dispensing organization district to which the medical cannabis dispensing organization is assigned under the administrative rules for dispensing organizations under the Compassionate Use of Medical Cannabis Program Act.(a-5) If, within 360 days of the effective date of this Act, a dispensing organization is unable to find a location within the BLS Regions prescribed in subsection (a) of this Section in which to operate an Early Approval Adult Use Dispensing Organization at a secondary site because no jurisdiction within the prescribed area allows the operation of an Adult Use Cannabis Dispensing Organization, the Department of Financial and Professional Regulation may waive the geographic restrictions of subsection (a) of this Section and specify another BLS Region into which the dispensary may be placed.(b) (Blank).(c) A medical cannabis dispensing organization seeking issuance of an Early Approval Adult Use Dispensing Organization License at a secondary site to serve purchasers at a secondary site as prescribed in subsection (a) of this Section shall submit an application on forms provided by the Department. The application must meet or include the following qualifications:(1) a payment of a nonrefundable application fee of     $30,000;(2) proof of registration as a medical cannabis     dispensing organization that is in good standing;(3) submission of the application by the same person     or entity that holds the medical cannabis dispensing organization registration;(4) the legal name of the medical cannabis dispensing     organization;(5) the physical address of the medical cannabis     dispensing organization and the proposed physical address of the secondary site;(6) a copy of the current local zoning ordinance     Sections relevant to dispensary operations and documentation of the approval, the conditional approval or the status of a request for zoning approval from the local zoning office that the proposed dispensary location is in compliance with the local zoning rules;(7) a plot plan of the dispensary drawn to scale. The     applicant shall submit general specifications of the building exterior and interior layout;(8) a statement that the dispensing organization     agrees to respond to the Department's supplemental requests for information;(9) for the building or land to be used as the     proposed dispensary:(A) if the property is not owned by the         applicant, a written statement from the property owner and landlord, if any, certifying consent that the applicant may operate a dispensary on the premises; or(B) if the property is owned by the applicant,         confirmation of ownership;(10) a copy of the proposed operating bylaws;(11) a copy of the proposed business plan that     complies with the requirements in this Act, including, at a minimum, the following:(A) a description of services to be offered; and(B) a description of the process of dispensing         cannabis;(12) a copy of the proposed security plan that     complies with the requirements in this Article, including:(A) a description of the delivery process by         which cannabis will be received from a transporting organization, including receipt of manifests and protocols that will be used to avoid diversion, theft, or loss at the dispensary acceptance point; and(B) the process or controls that will be         implemented to monitor the dispensary, secure the premises, agents, patients, and currency, and prevent the diversion, theft, or loss of cannabis; and(C) the process to ensure that access to the         restricted access areas is restricted to, registered agents, service professionals, transporting organization agents, Department inspectors, and security personnel;(13) a proposed inventory control plan that complies     with this Section;(14) the name, address, social security number, and     date of birth of each principal officer and board member of the dispensing organization; each of those individuals shall be at least 21 years of age;(15) a nonrefundable Cannabis Business Development     Fee equal to $200,000, to be deposited into the  Cannabis Business Development Fund; and(16) a commitment to completing one of the following     Social Equity Inclusion Plans in subsection (d).(d) Before receiving an Early Approval Adult Use Dispensing Organization License at a secondary site, a dispensing organization shall indicate the Social Equity Inclusion Plan that the applicant plans to achieve before the expiration of the Early Approval Adult Use Dispensing Organization License from the list below:(1) make a contribution of 3% of total sales from     June 1, 2018 to June 1, 2019, or $100,000, whichever is less, to the Cannabis Business Development Fund. This is in addition to the fee required by paragraph (16) of subsection (c) of this Section;(2) make a grant of 3% of total sales from June 1,     2018 to June 1, 2019, or $100,000, whichever is less, to a cannabis industry training or education program at an Illinois community college as defined in the Public Community College Act;(3) make a donation of $100,000 or more to a program     that provides job training services to persons recently incarcerated or that operates in a Disproportionately Impacted Area;(4) participate as a host in a cannabis business     establishment incubator program approved by the Department of Commerce and Economic Opportunity, and in which an Early Approval Adult Use Dispensing Organization License at a secondary site holder agrees to provide a loan of at least $100,000 and mentorship to incubate, for at least a year, a Social Equity Applicant intending to seek a license or a licensee that qualifies as a Social Equity Applicant. In this paragraph (4), "incubate" means providing direct financial assistance and training necessary to engage in licensed cannabis industry activity similar to that of the host licensee. The Early Approval Adult Use Dispensing Organization License holder or the same entity holding any other licenses issued under this Act shall not take an ownership stake of greater than 10% in any business receiving incubation services to comply with this subsection. If an Early Approval Adult Use Dispensing Organization License at a secondary site holder fails to find a business to incubate in order to comply with this subsection before its Early Approval Adult Use Dispensing Organization License at a secondary site expires, it may opt to meet the requirement of this subsection by completing another item from this subsection before the expiration of its Early Approval Adult Use Dispensing Organization License at a secondary site to avoid a penalty; or(5) participate in a sponsorship program for at least     2 years approved by the Department of Commerce and Economic Opportunity in which an Early Approval Adult Use Dispensing Organization License at a secondary site holder agrees to provide an interest-free loan of at least $200,000 to a Social Equity Applicant.  The sponsor shall not take an ownership stake of greater than 10% in any business receiving sponsorship services to comply with this subsection.(e) The license fee required by paragraph (1) of subsection (c) of this Section is in addition to any license fee required for the renewal of a registered medical cannabis dispensing organization license.(f) Applicants must submit all required information, including the requirements in subsection (c) of this Section, to the Department. Failure by an applicant to submit all required information may result in the application being disqualified. Principal officers shall not be required to submit to the fingerprint and background check requirements of Section 5-20.(g) If the Department receives an application that fails to provide the required elements contained in subsection (c), the Department shall issue a deficiency notice to the applicant. The applicant shall have 10 calendar days from the date of the deficiency notice to submit complete information. Applications that are still incomplete after this opportunity to cure may be disqualified.(h) Once all required information and documents have been submitted, the Department will review the application. The Department may request revisions and retains final approval over dispensary features. Once the application is complete and meets the Department's approval, the Department shall conditionally approve the license. Final approval is contingent on the build-out and Department inspection.(i) Upon submission of the Early Approval Adult Use Dispensing Organization at a secondary site application, the applicant shall request an inspection and the Department may inspect the Early Approval Adult Use Dispensing Organization's secondary site to confirm compliance with the application and this Act.(j) The Department shall only issue an Early Approval Adult Use Dispensing Organization License at a secondary site after the completion of a successful inspection.(k) If an applicant passes the inspection under this Section, the Department shall issue the Early Approval Adult Use Dispensing Organization License at a secondary site within 10 business days unless:(1) The licensee, any principal officer or board     member of the licensee, or any     person having a financial or voting interest of 5% or greater in the licensee is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois; or(2) The Secretary of Financial and Professional     Regulation determines there is reason, based on documented compliance violations, the licensee is not entitled to an Early Approval Adult Use Dispensing Organization  License at its secondary site.(l) Once the Department has issued a license, the dispensing organization shall notify the Department of the proposed opening date.(m) A registered medical cannabis dispensing organization that obtains an Early Approval Adult Use Dispensing Organization License at a secondary site may begin selling cannabis, cannabis-infused products, paraphernalia, and related items to purchasers under the rules of this Act no sooner than January 1, 2020.(n) If there is a shortage of cannabis or cannabis-infused products, a dispensing organization holding both a dispensing organization license under the Compassionate Use of Medical Cannabis Program Act and this Article shall prioritize serving qualifying patients and caregivers before serving purchasers.(o) An Early Approval Adult Use Dispensing Organization License at a secondary site is valid until March 31, 2021. A dispensing organization that obtains an Early Approval Adult Use Dispensing Organization License at a secondary site shall receive written or electronic notice 90 days before the expiration of the license that the license will expire, and inform the license holder that it may renew its Early Approval Adult Use Dispensing Organization License at a secondary site. The Department shall renew an Early Approval Adult Use Dispensing Organization License at a secondary site within 60 days of submission of the renewal application being deemed complete if:(1) the  dispensing organization submits an     application and the required nonrefundable renewal fee of $30,000, to be deposited into the Cannabis Regulation Fund;(2) the Department has not suspended or permanently     revoked the Early Approval Adult Use Dispensing Organization License or a medical cannabis dispensing organization license held by the same person or entity for violating this Act or rules adopted under this Act or the Compassionate Use of Medical Cannabis Program Act or rules adopted under that Act; and(3) the dispensing organization has completed a     Social Equity Inclusion Plan provided by paragraph (1), (2), or (3) of subsection (d) of this Section or has made substantial progress toward completing a Social Equity Inclusion Plan provided by paragraph (4) or (5) of subsection (d) of this Section.(p) The Early Approval Adult Use Dispensing Organization Licensee at a secondary site renewed pursuant to subsection (o) shall receive written or electronic notice 90 days before the expiration of the license that the license will expire, and that informs the license holder that it may apply for an Adult Use Dispensing Organization License on forms provided by the Department. The Department shall grant an Adult Use Dispensing Organization License within 60 days of an application being deemed complete if the applicant has meet all of the criteria in Section 15-36.(q) If a dispensing organization fails to submit an application for renewal of an Early Approval Adult Use Dispensing Organization License or for an Adult Use Dispensing Organization License before the expiration dates provided in subsections (o) and (p) of this Section, the dispensing organization shall cease serving purchasers until it receives a renewal or an Adult Use Dispensing Organization License.(r) A dispensing organization agent who holds a valid dispensing organization agent identification card issued under the Compassionate Use of Medical Cannabis Program Act and is an officer, director, manager, or employee of the dispensing organization licensed under this Section may engage in all activities authorized by this Article to be performed by a dispensing organization agent.(s) If the Department suspends,   permanently revokes, or otherwise disciplines the Early Approval Adult Use Dispensing Organization License of a dispensing organization that also holds a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis  Program Act, the Department may consider the suspension,  permanent revocation, or other discipline as grounds to take disciplinary action against the medical cannabis dispensing organization.(t) All fees collected pursuant to this Section shall be deposited into the Cannabis Regulation Fund, unless otherwise specified. 
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/15-25)Sec. 15-25. Awarding of Conditional Adult Use Dispensing Organization Licenses prior to January 1, 2021.(a) The Department shall issue up to 75 Conditional Adult Use Dispensing Organization Licenses before May 1, 2020.(b) The Department shall make the application for a Conditional Adult Use Dispensing Organization License available no later than October 1, 2019 and shall accept applications no later than January 1, 2020.(c) To ensure the geographic dispersion of Conditional Adult Use Dispensing Organization License holders, the following number of licenses shall be awarded in each BLS Region as determined by each region's percentage of the State's population:(1) Bloomington: 1(2) Cape Girardeau: 1(3) Carbondale-Marion: 1(4) Champaign-Urbana: 1(5) Chicago-Naperville-Elgin: 47(6) Danville: 1(7) Davenport-Moline-Rock Island: 1(8) Decatur: 1(9) Kankakee: 1(10) Peoria: 3(11) Rockford: 2(12) St. Louis: 4(13) Springfield: 1(14) Northwest Illinois nonmetropolitan: 3(15) West Central Illinois nonmetropolitan: 3(16) East Central Illinois nonmetropolitan: 2(17) South Illinois nonmetropolitan: 2(d) An applicant seeking issuance of a Conditional Adult Use Dispensing Organization License shall submit an application on forms provided by the Department. An applicant must meet the following requirements:(1) Payment of a nonrefundable application fee of     $5,000 for each license for which the applicant is applying, which shall be deposited into the Cannabis Regulation Fund;(2) Certification that the applicant will comply with     the requirements contained in this Act;(3) The legal name of the proposed dispensing     organization;(4) A statement that the dispensing organization     agrees to respond to the Department's supplemental requests for information;(5) From each principal officer, a statement     indicating whether that person:(A) has previously held or currently holds an         ownership interest in a cannabis business establishment in Illinois; or(B) has held an ownership interest in a         dispensing organization or its equivalent in another state or territory of the United States that had the dispensing organization registration or license suspended, revoked, placed on probationary status, or subjected to other disciplinary action;(6) Disclosure of whether any principal officer has     ever filed for bankruptcy or defaulted on spousal support or child support obligation;(7) A resume for each principal officer, including     whether that person has an academic degree, certification, or relevant experience with a cannabis business establishment or in a related industry;(8) A description of the training and education that     will be provided to dispensing organization agents;(9) A copy of the proposed operating bylaws;(10) A copy of the proposed business plan that     complies with the requirements in this Act, including, at a minimum, the following:(A) A description of services to be offered; and(B) A description of the process of dispensing         cannabis;(11) A copy of the proposed security plan that     complies with the requirements in this Article, including:(A) The process or controls that will be         implemented to monitor the dispensary, secure the premises, agents, and currency, and prevent the diversion, theft, or loss of cannabis; and(B) The process to ensure that access to the         restricted access areas is restricted to, registered agents, service professionals, transporting organization agents, Department inspectors, and security personnel;(12)  A proposed inventory control plan that complies     with this Section;(13) A proposed floor plan, a square footage     estimate, and a description of proposed security devices, including, without limitation, cameras, motion detectors, servers, video storage capabilities, and alarm service providers;(14) The name, address, social security number, and     date of birth of each principal officer and board member of the dispensing organization; each of those individuals shall be at least 21 years of age;(15) Evidence of the applicant's status as a Social     Equity Applicant, if applicable, and whether a Social Equity Applicant plans to apply for a loan or grant issued by the Department of Commerce and Economic Opportunity;(16) The address, telephone number, and email address     of the applicant's principal place of business, if applicable.  A post office box is not permitted;(17) Written summaries of any information regarding     instances in which a business or not-for-profit that a prospective board member previously managed or served on were fined or censured, or any instances in which a business or not-for-profit that a prospective board member previously managed or served on had its registration suspended or revoked in any administrative or judicial proceeding;(18) A plan for community engagement;(19) Procedures to ensure accurate recordkeeping and     security measures that are in accordance with this Article and Department rules;(20) The estimated volume of cannabis it plans to     store at the dispensary;(21) A description of the features that will provide     accessibility to purchasers as required by the Americans with Disabilities Act;(22) A detailed description of air treatment systems     that will be installed to reduce odors;(23) A reasonable assurance that the issuance of a     license will not have a detrimental impact on the community in which the applicant wishes to locate;(24) The dated signature of  each principal officer;(25) A description of the enclosed, locked facility     where cannabis will be stored by the dispensing organization;(26) Signed statements from each dispensing     organization agent stating that he or she will not divert cannabis;(27) The number of  licenses it is applying for in     each BLS Region;(28) A diversity plan that includes a narrative of at     least 2,500 words that establishes a goal of diversity in ownership, management, employment, and contracting to ensure that diverse participants and groups are afforded equality of opportunity;(29) A contract with a private security contractor     agency that is licensed under Section 10-5 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 in order for the dispensary to have adequate security at its facility; and(30) Other information deemed necessary by the     Illinois Cannabis Regulation Oversight Officer to conduct the disparity and availability study referenced in subsection (e) of Section 5-45.(e) An applicant who receives a Conditional Adult Use Dispensing Organization License under this Section has 180 days from the date of award to identify a physical location for the dispensing organization retail storefront. The applicant shall provide evidence that the location is not within 1,500 feet of an existing dispensing organization, unless the applicant is a Social Equity Applicant or Social Equity Justice Involved Applicant located or seeking to locate within 1,500 feet of a dispensing organization licensed under Section 15-15 or Section 15-20.  If an applicant is unable to find a suitable physical address in the opinion of the Department within 180 days of the issuance of the Conditional Adult Use Dispensing Organization License, the Department may extend the period for finding a physical address another 180 days if the Conditional Adult Use Dispensing Organization License holder demonstrates concrete attempts to secure a location and a hardship. If the Department denies the extension or the Conditional Adult Use Dispensing Organization License holder is unable to find a location or become operational within 360 days of being awarded a conditional license, the Department shall rescind the conditional license  and award it to the next highest scoring applicant in the BLS Region for which the license was assigned, provided the applicant receiving the license: (i) confirms a continued interest in operating a dispensing organization; (ii) can provide evidence that the applicant continues to meet all requirements for holding a Conditional Adult Use Dispensing Organization License set forth in this Act; and (iii) has not otherwise become ineligible to be awarded a dispensing organization license.  If the new awardee is unable to accept the Conditional Adult Use Dispensing Organization  License, the Department shall award the Conditional Adult Use Dispensing Organization License to the next highest scoring applicant in the same manner.  The new awardee shall be subject to the same required deadlines as provided in this subsection.(e-5) If, within 180 days of being awarded a Conditional Adult Use Dispensing Organization License, a dispensing organization is unable to find a location within the BLS Region in which it was awarded a Conditional Adult Use Dispensing Organization License because no jurisdiction within the BLS Region allows for the operation of an Adult Use Dispensing Organization, the Department of Financial and Professional Regulation may authorize the Conditional Adult Use Dispensing Organization License holder to transfer its license to a BLS Region specified by the Department.(f) A dispensing organization that is awarded a Conditional Adult Use Dispensing Organization License pursuant to the criteria in Section 15-30 shall not purchase, possess, sell, or dispense cannabis or cannabis-infused products until the person has received an Adult Use Dispensing Organization License issued by the Department pursuant to Section 15-36 of this Act.(g) The Department shall conduct a background check of the prospective organization agents in order to carry out this Article. The Illinois State Police shall charge the applicant a fee for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the record check. Each person applying as a dispensing organization agent shall submit a full set of fingerprints to the Illinois State Police for the purpose of obtaining a State and federal criminal records check. These fingerprints shall be checked against the fingerprint records now and hereafter, to the extent allowed by law, filed in the Illinois State Police and Federal Bureau of Identification criminal history records databases. The Illinois State Police shall furnish, following positive identification, all Illinois conviction information to the Department.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) (410 ILCS 705/15-30)Sec. 15-30. Selection criteria for conditional licenses awarded under Section 15-25.(a) Applicants for a Conditional Adult Use Dispensing Organization License must submit all required information, including the information required in Section 15-25, to the Department. Failure by an applicant to submit all required information may result in the application being disqualified.(b) If the Department receives an application that fails to provide the required elements contained in this Section, the Department shall issue a deficiency notice to the applicant. The applicant shall have 10 calendar days from the date of the deficiency notice to resubmit the incomplete information. Applications that are still incomplete after this opportunity to cure will not be scored and will be disqualified.(c) The Department will award up to 250 points to complete applications based on the sufficiency of the applicant's responses to required information. Applicants will be awarded points based on a determination that the application satisfactorily includes the following elements:(1) Suitability of Employee Training Plan (15     points). The plan includes an employee training plan that demonstrates that employees will understand the rules and laws to be followed by dispensary employees, have knowledge of any security measures and operating procedures of the dispensary, and are able to advise purchasers on how to safely consume cannabis and use individual products offered by the dispensary.(2) Security and Recordkeeping (65 points).(A) The security plan accounts for the prevention         of the theft or diversion of cannabis. The security plan demonstrates safety procedures for dispensing organization agents and purchasers, and safe delivery and storage of cannabis and currency. It demonstrates compliance with all security requirements in this Act and rules.(B) A plan for recordkeeping, tracking, and         monitoring inventory, quality control, and other policies and procedures that will promote standard recordkeeping and discourage unlawful activity. This plan includes the applicant's strategy to communicate with the Department and the Illinois State Police on the destruction and disposal of cannabis. The plan must also demonstrate compliance with this Act and rules.(C) The security plan shall also detail which         private security contractor licensed under Section 10-5 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 the dispensary will contract with in order to provide adequate security at its facility.(3) Applicant's Business Plan, Financials, Operating     and Floor Plan (65 points).(A) The business plan shall describe, at a         minimum, how the dispensing organization will be managed on a long-term basis. This shall include a description of the dispensing organization's point-of-sale system, purchases and denials of sale, confidentiality, and products and services to be offered. It will demonstrate compliance with this Act and rules.(B) The operating plan shall include, at a         minimum, best practices for day-to-day dispensary operation and staffing. The operating plan may also include information about employment practices, including information about the percentage of full-time employees who will be provided a living wage.(C) The proposed floor plan is suitable for         public access, the layout promotes safe dispensing of cannabis, is compliant with the Americans with Disabilities Act and the Environmental Barriers Act, and facilitates safe product handling and storage.(4) Knowledge and Experience (30 points).(A) The applicant's principal officers must         demonstrate experience and qualifications in business management or experience with the cannabis industry. This includes ensuring optimal safety and accuracy in the dispensing and sale of cannabis.(B) The applicant's principal officers must         demonstrate knowledge of various cannabis product strains or varieties and describe the types and quantities of products planned to be sold. This includes confirmation of whether the dispensing organization plans to sell cannabis paraphernalia or edibles.(C) Knowledge and experience may be demonstrated         through experience in other comparable industries that reflect on the applicant's ability to operate a cannabis business establishment.(5) Status as a Social Equity Applicant (50 points).     The applicant meets the qualifications for a Social Equity Applicant as set forth in this Act.(6) Labor and employment practices (5 points). The     applicant may describe plans to provide a safe, healthy, and economically beneficial working environment for its agents, including, but not limited to, codes of conduct, health care benefits, educational benefits, retirement benefits, living wage standards, and entering a labor peace agreement with employees.(7) Environmental Plan (5 points). The applicant may     demonstrate an environmental plan of action to minimize the carbon footprint, environmental impact, and resource needs for the dispensary, which may include, without limitation, recycling cannabis product packaging.(8) Illinois owner (5 points). The applicant is 51%     or more owned and controlled by an Illinois resident, who can prove residency in each of the past 5 years with tax records or 2 of the following:(A) a signed lease agreement that includes the          applicant's name;(B) a property deed that includes the applicant's         name;(C) school records;(D) a voter registration card;(E) an Illinois driver's license, an Illinois         Identification Card, or an Illinois Person with a Disability Identification Card;(F) a paycheck stub;(G) a utility bill; or(H) any other proof of residency or other         information necessary to establish residence as provided by rule.(9) Status as veteran (5 points).  The applicant is     51% or more controlled and owned by an individual or individuals who meet the qualifications of a veteran as defined by Section 45-57 of the Illinois Procurement Code.(10) A diversity plan (5 points). The plan includes a     narrative of not more than 2,500 words that establishes a goal of diversity in ownership, management, employment, and contracting to ensure that diverse participants and groups are afforded equality of opportunity.(d) The Department may also award up to 2 bonus points for a plan to engage with the community. The applicant may demonstrate a desire to engage with its community by participating in one or more of, but not limited to, the following actions: (i) establishment of an incubator program designed to increase participation in the cannabis industry by persons who would qualify as Social Equity Applicants; (ii) providing financial assistance to substance abuse treatment centers; (iii) educating children and teens about the potential harms of cannabis use; or (iv) other measures demonstrating a commitment to the applicant's community. Bonus points will only be awarded if the Department receives applications that receive an equal score for a particular region.(e) The Department may verify information contained in each application and accompanying documentation to assess the applicant's veracity and fitness to operate a dispensing organization.(f) The Department may, in its discretion, refuse to issue an authorization to any applicant:(1) Who is unqualified to perform the duties required     of the applicant;(2) Who fails to disclose or states falsely any     information called for in the application;(3) Who has been found guilty of a violation of this     Act, who has had any disciplinary order entered against it by the Department, who has entered into a disciplinary or nondisciplinary agreement with the Department, or whose medical cannabis dispensing organization, medical cannabis cultivation organization, or Early Approval Adult Use Dispensing Organization License, or Early Approval Adult Use Dispensing Organization License at a secondary site, or Early Approval Cultivation Center License was suspended, restricted, revoked, or denied for just cause, or the applicant's  cannabis business establishment license was suspended, restricted, revoked, or denied in any other state; or(4) Who has engaged in a pattern or practice of     unfair or illegal practices, methods, or activities in the conduct of owning a cannabis business establishment or other business.(g) The Department shall deny the license if any principal officer, board member, or person having a financial or voting interest of 5% or greater in the licensee is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois.(h) The Department shall verify an applicant's compliance with the requirements of this Article and rules before issuing a dispensing organization license.(i) Should the applicant be awarded a license, the information and plans provided in the application, including any plans submitted for bonus points, shall become a condition of the Conditional Adult Use Dispensing Organization Licenses and any Adult Use Dispensing Organization License issued to the holder of the Conditional Adult Use Dispensing Organization License, except as otherwise provided by this Act or rule. Dispensing organizations have a duty to disclose any material changes to the application. The Department shall review all material changes disclosed by the dispensing organization, and may re-evaluate its prior decision regarding the awarding of a license, including, but not limited to, suspending or permanently revoking a license.  Failure to comply with the conditions or requirements in the application may subject the dispensing organization to discipline, up to and including suspension or permanent revocation of its authorization or license by the Department.(j) If an applicant has not begun operating as a dispensing organization within one year of the issuance of the Conditional Adult Use Dispensing Organization License, the Department may permanently revoke the Conditional Adult Use Dispensing Organization License and award it to the next highest scoring applicant in the BLS Region if a suitable applicant indicates a continued interest in the license or begin a new selection process to award a Conditional Adult Use Dispensing Organization License.(k) The Department shall deny an application if granting that application would result in a single person or entity having a direct or indirect financial interest in more than 10 Early Approval Adult Use Dispensing Organization Licenses, Conditional Adult Use Dispensing Organization Licenses, or Adult Use Dispensing Organization Licenses. Any entity that is awarded a license that results in a single person or entity having a direct or indirect financial interest in more than 10 licenses shall forfeit the most recently issued license and suffer a penalty to be determined by the Department, unless the entity declines the license at the time it is awarded.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) (410 ILCS 705/15-30.20)Sec. 15-30.20. Tied Applicant Lottery; additional requirements; timing.(a) If awarding a license in a Tied Applicant Lottery would result in a Tied Applicant possessing more than 10 Early Approval Adult Use Dispensing Organization Licenses, Early Approval Adult Use Dispensing Organization Licenses at a secondary site, Conditional Adult Use Dispensing Organization Licenses, Adult Use Dispensing Organization Licenses, or any combination thereof, the Tied Applicant must choose which license to abandon pursuant to subsection (d) of Section 15-36 and notify the Department in writing within 5 business days after the date that the Tied Applicant Lottery is conducted.(b) The Department shall publish the certified results of a Tied Applicant Lottery within 2 business days after the Tied Applicant Lottery is conducted. 
(Source: P.A. 102-98, eff. 7-15-21.) (410 ILCS 705/15-35)Sec. 15-35. Qualifying Applicant Lottery for Conditional Adult Use Dispensing Organization Licenses.(a) In addition to any of the licenses issued under Section 15-15, Section 15-20, Section 15-25, Section 15-30.20, or Section 15-35.10 of this Act, within 10 business days after the resulting final scores for all scored applications pursuant to Sections 15-25 and 15-30 are released, the Department shall issue up to 55 Conditional Adult Use Dispensing Organization Licenses by lot, pursuant to the application process adopted under this Section. In order to be eligible to be awarded a Conditional Adult Use Dispensing Organization License by lot under this Section, a Dispensary Applicant must be a Qualifying Applicant.The licenses issued under this Section shall be awarded in each BLS Region in the following amounts:(1) Bloomington: 1.(2) Cape Girardeau: 1.(3) Carbondale-Marion: 1.(4) Champaign-Urbana: 1.(5) Chicago-Naperville-Elgin: 36.(6) Danville: 1.(7) Davenport-Moline-Rock Island: 1.(8) Decatur: 1.(9) Kankakee: 1.(10) Peoria: 2.(11) Rockford: 1.(12) St. Louis: 3.(13) Springfield: 1.(14) Northwest Illinois nonmetropolitan: 1.(15) West Central Illinois nonmetropolitan: 1.(16) East Central Illinois nonmetropolitan: 1.(17) South Illinois nonmetropolitan: 1.(a-5) Prior to issuing licenses under subsection (a), the Department may adopt rules through emergency rulemaking in accordance with subsection (kk) of Section 5-45 of the Illinois Administrative Procedure Act. The General Assembly finds that the adoption of rules to regulate cannabis use is deemed an emergency and necessary for the public interest, safety, and welfare.(b) The Department shall distribute the available licenses established under this Section subject to the following:(1)   The drawing by lot for all available licenses     issued under this Section shall occur on the same day when practicable.(2)   Within each BLS Region, the first Qualifying     Applicant drawn will have the first right to an available license. The second Qualifying Applicant drawn will have the second right to an available license. The same pattern will continue for each subsequent Qualifying Applicant drawn.(3)   The process for distributing available licenses     under this Section shall be recorded by the Department in a format selected by the Department.(4)   A Dispensary Applicant is prohibited from     becoming a Qualifying Applicant if a principal officer resigns after the resulting final scores for all scored applications pursuant to Sections 15-25 and 15-30 are released.(5)   No Qualifying Applicant may be awarded more     than 2 Conditional Adult Use Dispensing Organization Licenses at the conclusion of a lottery conducted under this Section.(6)   No individual may be listed as a principal     officer of more than 2 Conditional Adult Use Dispensing Organization Licenses awarded under this Section.(7)   If, upon being selected for an available     license established under this Section, a Qualifying Applicant exceeds the limits under paragraph (5) or (6), the Qualifying Applicant must choose which license to abandon and notify the Department in writing within 5 business days. If the Qualifying Applicant does not notify the Department as required, the Department shall refuse to issue the Qualifying Applicant all available licenses established under this Section obtained by lot in all BLS Regions.(8)   If, upon being selected for an available     license established under this Section, a Qualifying Applicant has a principal officer who is a principal officer in more than 10 Early Approval Adult Use Dispensing Organization Licenses, Conditional Adult Use Dispensing Organization Licenses, Adult Use Dispensing Organization Licenses, or any combination thereof, the licensees and the Qualifying Applicant listing that principal officer must choose which license to abandon pursuant to subsection (d) of Section 15-36 and notify the Department in writing within 5 business days. If the Qualifying Applicant or licensees do not notify the Department as required, the Department shall refuse to issue the Qualifying Applicant all available licenses established under this Section obtained by lot in all BLS Regions.(9) All available licenses that have been abandoned     under paragraph (7) or (8) shall be distributed to the next Qualifying Applicant drawn by lot.Any and all rights conferred or obtained under this Section shall be limited to the provisions of this Section.(c)     An applicant who receives a Conditional Adult Use Dispensing Organization License under this Section has 180 days from the date it is awarded to identify a physical location for the dispensing organization's retail storefront. The applicant shall provide evidence that the location is not within 1,500 feet of an existing dispensing organization, unless the applicant is a Social Equity Applicant or Social Equity Justice Involved Applicant located or seeking to locate within 1,500 feet of a dispensing organization licensed under Section 15-15 or Section 15-20. If an applicant is unable to find a suitable physical address in the opinion of the Department within 180 days from the issuance of the Conditional Adult Use Dispensing Organization License, the Department may extend the period for finding a physical address another 180 days if the Conditional Adult Use Dispensing Organization License holder demonstrates a concrete attempt to secure a location and a hardship. If the Department denies the extension or the Conditional Adult Use Dispensing Organization License holder is unable to find a location or become operational within 360 days of being awarded a Conditional Adult Use Dispensing Organization License under this Section, the Department shall rescind the Conditional Adult Use Dispensing Organization License and award it pursuant to subsection (b), provided the applicant receiving the Conditional Adult Use Dispensing Organization License: (i) confirms a continued interest in operating a dispensing organization; (ii) can provide evidence that the applicant continues to meet all requirements for holding a Conditional Adult Use Dispensing Organization License set forth in this Act; and (iii) has not otherwise become ineligible to be awarded a Conditional Adult Use Dispensing Organization License. If the new awardee is unable to accept the Conditional Adult Use Dispensing Organization License, the Department shall award the Conditional Adult Use Dispensing Organization License pursuant to subsection (b). The new awardee shall be subject to the same required deadlines as provided in this subsection.(d)  If, within 180 days of being awarded a Conditional Adult Use Dispensing Organization License, a dispensing organization is unable to find a location within the BLS Region in which it was awarded a Conditional Adult Use Dispensing Organization License because no jurisdiction within the BLS Region allows for the operation of an Adult Use Dispensing Organization, the Department may authorize the Conditional Adult Use Dispensing Organization License holder to transfer its Conditional Adult Use Dispensing Organization License to a BLS Region specified by the Department.(e)    A dispensing organization that is awarded a Conditional Adult Use Dispensing Organization License under this Section shall not purchase, possess, sell, or dispense cannabis or cannabis-infused products until the dispensing organization has received an Adult Use Dispensing Organization License issued by the Department pursuant to Section 15-36.(f)   The Department shall conduct a background check of the prospective dispensing organization agents in order to carry out this Article. The Illinois State Police shall charge the applicant a fee for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the record check. Each person applying as a dispensing organization agent shall submit a full set of fingerprints to the Illinois State Police for the purpose of obtaining a State and federal criminal records check. These fingerprints shall be checked against the fingerprint records now and hereafter, to the extent allowed by law, filed with the Illinois State Police and the Federal Bureau of Investigation criminal history records databases. The Illinois State Police shall furnish, following positive identification, all Illinois conviction information to the Department.(g) The Department may verify information contained in each application and accompanying documentation to assess the applicant's veracity and fitness to operate a dispensing organization.(h) The Department may, in its discretion, refuse to issue authorization to an applicant who meets any of the following criteria:(1)     An applicant who is unqualified to perform     the duties required     of the applicant.(2)   An applicant who fails to disclose or states     falsely any     information called for in the application.(3)   An applicant who has been found guilty of a     violation of this Act, who has had any disciplinary order entered against the applicant by the Department, who has entered into a disciplinary or nondisciplinary agreement with the Department, whose medical cannabis dispensing organization, medical cannabis cultivation organization, Early Approval Adult Use Dispensing Organization License, Early Approval Adult Use Dispensing Organization License at a secondary site, Early Approval Cultivation Center License, Conditional Adult Use Dispensing Organization License, or Adult Use Dispensing Organization License  was suspended, restricted, revoked, or denied for just cause, or whose cannabis business establishment license was suspended, restricted, revoked, or denied in any other state.(4)   An applicant who has engaged in a pattern or     practice of unfair or illegal practices, methods, or activities in the conduct of owning a cannabis business establishment or other business.(i)     The Department shall deny issuance of a license under this Section if any principal officer, board member, or person having a financial or voting interest of 5% or greater in the licensee is delinquent in filing any required tax return or paying any amount owed to the State of Illinois.(j)     The Department shall verify an applicant's compliance with the requirements of this Article and rules adopted under this Article before issuing a Conditional Adult Use Dispensing Organization License under this Section.(k)   If an applicant is awarded a Conditional Adult Use Dispensing Organization License under this Section, the information and plans provided in the application, including any plans submitted for bonus points, shall become a condition of the Conditional Adult Use Dispensing Organization License and any Adult Use Dispensing Organization License issued to the holder of the Conditional Adult Use Dispensing Organization License, except as otherwise provided by this Act or by rule. A dispensing organization has a duty to disclose any material changes to the application. The Department shall review all material changes disclosed by the dispensing organization and may reevaluate its prior decision regarding the awarding of a Conditional Adult Use Dispensing Organization License, including, but not limited to, suspending or permanently revoking a Conditional Adult Use Dispensing Organization License. Failure to comply with the conditions or requirements in the application may subject the dispensing organization to discipline up to and including suspension or permanent revocation of its authorization or Conditional Adult Use Dispensing Organization License by the Department.(l)   If an applicant has not begun operating as a dispensing organization within one year after the issuance of the Conditional Adult Use Dispensing Organization License under this Section, the Department may permanently revoke the Conditional Adult Use Dispensing Organization License and award it to the next highest scoring applicant in the BLS Region if a suitable applicant indicates a continued interest in the Conditional Adult Use Dispensing Organization License or may begin a new selection process to award a Conditional Adult Use Dispensing Organization License.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-98, eff. 7-15-21.) (410 ILCS 705/15-35.10)Sec. 15-35.10. Social Equity Justice Involved Lottery for Conditional Adult Use Dispensing Organization Licenses.(a)     In addition to any of the licenses issued under Section 15-15, Section 15-20, Section 15-25, Section 15-30.20, or Section 15-35, within 10 business days after the resulting final scores for all scored applications pursuant to Sections 15-25 and 15-30 are released, the Department shall issue up to 55 Conditional Adult Use Dispensing Organization Licenses by lot, pursuant to the application process adopted under this Section. In order to be eligible to be awarded a Conditional Adult Use Dispensing Organization License by lot, a Dispensary Applicant must be a Qualifying Social  Equity Justice Involved Applicant.The licenses issued under this Section shall be awarded in each BLS Region in the following amounts:(1)  Bloomington:  1.(2)  Cape Girardeau:  1.(3)  Carbondale-Marion: 1.(4)   Champaign-Urbana: 1.(5)   Chicago-Naperville-Elgin:  36.(6)   Danville:  1.(7)   Davenport-Moline-Rock Island:  1.(8)   Decatur: 1.(9)   Kankakee:  1.(10)   Peoria:  2.(11)   Rockford: 1.(12)   St. Louis: 3.(13)   Springfield: 1.(14)   Northwest Illinois nonmetropolitan: 1.(15)   West Central Illinois nonmetropolitan: 1.(16)   East Central Illinois nonmetropolitan: 1.(17)   South Illinois nonmetropolitan: 1.(a-5)    Prior to issuing licenses under subsection (a), the Department may adopt rules through emergency rulemaking in accordance with subsection (kk) of Section 5-45 of the Illinois Administrative Procedure Act. The General Assembly finds that the adoption of rules to regulate cannabis use is deemed an emergency and necessary for the public interest, safety, and welfare.(b) The Department shall distribute the available licenses established under this Section subject to the following:(1)     The drawing by lot for all available licenses     established under this Section shall occur on the same day when practicable.(2)   Within each BLS Region, the first Qualifying     Social Equity Justice Involved Applicant drawn will have the first right to an available license. The second Qualifying Social Equity Justice Involved Applicant drawn will have the second right to an available license. The same pattern will continue for each subsequent applicant drawn.(3)   The process for distributing available licenses     under this Section shall be recorded by the Department in a format selected by the Department.(4)   A Dispensary Applicant is prohibited from     becoming a Qualifying Social Equity Justice Involved Applicant if a principal officer resigns after the resulting final scores for all scored applications pursuant to Sections 15-25 and 15-30 are released.(5)   No Qualifying Social Equity Justice Involved     Applicant may be awarded more than 2 Conditional Adult Use Dispensing Organization Licenses at the conclusion of a lottery conducted under this Section.(6)   No individual may be listed as a principal     officer of more than 2 Conditional Adult Use Dispensing Organization Licenses awarded under this Section.(7)   If, upon being selected for an available     license established under this Section, a Qualifying Social Equity Justice Involved Applicant exceeds the limits under paragraph (5) or (6), the Qualifying Social Equity Justice Involved Applicant must choose which license to abandon and notify the Department in writing within 5 business days on forms prescribed by the Department. If the Qualifying Social Equity Justice Involved Applicant does not notify the Department as required, the Department shall refuse to issue the Qualifying Social Equity Justice Involved Applicant all available licenses established under this Section obtained by lot in all BLS Regions.(8)   If, upon being selected for an available     license established under this Section, a Qualifying Social Equity Justice Involved Applicant has a principal officer who is a principal officer in more than 10 Early Approval Adult Use Dispensing Organization Licenses, Conditional Adult Use Dispensing Organization Licenses, Adult Use Dispensing Organization Licenses, or any combination thereof, the licensees and the Qualifying Social Equity Justice Involved Applicant listing that principal officer must choose which license to abandon pursuant to subsection (d) of Section 15-36 and notify the Department in writing within 5 business days on forms prescribed by the Department. If the Dispensary Applicant or licensees do not notify the Department as required, the Department shall refuse to issue the Qualifying Social Equity Justice Involved Applicant all available licenses established under this Section obtained by lot in all BLS Regions.(9)   All available licenses that have been abandoned     under paragraph (7) or (8) shall be distributed to the next Qualifying Social Equity Justice Involved Applicant drawn by lot.Any and all rights conferred or obtained under this subsection shall be limited to the provisions of this subsection.(c)   An applicant who receives a Conditional Adult Use Dispensing Organization License under this Section has 180 days from the date of the award to identify a physical location for the dispensing organization's retail storefront. The applicant shall provide evidence that the location is not within 1,500 feet of an existing dispensing organization, unless the applicant is a Social Equity Applicant or Social Equity Justice Involved Applicant located or seeking to locate within 1,500 feet of a dispensing organization licensed under Section 15-15 or Section 15-20. If an applicant is unable to find a suitable physical address in the opinion of the Department within 180 days from the issuance of the Conditional Adult Use Dispensing Organization License, the Department may extend the period for finding a physical address another 180 days if the Conditional Adult Use Dispensing Organization License holder demonstrates a concrete attempt to secure a location and a hardship. If the Department denies the extension or the Conditional Adult Use Dispensing Organization License holder is unable to find a location or become operational within 360 days of being awarded a Conditional Adult Use Dispensing Organization License under this Section, the Department shall rescind the Conditional Adult Use Dispensing Organization License and award it pursuant to subsection (b) and notify the new awardee at the email address provided in the awardee's application, provided the applicant receiving the Conditional Adult Use Dispensing Organization License: (i) confirms a continued interest in operating a dispensing organization; (ii) can provide evidence that the applicant continues to meet all requirements for holding a Conditional Adult Use Dispensing Organization License set forth in this Act; and (iii) has not otherwise become ineligible to be awarded a Conditional Adult Use Dispensing Organization License. If the new awardee is unable to accept the Conditional Adult Use Dispensing Organization License, the Department shall award the Conditional Adult Use Dispensing Organization License pursuant to subsection (b). The new awardee shall be subject to the same required deadlines as provided in this subsection.(d)   If, within 180 days of being awarded a Conditional Adult Use Dispensing Organization License, a dispensing organization is unable to find a location within the BLS Region in which it was awarded a Conditional Adult Use Dispensing Organization License under this Section because no jurisdiction within the BLS Region allows for the operation of an Adult Use Dispensing Organization, the Department may authorize the Conditional Adult Use Dispensing Organization License holder to transfer its Conditional Adult Use Dispensing Organization License to a BLS Region specified by the Department.(e)   A dispensing organization that is awarded a Conditional Adult Use Dispensing Organization License under this Section shall not purchase, possess, sell, or dispense cannabis or cannabis-infused products until the dispensing organization has received an Adult Use Dispensing Organization License issued by the Department pursuant to Section 15-36.(f)   The Department shall conduct a background check of the prospective dispensing organization agents in order to carry out this Article. The Illinois State Police shall charge the applicant a fee for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the record check. Each person applying as a dispensing organization agent shall submit a full set of fingerprints to the Illinois State Police for the purpose of obtaining a State and federal criminal records check. These fingerprints shall be checked against the fingerprint records now and hereafter, to the extent allowed by law, filed with the Illinois State Police and the Federal Bureau of Investigation criminal history records databases. The Illinois State Police shall furnish, following positive identification, all Illinois conviction information to the Department.(g)   The Department may verify information contained in each application and accompanying documentation to assess the applicant's veracity and fitness to operate a dispensing organization.(h)    The Department may, in its discretion, refuse to issue an authorization to an applicant who meets any of the following criteria:(1)   An applicant who is unqualified to perform the     duties required of the applicant.(2)   An applicant who fails to disclose or states     falsely any information called for in the application.(3)   An applicant who has been found guilty of a     violation of this Act, who has had any disciplinary order entered against the applicant by the Department, who has entered into a disciplinary or nondisciplinary agreement with the Department, whose medical cannabis dispensing organization, medical cannabis cultivation organization, Early Approval Adult Use Dispensing Organization License, Early Approval Adult Use Dispensing Organization License at a secondary site, Early Approval Cultivation Center License, Conditional Adult Use Dispensing Organization License, or Adult Use Dispensing Organization License  was suspended, restricted, revoked, or denied for just cause, or whose cannabis business establishment license was suspended, restricted, revoked, or denied in any other state.(4)   An applicant who has engaged in a pattern or     practice of unfair or illegal practices, methods, or activities in the conduct of owning a cannabis business establishment or other business.(i)   The Department shall deny the license if any principal officer, board member, or person having a financial or voting interest of 5% or greater in the licensee is delinquent in filing any required tax return or paying any amount owed to the State of Illinois.(j) The Department shall verify an applicant's compliance with the requirements of this Article and rules adopted under this Article before issuing a Conditional Adult Use Dispensing Organization License.(k)   If an applicant is awarded a Conditional Adult Use Dispensing Organization License under this Section, the information and plans provided in the application, including any plans submitted for bonus points, shall become a condition of the Conditional Adult Use Dispensing Organization License and any Adult Use Dispensing Organization License issued to the holder of the Conditional Adult Use Dispensing Organization License, except as otherwise provided by this Act or by rule. Dispensing organizations have a duty to disclose any material changes to the application. The Department shall review all material changes disclosed by the dispensing organization and may reevaluate its prior decision regarding the awarding of a Conditional Adult Use Dispensing Organization License, including, but not limited to, suspending or permanently revoking a Conditional Adult Use Dispensing Organization License. Failure to comply with the conditions or requirements in the application may subject the dispensing organization to discipline up to and including suspension or permanent revocation of its authorization or Conditional Adult Use Dispensing Organization License by the Department.(l)   If an applicant has not begun operating as a dispensing organization within one year after the issuance of the Conditional Adult Use Dispensing Organization License under this Section, the Department may permanently revoke the Conditional Adult Use Dispensing Organization License and award it to the next highest scoring applicant in the BLS Region if a suitable applicant indicates a continued interest in the Conditional Adult Use Dispensing Organization License or may begin a new selection process to award a Conditional Adult Use Dispensing Organization License.
(Source: P.A. 102-98, eff. 7-15-21.) (410 ILCS 705/15-35.20)Sec. 15-35.20. Conditional Adult Use Dispensing Organization Licenses on or after January 1, 2022.(a)   In addition to any of the licenses issued under Section 15-15, Section 15-20, Section 15-25, Section 15-35, or Section 15-35.10, by January 1, 2022, the Department may publish an application to issue additional Conditional Adult Use Dispensing Organization Licenses, pursuant to the application process adopted under this Section. The Department may adopt rules to issue any Conditional Adult Use Dispensing Organization Licenses under this Section. Such rules may:(1)   Modify or change the BLS Regions as they apply     to this Article or modify or raise the number of Adult Conditional Use Dispensing Organization Licenses assigned to each BLS Region based on the following factors:(A)   Purchaser wait times.(B)     Travel time to the nearest dispensary for         potential purchasers.(C)   Percentage of cannabis sales occurring in         Illinois not in the regulated market using data from the Substance Abuse and Mental Health Services Administration, National Survey on Drug Use and Health, Illinois Behavioral Risk Factor Surveillance System, and tourism data from the Illinois Office of Tourism to ascertain total cannabis consumption in Illinois compared to the amount of sales in licensed dispensing organizations.(D)   Whether there is an adequate supply of         cannabis and cannabis-infused products to serve registered medical cannabis patients.(E)   Population increases or shifts.(F)     Density of dispensing organizations in a         region.(G)   The Department's capacity to appropriately         regulate additional licenses.(H)   The findings and recommendations from the         disparity and availability study commissioned by the Illinois Cannabis Regulation Oversight Officer in subsection (e) of Section 5-45 to reduce or eliminate any identified barriers to entry in the cannabis industry.(I)   Any other criteria the Department deems         relevant.(2)   Modify or change the licensing application     process to reduce or eliminate the barriers identified in the disparity and availability study commissioned by the Illinois Cannabis Regulation Oversight Officer and make modifications to remedy evidence of discrimination.(b)   At no time shall the Department issue more than 500 Adult Use Dispensing Organization Licenses.(c) The Department shall issue at least 50 additional Conditional Adult Use Dispensing Organization Licenses on or before December 21, 2022.
(Source: P.A. 102-98, eff. 7-15-21.) (410 ILCS 705/15-36)Sec. 15-36. Adult Use Dispensing Organization License.(a) A person is only eligible to receive an Adult Use Dispensing Organization if the person has been awarded a Conditional Adult Use Dispensing Organization License pursuant to this Act or has renewed its license pursuant to subsection (k) of Section 15-15 or subsection (p) of Section 15-20.(b) The Department shall not issue an Adult Use Dispensing Organization License until:(1) the Department has inspected the dispensary site     and proposed operations and verified that they are in compliance with this Act and local zoning laws;(2) the Conditional Adult Use Dispensing Organization     License holder has paid a license fee of $60,000 or a  prorated amount accounting for the difference of time between when the Adult Use Dispensing Organization License is issued and March 31 of the next even-numbered year; and(3) the Conditional Adult Use Dispensing Organization     License holder has met all the requirements in this Act and rules.(c) No person or entity shall hold any legal, equitable, ownership, or beneficial interest, directly or indirectly, of more than 10 dispensing organizations licensed under this Article. Further, no person or entity that is:(1) employed by, is an agent of, or participates in     the management of a dispensing organization or registered medical cannabis dispensing organization;(2) a principal officer of a dispensing organization     or registered medical cannabis dispensing organization; or(3) an entity controlled by or affiliated with a     principal officer of a dispensing organization or registered medical cannabis dispensing organization;shall hold any legal, equitable, ownership, or beneficial interest, directly or indirectly, in a dispensing organization that would result in  such person or entity owning or participating in the management of more than 10 Early Approval Adult Use Dispensing Organization Licenses, Early Approval Adult Use Dispensing Organization Licenses at a secondary site, Conditional Adult Use Dispensing Organization Licenses, or Adult Use Dispensing Organization Licenses. For the purpose of this subsection, participating in management may include, without limitation, controlling decisions regarding staffing, pricing, purchasing, marketing, store design, hiring, and website design.(d) The Department shall deny an application if granting that application would result in a person or entity obtaining direct or indirect financial interest in more than 10 Early Approval Adult Use Dispensing Organization Licenses, Conditional Adult Use Dispensing Organization Licenses, Adult Use Dispensing Organization Licenses, or any combination thereof. If a person or entity is awarded a Conditional Adult Use Dispensing Organization License that would cause the person or entity to be in violation of this subsection, he, she, or it shall choose which license application it wants to abandon and such licenses shall become available to the next qualified applicant in the region in which the abandoned license was awarded.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/15-40)Sec. 15-40. Dispensing organization agent identification card; agent training.(a) The Department shall:(1) verify the information contained in an     application or renewal for a dispensing organization agent identification card submitted under this Article, and approve or deny an application or renewal, within 30 days of receiving a completed application or renewal application and all supporting documentation required by rule;(2) issue a dispensing organization agent     identification card to a qualifying agent within 15 business days of approving the application or renewal;(3) enter the registry identification number of the     dispensing organization where the agent works;(4) within one year from the effective date of this     Act, allow for an electronic application process and provide a confirmation by electronic or other methods that an application has been submitted; and(5) collect a $100 nonrefundable fee from the     applicant to be deposited into the Cannabis Regulation Fund.(b) A dispensing organization agent must keep his or her identification card visible at all times when in the dispensary.(c) The dispensing organization agent identification cards shall contain the following:(1) the name of the cardholder;(2) the date of issuance and expiration date of the     dispensing organization agent identification cards;(3) a random 10-digit alphanumeric identification     number containing at least 4 numbers and at least 4 letters that is unique to the cardholder; and(4) a photograph of the cardholder.(d) The dispensing organization agent identification cards shall be immediately returned to the dispensing organization upon termination of employment.(e) The Department shall not issue an agent identification card if the applicant is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois.(f) Any card lost by a dispensing organization agent shall be reported to the Illinois State Police and the Department immediately upon discovery of the loss.(g) An applicant shall be denied a dispensing organization agent identification card renewal if he or she fails to complete the training provided for in this Section.(h) A dispensing organization agent shall only be required to hold one card for the same employer regardless of what type of dispensing organization license the employer holds.(i) Cannabis retail sales training requirements.(1) Within 90 days of September 1, 2019, or 90 days     of employment, whichever is later, all owners, managers, employees, and agents involved in the handling or sale of cannabis or cannabis-infused product employed by an adult use dispensing organization or medical cannabis dispensing organization as defined in Section 10 of the Compassionate Use of Medical Cannabis Program Act shall attend and successfully complete a Responsible Vendor Program.(2) Each owner, manager, employee, and agent of an     adult use dispensing organization or medical cannabis dispensing organization shall successfully complete the program annually.(3) Responsible Vendor Program Training modules shall     include at least 2 hours of instruction time approved by the Department including:(i) Health and safety concerns of cannabis use,         including the responsible use of cannabis, its physical effects, onset of physiological effects, recognizing signs of impairment, and appropriate responses in the event of overconsumption.(ii) Training on laws and regulations on driving         while under the influence and operating a watercraft or snowmobile while under the influence.(iii) Sales to minors prohibition. Training shall         cover all relevant Illinois laws and  rules.(iv) Quantity limitations on sales to purchasers.         Training shall cover all relevant Illinois laws and rules.(v) Acceptable forms of identification. Training         shall include:(I) How to check identification; and(II) Common mistakes made in verification;(vi) Safe storage of cannabis;(vii) Compliance with all inventory tracking         system regulations;(viii) Waste handling, management, and disposal;(ix) Health and safety standards;(x) Maintenance of records;(xi) Security and surveillance requirements;(xii) Permitting inspections by State and local         licensing and enforcement authorities;(xiii) Privacy issues;(xiv) Packaging and labeling requirement for         sales to purchasers; and(xv) Other areas as determined by rule.(j) Blank.(k) Upon the successful completion of the Responsible Vendor Program, the provider shall deliver proof of completion either through mail or electronic communication to the dispensing organization, which shall retain a copy of the certificate.(l) The license of a dispensing organization or medical cannabis dispensing organization whose owners, managers, employees, or agents fail to comply with this Section may be suspended or permanently revoked under Section 15-145 or may face other disciplinary action.(m) The regulation of dispensing organization and medical cannabis dispensing employer and employee training is an exclusive function of the State, and regulation by a unit of local government, including a home rule unit, is prohibited. This subsection (m) is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.(n) Persons seeking Department approval to offer the training required by paragraph (3) of subsection (i) may apply for such approval between August 1 and August 15 of each odd-numbered year in a manner prescribed by the Department.(o) Persons seeking Department approval to offer the training required by paragraph (3) of subsection (i) shall submit a nonrefundable application fee of $2,000 to be deposited into the Cannabis Regulation Fund or a fee as may be set by rule.  Any changes made to the training module shall be approved by the Department.(p) The Department shall not unreasonably deny approval of a training module that meets all the requirements of paragraph (3) of subsection (i). A denial of approval shall include a detailed description of the reasons for the denial.(q) Any person approved to provide the training required by paragraph (3) of subsection (i) shall submit an application for re-approval between August 1 and August 15 of each odd-numbered year and include a nonrefundable application fee of $2,000 to be deposited into the Cannabis Regulation Fund or a fee as may be set by rule.(r) All persons applying to become or renewing their registrations to be agents, including agents-in-charge and principal officers, shall disclose any disciplinary action taken against them that may have occurred in Illinois, another state, or another country in relation to their employment at a cannabis business establishment or at any cannabis cultivation center, processor, infuser, dispensary, or other cannabis business establishment.(s) An agent applicant may begin employment at a dispensing organization while the agent applicant's identification card application is pending. Upon approval, the Department shall issue the agent's identification card to the agent. If denied, the dispensing organization and the agent applicant shall be notified and the agent applicant must cease all activity at the dispensing organization immediately. (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) (410 ILCS 705/15-45)Sec. 15-45. Renewal.(a) Adult Use Dispensing Organization Licenses shall expire on March 31 of even-numbered years.(b) Agent identification cards shall expire one year from the date they are issued.(c) Licensees and dispensing agents shall submit a renewal application as provided by the Department and pay the required renewal fee. The Department shall require an agent, employee, contracting, and subcontracting diversity report and an environmental impact report with its renewal application. No license or agent identification card shall be renewed if it is currently under revocation or suspension for violation of this Article or any rules that may be adopted under this Article or the licensee, principal officer, board member, person having a financial or voting interest of 5% or greater in the licensee, or agent is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois.(d) Renewal fees are:(1) For a dispensing organization, $60,000, to be     deposited into the Cannabis Regulation Fund.(2) For an agent identification card, $100, to be     deposited into the Cannabis Regulation Fund.(e) If a dispensing organization fails to renew its license before expiration, the dispensing organization shall cease operations until the license is renewed.(f) If a dispensing organization agent fails to renew his or her registration before its expiration, he or she shall cease to perform duties authorized by this Article at a dispensing organization until his or her registration is renewed.(g) Any dispensing organization that continues to operate or dispensing agent that continues to perform duties authorized by this Article at a dispensing organization that fails to renew its license is subject to penalty as provided in this Article, or any rules that may be adopted pursuant to this Article.(h) The Department shall not renew a license if the applicant is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois. The Department shall not renew a dispensing agent identification card if the applicant is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/15-50)Sec. 15-50. Disclosure of ownership and control.(a) Each dispensing organization applicant and licensee shall file and maintain a Table of Organization, Ownership and Control  with the Department. The Table of Organization, Ownership and Control  shall contain the information required by this Section in sufficient detail to identify all owners, directors, and principal officers, and the title of each principal officer or business entity that, through direct or indirect means, manages, owns, or controls the applicant or licensee.(b) The Table of Organization, Ownership and Control  shall identify the following information:(1) The management structure, ownership, and control     of the applicant or license holder including the name of each principal officer or business entity, the office or position held, and the percentage ownership interest, if any. If the business entity has a parent company, the name of each owner, board member, and officer of the parent company and his or her percentage ownership interest in the parent company and the dispensing organization.(2) If the applicant or licensee is a business entity     with publicly traded stock, the identification of ownership shall be provided as required in subsection (c).(c) If a business entity identified in subsection (b) is a publicly traded company, the following information shall be provided in the Table of Organization, Ownership and Control:(1) The name and percentage of ownership interest of     each individual or business entity with ownership of more than 5% of the voting shares of the entity, to the extent such information is known or contained in 13D or 13G Securities and Exchange Commission filings.(2) To the extent known, the names and percentage of     interest of ownership of persons who are relatives of one another and who together exercise control over or own more than 10% of the voting shares of the entity.(d) A dispensing organization with a parent company or companies, or partially owned or controlled by another entity must disclose to the Department the relationship and all owners, board members, officers, or individuals with control or management of those entities. A dispensing organization shall not shield its ownership or control from the Department.(e) All principal officers must submit a complete online application with the Department within 14 days of the dispensing organization being licensed by the Department or within 14 days of Department notice of approval as a new principal officer.(f) A principal officer may not allow his or her registration to expire.(g) A dispensing organization separating with a principal officer must do so under this Act. The principal officer must communicate the separation to the Department within 5 business days.(h) A principal officer not in compliance with the requirements of this Act shall be removed from his or her position with the dispensing organization or shall otherwise terminate his or her affiliation. Failure to do so may subject the dispensing organization to discipline, suspension, or revocation of its license by the Department.(i) It is the responsibility of the dispensing organization and its principal officers to promptly notify the Department of any change of the principal place of business address, hours of operation, change in ownership or control, or a change of the dispensing organization's primary or secondary contact information. Any changes must be made to the Department in writing. 
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/15-55)Sec. 15-55. Financial responsibility. Evidence of financial responsibility is a requirement for the issuance, maintenance, or reactivation of a license under this Article. Evidence of financial responsibility shall be used to guarantee that the dispensing organization timely and successfully completes dispensary construction, operates in a manner that provides an uninterrupted supply of cannabis, faithfully pays registration renewal fees, keeps accurate books and records, makes regularly required reports, complies with State tax requirements, and conducts the dispensing organization in conformity with this Act and rules. Evidence of financial responsibility shall be provided by one of the following:(1) Establishing and maintaining an escrow or surety     account in a financial institution in the amount of $50,000, with escrow terms, approved by the Department, that it shall be payable to the Department in the event of circumstances outlined in this Act and rules.(A) A financial institution may not return money         in an escrow or surety account to the dispensing organization that established the account or a representative of the organization unless the organization or representative presents a statement issued by the Department indicating that the account may be released.(B) The escrow or surety account shall not be         canceled on less than 30 days' notice in writing to the Department, unless otherwise approved by the Department. If an escrow or surety account is canceled and the registrant fails to secure a new account with the required amount on or before the effective date of cancellation, the registrant's registration may be permanently revoked. The total and aggregate liability of the surety on the bond is limited to the amount specified in the escrow or surety account.(2) Providing a surety bond in the amount of $50,000,     naming the dispensing organization as principal of the bond, with terms, approved by the Department, that the bond defaults to the Department in the event of circumstances outlined in this Act and rules. Bond terms shall include:(A) The business name and registration number on         the bond must correspond exactly with the business name and registration number in the Department's records.(B) The bond must be written on a form approved         by the Department.(C) A copy of the bond must be received by the         Department within 90 days after the effective date.(D) The bond shall not be canceled by a surety on         less than 30 days' notice in writing to the Department. If a bond is canceled and the registrant fails to file a new bond with the Department in the required amount on or before the effective date of cancellation, the registrant's registration may be permanently revoked. The total and aggregate liability of the surety on the bond is limited to the amount specified in the bond.(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/15-60)Sec. 15-60. Changes to a dispensing organization.(a) A license shall be issued to the specific dispensing organization identified on the application and for the specific location proposed. The license is valid only as designated on the license and for the location for which it is issued.(b) A dispensing organization may only add principal officers after being approved by the Department.(c) A dispensing organization shall provide written notice of the removal of a principal officer within 5 business days after removal. The notice shall include the written agreement of the principal officer being removed, unless otherwise approved by the Department, and allocation of ownership shares after removal in an updated ownership chart.(d) A dispensing organization shall provide a written request to the Department for the addition of principal officers. A dispensing organization shall submit proposed principal officer applications on forms approved by the Department.(e) All proposed new principal officers shall be subject to the requirements of this Act, this Article, and any rules that may be adopted pursuant to this Act.(f) The Department may prohibit the addition of a principal officer to a dispensing organization for failure to comply with this Act, this Article, and any rules that may be adopted pursuant to this Act.(g) A dispensing organization may not assign a license.(h) A dispensing organization may not transfer a license without prior Department approval. Such approval may be withheld if the person to whom the license is being transferred does not commit to the same or a similar community engagement plan provided as part of the dispensing organization's application under paragraph (18) of  subsection (d) of Section 15-25, and such transferee's license shall be conditional upon that commitment.(i) With the addition or removal of principal officers, the Department will review the ownership structure to determine whether the change in ownership has had the effect of a transfer of the license. The dispensing organization shall supply all ownership documents requested by the Department.(j) A dispensing organization may apply to the Department to approve a sale of the dispensing organization. A request to sell the dispensing organization must be on application forms provided by the Department. A request for an approval to sell a dispensing organization must comply with the following:(1) New application materials shall comply with this     Act and any rules that may be adopted pursuant to this Act;(2) Application materials shall include a change of     ownership fee of $5,000 to be deposited into the Cannabis Regulation Fund;(3) The application materials shall provide proof     that the transfer of ownership will not have the effect of granting any of the owners or principal officers direct or indirect ownership or control of  more than 10 adult use dispensing organization licenses;(4) New principal officers shall each complete the     proposed new principal officer application;(5) If the Department approves the application     materials and proposed new principal officer applications, it will perform an inspection before approving the sale and issuing the dispensing organization license;(6) If a new license is approved, the Department will     issue a new license number and certificate to the new dispensing organization.(k) The dispensing organization shall provide the Department with the personal information for all new dispensing organizations agents as required in this Article and all new dispensing organization agents shall be subject to the requirements of this Article. A dispensing organization agent must obtain an agent identification card from the Department before beginning work at a dispensary.(l) Before remodeling, expansion, reduction, or other physical, noncosmetic alteration of a dispensary, the dispensing organization must notify the Department and confirm the alterations are in compliance with this Act and any rules that may be adopted pursuant to this Act.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/15-65)Sec. 15-65. Administration.(a) A dispensing organization shall establish, maintain, and comply with written policies and procedures as submitted in the Business, Financial and Operating plan as required in this Article or by rules established by the Department, and approved by the Department, for the security, storage, inventory, and distribution of cannabis. These policies and procedures shall include methods for identifying, recording, and reporting diversion, theft, or loss, and for correcting errors and inaccuracies in inventories. At a minimum, dispensing organizations shall ensure the written policies and procedures provide for the following:(1) Mandatory and voluntary recalls of cannabis     products. The policies shall be adequate to deal with recalls due to any action initiated at the request of the Department and any voluntary action by the dispensing organization to remove defective or potentially defective cannabis from the market or any action undertaken to promote public health and safety, including:(i) A mechanism reasonably calculated to contact         purchasers who have, or likely have, obtained the product from the dispensary, including information on the policy for return of the recalled product;(ii) A mechanism to identify and contact the         adult use cultivation center, craft grower, or infuser that manufactured the cannabis;(iii) Policies for communicating with the         Department, the Department of Agriculture, and the Department of Public Health within 24 hours of discovering defective or potentially defective cannabis; and(iv) Policies for destruction of any recalled         cannabis product;(2) Responses to local, State, or national     emergencies, including natural disasters, that affect the security or operation of a dispensary;(3) Segregation and destruction of outdated, damaged,     deteriorated, misbranded, or adulterated cannabis. This procedure shall provide for written documentation of the cannabis disposition;(4) Ensure the oldest stock of a cannabis product is     distributed first. The procedure may permit deviation from this requirement, if such deviation is temporary and appropriate;(5) Training of dispensing organization agents in the     provisions of this Act and rules, to effectively operate the point-of-sale system and the State's verification system, proper inventory handling and tracking, specific uses of cannabis or cannabis-infused products, instruction regarding regulatory inspection preparedness and law enforcement interaction, awareness of the legal requirements for maintaining status as an agent, and other topics as specified by the dispensing organization or the Department. The dispensing organization shall maintain evidence of all training provided to each agent in its files that is subject to inspection and audit by the Department.  The dispensing organization shall ensure agents receive a minimum of 8 hours of training subject to the requirements in subsection (i) of Section 15-40 annually, unless otherwise approved by the Department;(6) Maintenance of business records consistent with     industry standards, including bylaws, consents, manual or computerized records of assets and liabilities, audits, monetary transactions, journals, ledgers, and supporting documents, including agreements, checks, invoices, receipts, and vouchers.  Records shall be maintained in a manner consistent with this Act and shall be retained for 5 years;(7) Inventory control, including:(i) Tracking purchases and denials of sale;(ii) Disposal of unusable or damaged cannabis as         required by this Act and rules; and(8) Purchaser education and support, including:(i) Whether possession of cannabis is illegal         under federal law;(ii) Current educational information issued by         the Department of Public Health about the health risks associated with the use or abuse of cannabis;(iii) Information about possible side effects;(iv) Prohibition on smoking cannabis in public         places; and(v) Offering  any other appropriate purchaser         education or support materials.(b) Blank.(c) A dispensing organization shall maintain copies of the policies and procedures on the dispensary premises and provide copies to the Department upon request. The dispensing organization shall review the dispensing organization policies and procedures at least once every 12 months from the issue date of the license and update as needed due to changes in industry standards or as requested by the Department.(d) A dispensing organization shall ensure that each principal officer and each dispensing organization agent has a current agent identification card in the agent's immediate possession when the agent is at the dispensary.(e) A dispensing organization shall provide prompt written notice to the Department, including the date of the event, when a dispensing organization agent no longer is employed by the dispensing organization.(f) A dispensing organization shall promptly document and report any loss or theft of cannabis from the dispensary to the Illinois State Police and the Department.  It is the duty of any dispensing organization agent who becomes aware of the loss or theft to report it as provided in this Article.(g) A dispensing organization shall post the following information in a conspicuous location in an area of the dispensary accessible to consumers:(1) The dispensing organization's license;(2) The hours of operation.(h) Signage that shall be posted inside the premises.(1) All dispensing organizations must display a     placard that states the following: "Cannabis consumption can impair cognition and driving, is for adult use only, may be habit forming, and should not be used by pregnant or breastfeeding women.".(2) Any dispensing organization that sells edible     cannabis-infused products must display a placard that states the following:(A) "Edible cannabis-infused products were         produced in a kitchen that may also process common food allergens."; and(B) "The effects of cannabis products can vary         from person to person, and it can take as long as two hours to feel the effects of some cannabis-infused products. Carefully review the portion size information and warnings contained on the product packaging before consuming.".(3) All of the required signage in this subsection     (h) shall be no smaller than 24 inches tall by 36 inches wide, with typed letters no smaller than 2 inches. The signage shall be clearly visible and readable by customers. The signage shall be placed in the area where cannabis and cannabis-infused products are sold and may be translated into additional languages as needed. The Department may require a dispensary to display the required signage in a different language, other than English, if the Secretary deems it necessary.(i) A dispensing organization shall prominently post notices inside the dispensing organization that state activities that are strictly prohibited and punishable by law, including, but not limited to:(1) no minors permitted on the premises unless the     minor is a minor qualifying patient under the Compassionate Use of Medical Cannabis Program Act;(2) distribution to persons under the age of 21 is     prohibited;(3) transportation of cannabis or cannabis products     across state lines is prohibited.(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-538, eff. 8-20-21.) (410 ILCS 705/15-70)Sec. 15-70. Operational requirements; prohibitions.(a) A dispensing organization shall operate in accordance with the representations made in its application and license materials. It shall be in compliance with this Act and rules.(b) A dispensing organization must include the legal name of the dispensary on the packaging of any cannabis product it sells.(c) All cannabis, cannabis-infused products, and cannabis seeds must be obtained from an Illinois registered adult use cultivation center, craft grower, infuser, or another dispensary.(d) Dispensing organizations are prohibited from selling any product containing alcohol except tinctures, which must be limited to containers that are no larger than 100 milliliters.(e) A dispensing organization shall inspect and count product received from a transporting organization, adult use cultivation center, craft grower, infuser organization, or other dispensing organization before dispensing it.(f) A dispensing organization may only accept cannabis deliveries into a restricted access area. Deliveries may not be accepted through the public or limited access areas unless otherwise approved by the Department.(g) A dispensing organization shall maintain compliance with State and local building, fire, and zoning requirements or regulations.(h) A dispensing organization shall submit a list to the Department of the names of all service professionals that will work at the dispensary. The list shall include a description of the type of business or service provided. Changes to the service professional list shall be promptly provided. No service professional shall work in the dispensary until the name is provided to the Department on the service professional list.(i) A dispensing organization's license allows for a dispensary to be operated only  at a single location.(j) A dispensary may operate between 6 a.m. and 10 p.m. local time.(k) A dispensing organization must keep all lighting outside and inside the dispensary in good working order and wattage sufficient for security cameras.(l) A dispensing organization must keep all air treatment systems that will be installed to reduce odors in good working order.(m) A dispensing organization must contract with a private security contractor that is licensed under Section 10-5 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 to provide on-site security at all hours of the dispensary's operation.(n) A dispensing organization shall ensure that any building or equipment used by a dispensing organization for the storage or sale of cannabis is maintained in a clean and sanitary condition.(o) The dispensary shall be free from infestation by insects, rodents, or pests.(p) A dispensing organization shall not:(1) Produce or manufacture cannabis;(2) Accept a cannabis product from an adult use     cultivation center, craft grower, infuser, dispensing organization, or transporting organization unless it is pre-packaged and labeled in accordance with this Act and any rules that may be adopted pursuant to this Act;(3) Obtain cannabis or cannabis-infused products from     outside the State of Illinois;(4) Sell cannabis or cannabis-infused products to a     purchaser unless the dispensing organization is licensed under the Compassionate Use of Medical Cannabis Program Act, and the individual is registered under the Compassionate Use of Medical Cannabis Program or the purchaser has been verified to be 21 years of age or older;(5) Enter into an exclusive agreement with any adult     use cultivation center, craft grower, or infuser. Dispensaries shall provide consumers an assortment of products from various cannabis business establishment licensees such that the inventory available for sale at any dispensary from any single cultivation center, craft grower, processor, transporter, or infuser entity shall not be more than 40% of the total inventory available for sale.  For the purpose of this subsection, a cultivation center, craft grower, processor, or infuser shall be considered part of the same entity if the licensees share at least one principal officer.  The Department may request that a dispensary diversify its products as needed or otherwise discipline a dispensing organization for violating this requirement;(6) Refuse to conduct business with an adult use     cultivation center, craft grower, transporting organization, or infuser that has the ability to properly deliver the product and is permitted by the Department of Agriculture, on the same terms as other adult use cultivation centers, craft growers, infusers, or transporters with whom it is dealing;(7) Operate drive-through windows;(8) Allow for the dispensing of cannabis or     cannabis-infused products in vending machines;(9) Transport cannabis to residences or other     locations where purchasers may be for delivery;(10) Enter into agreements to allow persons who are     not dispensing organization agents to deliver cannabis or to transport cannabis to purchasers;(11) Operate a dispensary if its video surveillance     equipment is inoperative;(12) Operate a dispensary if the point-of-sale     equipment is inoperative;(13) Operate a dispensary if the State's cannabis     electronic verification system is inoperative;(14) Have fewer than 2 people working at the     dispensary at any time while the dispensary is open;(15) Be located within 1,500 feet of the property     line of a pre-existing dispensing organization, unless the applicant is a Social Equity Applicant or Social Equity Justice Involved Applicant located or seeking to locate within 1,500 feet of a dispensing organization licensed under Section 15-15 or Section 15-20;(16) Sell clones or any other live plant material;(17) Sell cannabis, cannabis concentrate, or     cannabis-infused products in combination or bundled with each other or any other items for one price, and each item of cannabis, concentrate, or cannabis-infused product must be separately identified by quantity and price on the receipt;(18) Violate any other requirements or prohibitions     set by Department rules.(q) It is unlawful for any person having an Early Approval Adult Use Cannabis Dispensing Organization License, a Conditional Adult Use Cannabis Dispensing Organization, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act or any officer, associate, member, representative, or agent of such
licensee to accept, receive, or borrow money or anything else
of value or accept or receive credit (other than merchandising
credit in the ordinary course of business for a period not to
exceed 30 days) directly or indirectly from any adult use
cultivation center, craft grower, infuser, or transporting
organization in exchange for preferential placement on the dispensing organization's shelves, display cases, or website.  This includes anything received or borrowed or from any stockholders, officers, agents, or persons connected with an adult
use cultivation center, craft grower, infuser, or
transporting organization.(r) It is unlawful for any person having an Early Approval Adult Use Cannabis Dispensing Organization License, a Conditional Adult Use Cannabis Dispensing Organization, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program to enter into any contract with any person licensed to cultivate, process, or transport cannabis whereby such dispensing organization agrees not to sell any cannabis cultivated, processed, transported, manufactured, or distributed by any other cultivator, transporter, or infuser, and any provision in any contract violative of this Section shall render the whole of such contract void and no action shall be brought thereon in any court.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-98, eff. 7-15-21.) (410 ILCS 705/15-75)Sec. 15-75. Inventory control system.(a) A dispensing organization agent-in-charge shall have primary oversight of the dispensing organization's cannabis inventory verification system, and its point-of-sale system.  The inventory point-of-sale system shall be real-time, web-based, and accessible by the Department at any time. The point-of-sale system shall track, at a minimum the date of sale, amount, price, and currency.(b) A dispensing organization shall establish an account with the State's verification system that documents:(1) Each sales transaction at the time of sale and     each day's beginning inventory, acquisitions, sales, disposal, and ending inventory.(2) Acquisition of cannabis and cannabis-infused     products from a licensed adult use cultivation center, craft grower, infuser, or transporter, including:(i) A description of the products, including the         quantity, strain, variety, and batch number of each product received;(ii) The name and registry identification number         of the licensed adult use cultivation center, craft grower, or infuser providing the cannabis and cannabis-infused products;(iii) The name and registry identification number         of the licensed adult use cultivation center, craft grower, infuser, or transporting agent delivering the cannabis;(iv) The name and registry identification number         of the dispensing organization agent receiving the cannabis; and(v) The date of acquisition.(3) The disposal of cannabis, including:(i) A description of the products, including the         quantity, strain, variety, batch number, and reason for the cannabis being disposed;(ii) The method of disposal; and(iii) The date and time of disposal.(c) Upon cannabis delivery, a dispensing organization shall confirm the product's name, strain name, weight, and identification number on the manifest matches the information on the cannabis product label and package.  The product name listed and the weight listed in the State's verification system shall match the product packaging.(d) The agent-in-charge shall conduct daily inventory reconciliation documenting and balancing cannabis inventory by confirming the State's verification system matches the dispensing organization's point-of-sale system and the amount of physical product at the dispensary.(1) A dispensing organization must receive Department     approval before completing an inventory adjustment.  It shall provide a detailed reason for the adjustment.  Inventory adjustment documentation shall be kept at the dispensary for 2 years from the date performed.(2) If the dispensing organization identifies an     imbalance in the amount of cannabis after the daily inventory reconciliation due to mistake, the dispensing organization shall determine how the imbalance occurred and immediately upon discovery take and document corrective action.  If the dispensing organization cannot identify the reason for the mistake within 2 calendar days after first discovery, it shall inform the Department immediately in writing of the imbalance and the corrective action taken to date.  The dispensing organization shall work diligently to determine the reason for the mistake.(3) If the dispensing organization identifies an     imbalance in the amount of cannabis after the daily inventory reconciliation or through other means due to theft, criminal activity, or suspected criminal activity, the dispensing organization shall immediately determine how the reduction occurred and take and document corrective action.  Within 24 hours after the first discovery of the reduction due to theft, criminal activity, or suspected criminal activity, the dispensing organization shall inform the Department  and the Illinois State Police in writing.(4) The dispensing organization shall file an annual     compilation report with the Department, including a financial statement that shall include, but not be limited to, an income statement, balance sheet, profit and loss statement, statement of cash flow, wholesale cost and sales, and any other documentation requested by the Department  in writing.  The financial statement shall include any other information the Department deems necessary in order to effectively administer this Act and all rules, orders, and final decisions promulgated under this Act.  Statements required by this Section shall be filed with the Department within 60 days after the end of the calendar year.  The compilation report shall include a letter authored by a licensed certified public accountant that it has been reviewed and is accurate based on the information provided.  The dispensing organization, financial statement, and accompanying documents are not required to be audited unless specifically requested by the Department.(e) A dispensing organization shall:(1) Maintain the documentation required in this     Section in a secure locked location at the dispensing organization for 5 years from the date on the document;(2) Provide any documentation required to be     maintained in this Section to the Department for review upon request; and(3) If maintaining a bank account, retain for a     period of 5 years a record of each deposit or withdrawal from the account.(f) If a dispensing organization chooses to have a return policy for cannabis and cannabis products, the dispensing organization shall seek prior approval from the Department.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-538, eff. 8-20-21.) (410 ILCS 705/15-80)Sec. 15-80. Storage requirements.(a) Authorized on-premises storage. A dispensing organization must store inventory on its premises. All inventory stored on the premises must be secured in a restricted access area and tracked consistently with the inventory tracking rules.(b) A dispensary shall be of suitable size and construction to facilitate cleaning, maintenance, and proper operations.(c) A dispensary shall maintain adequate lighting, ventilation, temperature, humidity control, and equipment.(d) Containers storing cannabis that have been tampered with, damaged, or opened shall be labeled with the date opened and quarantined from other cannabis products in the vault until they are disposed.(e) Cannabis that was tampered with, expired, or damaged shall not be stored at the premises for more than 7 calendar days.(f) Cannabis samples shall be in a sealed container. Samples shall be maintained in the restricted access area.(g) The dispensary storage areas shall be maintained in accordance with the security requirements in this Act and rules.(h) Cannabis must be stored at appropriate temperatures and under appropriate conditions to help ensure that its packaging, strength, quality, and purity are not adversely affected.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/15-85)Sec. 15-85. Dispensing cannabis.(a) Before a dispensing organization agent dispenses cannabis to a purchaser, the agent shall:(1) Verify the age of the purchaser by checking a     government-issued identification card by use of an electronic reader or electronic scanning device to scan a purchaser's government-issued identification, if applicable, to determine the purchaser's age and the validity of the identification;(2) Verify the validity of the government-issued     identification card by use of an electronic reader  or electronic scanning device to scan a purchaser's government-issued identification, if applicable, to determine the purchaser's age and the validity of the identification;(3) Offer any appropriate purchaser education or     support materials;(4) Enter the following information into the State's     cannabis electronic verification system:(i) The dispensing organization agent's         identification number, or if the agent's card application is pending the Department's approval, a temporary and unique identifier until the agent's card application is approved or denied by the Department;(ii) The dispensing organization's identification         number;(iii) The amount, type (including strain, if         applicable) of cannabis or cannabis-infused product dispensed;(iv) The date and time the cannabis was dispensed.(b) A dispensing organization shall refuse to sell cannabis or cannabis-infused products to any person unless the person produces a valid identification showing that the person is 21 years of age or older. A medical cannabis dispensing organization may sell cannabis or cannabis-infused products to a person who is under 21 years of age if the sale complies with the provisions of the Compassionate Use of Medical Cannabis Program Act and rules.(c) For the purposes of this Section, valid identification must:(1) Be valid and unexpired;(2) Contain a photograph and the date of birth of the     person.(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-98, eff. 7-15-21.) (410 ILCS 705/15-90)Sec. 15-90. Destruction and disposal of cannabis.(a) Cannabis and cannabis-infused products must be destroyed by rendering them unusable using methods approved by the Department that comply with this Act and rules.(b) Cannabis waste rendered unusable must be promptly disposed according to this Act and rules. Disposal of the cannabis waste rendered unusable may be delivered to a permitted solid waste facility for final disposition. Acceptable permitted solid waste facilities include, but are not limited to:(1) Compostable mixed waste: Compost, anaerobic     digester, or other facility with approval of the jurisdictional health department.(2) Noncompostable mixed waste: Landfill,     incinerator, or other facility with approval of the jurisdictional health department.(c) All waste and unusable product shall be weighed, recorded, and entered into the inventory system before rendering it unusable. All waste and unusable cannabis concentrates and cannabis-infused products shall be recorded and entered into the inventory system before rendering it unusable. Verification of this event shall be performed by an agent-in-charge and conducted in an area with video surveillance.(d) Electronic documentation of destruction and disposal shall be maintained for a period of at least 5 years. 
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/15-95)Sec. 15-95. Agent-in-charge.(a) Every dispensing organization shall designate, at a minimum, one agent-in-charge for each licensed dispensary. The designated agent-in-charge must hold a dispensing organization agent identification card. Maintaining an agent-in-charge is a continuing requirement for the license, except as provided in subsection (f).(b) The agent-in-charge shall be a principal officer or a full-time agent of the dispensing organization and shall manage the dispensary. Managing the dispensary includes, but is not limited to, responsibility for opening and closing the dispensary, delivery acceptance, oversight of sales and dispensing organization agents, recordkeeping, inventory, dispensing organization agent training, and compliance with this Act and rules. Participation in affairs also includes the responsibility for maintaining all files subject to audit or inspection by the Department at the dispensary.(c) The agent-in-charge is responsible for promptly notifying the Department of any change of information required to be reported to the Department.(d) In determining whether an agent-in-charge manages the dispensary, the Department may consider the responsibilities identified in this Section, the number of dispensing organization agents under the supervision of the agent-in-charge, and the employment relationship between the agent-in-charge and the dispensing organization, including the existence of a contract for employment and any other relevant fact or circumstance.(e) The agent-in-charge is responsible for notifying the Department of a change in the employment status of all dispensing organization agents within 5 business days after the change, including notice to the Department if the termination of an agent was for diversion of product or theft of currency.(f) In the event of the separation of an agent-in-charge due to death, incapacity, termination, or any other reason and if the dispensary does not have an active agent-in-charge, the dispensing organization shall immediately contact the Department and request a temporary certificate of authority allowing the continuing operation. The request shall include the name of an interim agent-in-charge until a replacement is identified, or shall include the name of the replacement. The Department shall issue the temporary certificate of authority promptly after it approves the request. If a dispensing organization fails to promptly request a temporary certificate of authority after the separation of the agent-in-charge, its registration shall cease until the Department approves the temporary certificate of authority or registers a new agent-in-charge. No temporary certificate of authority shall be valid for more than 90 days. The succeeding agent-in-charge shall register with the Department in compliance with this Article. Once the permanent succeeding agent-in-charge is registered with the Department, the temporary certificate of authority is void. No temporary certificate of authority shall be issued for the separation of an agent-in-charge due to disciplinary action by the Department related to his or her conduct on behalf of the dispensing organization.(g) The dispensing organization agent-in-charge registration shall expire one year from the date it is issued. The agent-in-charge's registration shall be renewed annually. The Department shall review the dispensing organization's compliance history when determining whether to grant the request to renew.(h) Upon termination of an agent-in-charge's employment, the dispensing organization shall immediately reclaim the dispensing agent identification card. The dispensing organization shall promptly return the identification card to the Department.(i) The Department may deny an application or renewal or discipline or revoke an agent-in-charge identification card for any of the following reasons:(1) Submission of misleading, incorrect, false, or     fraudulent information in the application or renewal application;(2) Violation of the requirements of this Act or     rules;(3) Fraudulent use of the agent-in-charge     identification card;(4) Selling, distributing, transferring in any     manner, or giving cannabis to any unauthorized person;(5) Theft of cannabis, currency, or any other items     from a dispensary;(6) Tampering with, falsifying, altering, modifying,     or duplicating an agent-in-charge identification card;(7) Tampering with, falsifying, altering, or     modifying the surveillance video footage, point-of-sale system, or the State's verification system;(8) Failure to notify the Department immediately upon     discovery that the agent-in-charge identification card has been lost, stolen, or destroyed;(9) Failure to notify the Department within 5     business days after a change in the information provided in the application for an agent-in-charge identification card;(10) Conviction of a felony offense in accordance     with Sections 2105-131, 2105-135, and 2105-205 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois or any incident listed in this Act or rules following the issuance of an agent-in-charge identification card;(11) Dispensing to purchasers in amounts above the     limits provided in this Act; or(12) Delinquency in filing any required tax returns     or paying any amounts owed to the State of Illinois.(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/15-100)Sec. 15-100. Security.(a) A dispensing organization shall implement security measures to deter and prevent entry into and theft of cannabis or currency.(b) A dispensing organization shall submit any changes to the floor plan or security plan to the Department for pre-approval. All cannabis shall be maintained and stored in a restricted access area during construction.(c) The dispensing organization shall implement security measures to protect the premises, purchasers, and dispensing organization agents including, but not limited to the following:(1) Establish a locked door or barrier between the     facility's entrance and the limited access area;(2) Prevent individuals from remaining on the     premises if they are not engaging in activity permitted by this Act or rules;(3) Develop a policy that addresses the maximum     capacity and purchaser flow in the waiting rooms and limited access areas;(4) Dispose of cannabis in accordance with this Act     and rules;(5) During hours of operation, store and dispense all     cannabis from the restricted access area. During operational hours, cannabis shall be stored in an enclosed locked room or cabinet and accessible only to specifically authorized dispensing organization agents;(6) When the dispensary is closed, store all cannabis     and currency in a reinforced vault room in the restricted access area and in a manner as to prevent diversion, theft, or loss;(7) Keep the reinforced vault room and any other     equipment or cannabis storage areas securely locked and protected from unauthorized entry;(8) Keep an electronic daily log of dispensing     organization agents with access to the reinforced vault room and knowledge of the access code or combination;(9) Keep all locks and security equipment in good     working order;(10) Maintain an operational security and alarm     system at all times;(11) Prohibit keys, if applicable, from being left in     the locks, or stored or placed in a location accessible to persons other than specifically authorized personnel;(12) Prohibit accessibility of security measures,     including combination numbers, passwords, or electronic or biometric security systems to persons other than specifically authorized dispensing organization agents;(13) Ensure that the dispensary interior and exterior     premises are sufficiently lit to facilitate surveillance;(14) Ensure that trees, bushes, and other foliage     outside of the dispensary premises do not allow for a person or persons to conceal themselves from sight;(15) Develop emergency policies and procedures for     securing all product and currency following any instance of diversion, theft, or loss of cannabis, and conduct an assessment to determine whether additional safeguards are necessary; and(16) Develop sufficient additional safeguards in     response to any special security concerns, or as required by the Department.(d) The Department may request or approve alternative security provisions that it determines are an adequate substitute for a security requirement specified in this Article. Any additional protections may be considered by the Department in evaluating overall security measures.(e) A dispensing organization may share premises with a craft grower or an infuser organization, or both, provided each licensee stores currency and cannabis or cannabis-infused products in a separate secured vault to which the other licensee does not have access or all licensees sharing a vault share more than 50% of the same ownership.(f) A dispensing organization shall provide additional security as needed and in a manner appropriate for the community where it operates.(g) Restricted access areas.(1) All restricted access areas must be identified by     the posting of a sign that is a minimum of 12 inches by 12 inches and that states "Do Not Enter - Restricted Access Area - Authorized Personnel Only" in lettering no smaller than one inch in height.(2) All restricted access areas shall be clearly     described in the floor plan of the premises, in the form and manner determined by the Department, reflecting walls, partitions, counters, and all areas of entry and exit. The floor plan shall show all storage, disposal, and retail sales areas.(3) All restricted access areas must be secure, with     locking devices that prevent access from the limited access areas.(h) Security and alarm.(1) A dispensing organization shall have an adequate     security plan and security system to prevent and detect diversion, theft, or loss of cannabis, currency, or unauthorized intrusion using commercial grade equipment installed by an Illinois licensed private alarm contractor or private alarm contractor agency that shall, at a minimum, include:(i) A perimeter alarm on all entry points and         glass break protection on perimeter windows;(ii) Security shatterproof tinted film on         exterior windows;(iii) A failure notification system that provides         an audible, text, or visual notification of any failure in the surveillance system, including, but not limited to, panic buttons, alarms, and video monitoring system. The failure notification system shall provide an alert to designated dispensing organization agents within 5 minutes after the failure, either by telephone or text message;(iv) A duress alarm, panic button, and alarm, or         holdup alarm and after-hours intrusion detection alarm that by design and purpose will directly or indirectly notify, by the most efficient means, the Public Safety Answering Point for the law enforcement agency having primary jurisdiction;(v) Security equipment to deter and prevent         unauthorized entrance into the dispensary, including electronic door locks on the limited and restricted access areas that include devices or a series of devices to detect unauthorized intrusion that may include a signal system interconnected with a radio frequency method, cellular, private radio signals or other mechanical or electronic device.(2) All security system equipment and recordings     shall be maintained in good working order, in a secure location so as to prevent theft, loss, destruction, or alterations.(3) Access to surveillance monitoring recording     equipment shall be limited to persons who are essential to surveillance operations, law enforcement authorities acting within their jurisdiction, security system service personnel, and the Department. A current list of authorized dispensing organization agents and service personnel that have access to the surveillance equipment must be available to the Department upon request.(4) All security equipment shall be inspected and     tested at regular intervals, not to exceed one month from the previous inspection, and tested to ensure the systems remain functional.(5) The security system shall provide protection     against theft and diversion that is facilitated or hidden by tampering with computers or electronic records.(6) The dispensary shall ensure all access doors are     not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.(i) To monitor the dispensary, the dispensing organization shall incorporate continuous electronic video monitoring including the following:(1) All monitors must be 19 inches or greater;(2) Unobstructed video surveillance of all enclosed     dispensary areas, unless prohibited by law, including all points of entry and exit that shall be appropriate for the normal lighting conditions of the area under surveillance.  The cameras shall be directed so all areas are captured, including, but not limited to, safes, vaults, sales areas, and areas where cannabis is stored, handled, dispensed, or destroyed.  Cameras shall be angled to allow for facial recognition, the capture of clear and certain identification of any person entering or exiting the dispensary area and in lighting sufficient during all times of night or day;(3) Unobstructed video surveillance of outside areas,     the storefront, and the parking lot, that shall be appropriate for the normal lighting conditions of the area under surveillance.  Cameras shall be angled so as to allow for the capture of facial recognition, clear and certain identification of any person entering or exiting the dispensary and the immediate surrounding area, and license plates of vehicles in the parking lot;(4) 24-hour recordings from all video cameras     available for immediate viewing by the Department upon request.  Recordings shall not be destroyed or altered and shall be retained for at least 90 days.  Recordings shall be retained as long as necessary if the dispensing organization is aware of the loss or theft of cannabis or a pending criminal, civil, or administrative investigation or legal proceeding for which the recording may contain relevant information;(5) The ability to immediately produce a clear, color     still photo from the surveillance video, either live or recorded;(6) A date and time stamp embedded on all video     surveillance recordings. The date and time shall be synchronized and set correctly and shall not significantly obscure the picture;(7) The ability to remain operational during a power     outage and ensure all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage;(8) All video surveillance equipment shall allow for     the exporting of still images in an industry standard image format, including .jpg, .bmp, and .gif. Exported video shall have the ability to be archived in a proprietary format that ensures authentication of the video and guarantees that no alteration of the recorded image has taken place. Exported video shall also have the ability to be saved in an industry standard file format that can be played on a standard computer operating system. All recordings shall be erased or destroyed before disposal;(9) The video surveillance system shall be     operational during a power outage with a 4-hour minimum battery backup;(10) A video camera or cameras recording at each     point-of-sale location allowing for the identification of the dispensing organization agent distributing the cannabis and any purchaser.  The camera or cameras shall capture the sale, the individuals and the computer monitors used for the sale;(11) A failure notification system that provides an     audible and visual notification of any failure in the electronic video monitoring system; and(12) All electronic video surveillance monitoring     must record at least the equivalent of 8 frames per second and be available as recordings to the Department and the Illinois State Police 24 hours a day via a secure web-based portal with reverse functionality.(j) The requirements contained in this Act are minimum requirements for operating a dispensing organization.  The Department may establish additional requirements by rule.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-538, eff. 8-20-21.) (410 ILCS 705/15-110)Sec. 15-110. Recordkeeping.(a) Dispensing organization records must be maintained electronically for 3 years and be available for inspection by the Department upon request.  Required written records include, but are not limited to, the following:(1) Operating procedures;(2) Inventory records, policies, and procedures;(3) Security records;(4) Audit records;(5) Staff training plans and completion documentation;(6) Staffing plan; and(7) Business records, including but not limited to:(i) Assets and liabilities;(ii) Monetary transactions;(iii) Written or electronic accounts, including         bank statements, journals, ledgers, and supporting documents, agreements, checks, invoices, receipts, and vouchers; and(iv) Any other financial accounts reasonably         related to the dispensary operations.(b) Storage and transfer of records. If a dispensary closes due to insolvency, revocation, bankruptcy, or for any other reason, all records must be preserved at the expense of the dispensing organization for at least 3 years in a form and location in Illinois acceptable to the Department. The dispensing organization shall keep the records longer if requested by the Department. The dispensing organization shall notify the Department of the location where the dispensary records are stored or transferred.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/15-120)Sec. 15-120. Closure of a dispensary.(a) If a dispensing organization decides not to renew its license or decides to close its business, it shall promptly notify the Department not less than 3 months before the effective date of the closing date or as otherwise authorized by the Department.(b) The dispensing organization shall work with the Department to develop a closure plan that addresses, at a minimum, the transfer of business records, transfer of cannabis products, and anything else the Department finds necessary.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/15-125)Sec. 15-125. Fees.    After January 1, 2022, the Department may by rule modify any fee established under this Article.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/15-135)Sec. 15-135. Investigations.(a) Dispensing organizations are subject to random and unannounced dispensary inspections and cannabis testing by the Department, the Illinois State Police, local law enforcement, or as provided by rule.(b) The Department and its authorized representatives may enter any place, including a vehicle, in which cannabis is held, stored, dispensed, sold, produced, delivered, transported, manufactured, or disposed of and inspect, in a reasonable manner, the place and all pertinent equipment, containers and labeling, and all things including records, files, financial data, sales data, shipping data, pricing data, personnel data, research, papers, processes, controls, and facility, and inventory any stock of cannabis and obtain samples of any cannabis or cannabis-infused product, any labels or containers for cannabis, or paraphernalia.(c) The Department may conduct an investigation of an applicant, application, dispensing organization, principal officer, dispensary agent, third party vendor, or any other party associated with a dispensing organization for an alleged violation of this Act or rules or to determine qualifications to be granted a registration by the Department.(d) The Department may require an applicant or holder of any license issued pursuant to this Article to produce documents, records, or any other material pertinent to the investigation of an application or alleged violations of this Act or rules. Failure to provide the required material may be grounds for denial or discipline.(e) Every person charged with preparation, obtaining, or keeping records, logs, reports, or other documents in connection with this Act and rules and every person in charge, or having custody, of those documents shall, upon request by the Department, make the documents immediately available for inspection and copying by the Department, the Department's authorized representative, or others authorized by law to review the documents.
(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) (410 ILCS 705/15-140)Sec. 15-140. Citations.  The Department may issue nondisciplinary citations for minor violations. Any such citation issued by the Department may be accompanied by a fee. The fee shall not exceed $20,000 per violation. The citation shall be issued to the licensee and shall contain the licensee's name and address, the licensee's license number, a brief factual statement, the Sections of the law allegedly violated, and the fee, if any, imposed. The citation must clearly state that the licensee may choose, in lieu of accepting the citation, to request a hearing. If the licensee does not dispute the matter in the citation with the Department within 30 days after the citation is served, then the citation shall become final and not subject to appeal. The penalty shall be a fee or other conditions as established by rule.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/15-145)Sec. 15-145. Grounds for discipline.(a) The Department may deny issuance, refuse to renew or restore, or may reprimand, place on probation, suspend, revoke, or take other disciplinary or nondisciplinary action against any license or agent identification card or may impose a fine for any of the following:(1) Material misstatement in furnishing information     to the Department;(2) Violations of this Act or rules;(3) Obtaining an authorization or license by fraud or     misrepresentation;(4) A pattern of conduct that demonstrates     incompetence or that the applicant has engaged in conduct or actions that would constitute grounds for discipline under this Act;(5) Aiding or assisting another person in violating     any provision of this Act or rules;(6) Failing to respond to a written request for     information by the Department within 30 days;(7) Engaging in unprofessional, dishonorable, or     unethical conduct of a character likely to deceive, defraud, or harm the public;(8) Adverse action by another United States     jurisdiction or foreign nation;(9) A finding by the Department that the licensee,     after having his or her license placed on suspended or probationary status, has violated the terms of the suspension or probation;(10) Conviction, entry of a plea of guilty, nolo     contendere, or the equivalent in a State or federal court of a principal officer or agent-in-charge of a felony offense in accordance with Sections 2105-131, 2105-135, and 2105-205 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois;(11) Excessive use of or addiction to alcohol,     narcotics, stimulants, or any other chemical agent or drug;(12) A finding by the Department of a discrepancy in     a Department audit of cannabis;(13) A finding by the Department of a discrepancy in     a Department audit of capital or funds;(14) A finding by the Department of acceptance of     cannabis from a source other than an Adult Use Cultivation Center, craft grower, infuser, or transporting organization licensed by the Department of Agriculture, or a dispensing organization licensed by the Department;(15) An inability to operate using reasonable     judgment, skill, or safety due to physical or mental illness or other impairment or disability, including, without limitation, deterioration through the aging process or loss of motor skills or mental incompetence;(16) Failing to report to the Department within the     time frames established, or if not identified, 14 days, of any adverse action taken against the dispensing organization or an agent by a licensing jurisdiction in any state or any territory of the United States or any foreign jurisdiction, any governmental agency, any law enforcement agency or any court defined in this Section;(17) Any violation of the dispensing organization's     policies and procedures submitted to the Department annually as a condition for licensure;(18) Failure to inform the Department of any change     of address within 10 business days;(19) Disclosing customer names, personal information,     or protected health information in violation of any State or federal law;(20) Operating a dispensary before obtaining a     license from the Department;(21) Performing duties authorized by this Act prior     to receiving a license to perform such duties;(22) Dispensing cannabis when prohibited by this Act     or rules;(23) Any fact or condition that, if it had existed at     the time of the original application for the license, would have warranted the denial of the license;(24) Permitting a person without a valid agent     identification card to perform licensed activities under this Act;(25) Failure to assign an agent-in-charge as required     by this Article;(26) Failure to provide the training required by     paragraph (3) of subsection (i) of Section 15-40 within the provided timeframe;(27) Personnel insufficient in number or unqualified     in training or experience to properly operate the dispensary business;(28) Any pattern of activity that causes a harmful     impact on the community; and(29) Failing to prevent diversion, theft, or loss of     cannabis.(b) All fines and fees imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine or as otherwise specified in the order.(c) A circuit court order establishing that an agent-in-charge or principal officer holding an agent identification card is subject to involuntary admission as that term is defined in Section 1-119 or 1-119.1 of the Mental Health and Developmental Disabilities Code shall operate as a suspension of that card.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/15-150)Sec. 15-150. Temporary suspension.(a) The Secretary of Financial and Professional Regulation may temporarily suspend a dispensing organization license or an agent registration without a hearing if the Secretary finds that public safety or welfare requires emergency action. The Secretary shall cause the temporary suspension by issuing a suspension notice in connection with the institution of proceedings for a hearing.(b) If the Secretary temporarily suspends a license or agent registration without a hearing, the licensee or agent is entitled to a hearing within 45 days after the suspension notice has been issued. The hearing shall be limited to the issues cited in the suspension notice, unless all parties agree otherwise.(c) If the Department does not hold a hearing with 45 days after the date the suspension notice was issued, then the suspended license or registration shall be automatically reinstated and the suspension vacated.(d) The suspended licensee or agent may seek a continuance of the hearing date, during which time the suspension remains in effect and the license or registration shall not be automatically reinstated.(e) Subsequently discovered causes of action by the Department after the issuance of the suspension notice may be filed as a separate notice of violation. The Department is not precluded from filing a separate action against the suspended licensee or agent.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/15-155)Sec. 15-155. Unlicensed practice; violation; civil penalty.(a) In addition to any other penalty provided by law, any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a licensed dispensing organization owner, principal officer, agent-in-charge, or agent without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department of Financial and Professional Regulation in an amount not to exceed $10,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.(b) The Department has the authority and power to investigate any and all unlicensed activity.(c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty or in accordance with the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of this State. 
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/15-160)Sec. 15-160. Notice; hearing.(a) The Department shall, before disciplining an applicant or licensee, at least 30 days before the date set for the hearing: (i) notify the accused in writing of the charges made and the time and place for the hearing on the charges; (ii) direct him or her to file a written answer to the charges under oath within 20 days after service; and (iii) inform the applicant or licensee that failure to answer will result in a default being entered against the applicant or licensee.(b) At the time and place fixed in the notice, the hearing officer appointed by the Secretary shall proceed to hear the charges, and the parties or their counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments. The hearing officer may continue the hearing from time to time. In case the person, after receiving the notice, fails to file an answer, his or her license may, in the discretion of the Secretary, having first received the recommendation of the hearing officer, be suspended, revoked, or placed on probationary status, or be subject to whatever disciplinary action the Secretary considers proper, including a fine, without hearing, if that act or acts charged constitute sufficient grounds for that action under this Act.(c) The written notice and any notice in the subsequent proceeding may be served by regular mail or email to the licensee's or applicant's address of record.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/15-165)Sec. 15-165. Subpoenas; oaths.  The Department shall have the power to subpoena and bring before it any person and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings in civil cases in courts in this State. The Secretary or the hearing officer shall each have the power to administer oaths to witnesses at any hearings that the Department is authorized to conduct.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/15-170)Sec. 15-170. Hearing; motion for rehearing.(a) The hearing officer shall hear evidence in support of the formal charges and evidence produced by the licensee. At the conclusion of the hearing, the hearing officer shall present to the Secretary a written report of his or her findings of fact, conclusions of law, and recommendations.(b) At the conclusion of the hearing, a copy of the hearing officer's report shall be served upon the applicant or licensee by the Department, either personally or as provided in this Act for the service of a notice of hearing. Within 20 calendar days after service, the applicant or licensee may present to the Department a motion in writing for rehearing, which shall specify the particular grounds for rehearing. The Department may respond to the motion for rehearing within 20 calendar days after its service on the Department. If no motion for rehearing is filed, then, upon the expiration of the time specified for filing such motion or upon denial of a motion for rehearing, the Secretary may enter an order in accordance with the recommendation of the hearing officer. If the applicant or licensee orders from the reporting service and pays for a transcript of the record within the time for filing a motion for rehearing, the 20-day period within which a motion may be filed shall commence upon the delivery of the transcript to the applicant or licensee.(c) If the Secretary disagrees in any regard with the report of the hearing officer, the Secretary may issue an order contrary to the report.(d) Whenever the Secretary is not satisfied that substantial justice has been done, the Secretary may order a rehearing by the same or another hearing officer.(e) At any point in any investigation or disciplinary proceeding under in this Article, both parties may agree to a negotiated consent order. The consent order shall be final upon signature of the Secretary.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/15-175)Sec. 15-175. Review under the Administrative Review Law.(a) All final administrative decisions of the Department hereunder shall be subject to judicial review under the provisions of the Administrative Review Law, and all amendment and modifications thereof. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.(b) Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides, but if the party is not a resident of Illinois, the venue shall be in Sangamon County.(c) The Department shall not be required to certify any record to the court, file any answer in court, or otherwise appear in any court in a judicial review proceeding, unless and until the Department has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department. Failure on the part of the plaintiff to file a receipt in court shall be grounds for dismissal of the action.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/Art. 20 heading) 
Article 20.Adult Use Cultivation Centers
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/20-1)Sec. 20-1. Definition. In this Article, "Department" means the Department of Agriculture.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/20-5)Sec. 20-5. Issuance of licenses. On or after July 1, 2021, the Department of Agriculture by rule may:(1) Modify or change the number of cultivation center     licenses available, which shall at no time exceed 30 cultivation center licenses. In determining whether to exercise the authority granted by this subsection, the Department of Agriculture must consider the following factors:(A) The percentage of cannabis sales occurring in         Illinois not in the regulated market using data from the Substance Abuse and Mental Health Services Administration, National Survey on Drug Use and Health, Illinois Behavioral Risk Factor Surveillance System, and tourism data from the Illinois Office of Tourism to ascertain total cannabis consumption in Illinois compared to the amount of sales in licensed dispensing organizations;(B) Whether there is an adequate supply of         cannabis and cannabis-infused products to serve registered medical cannabis patients;(C) Whether there is an adequate supply of         cannabis and cannabis-infused products to serve purchasers;(D) Whether there is an oversupply of cannabis in         Illinois leading to trafficking of cannabis to any other state;(E) Population increases or shifts;(F) Changes to federal law;(G) Perceived security risks of increasing the         number or location of cultivation centers;(H) The past security records of cultivation         centers;(I) The Department of Agriculture's capacity to         appropriately regulate additional licensees;(J) The findings and recommendations from the         disparity and availability study commissioned by the Illinois Cannabis Regulation Oversight Officer referenced in subsection (e) of Section 5-45 to reduce or eliminate any identified barriers to entry in the cannabis industry;   and(K) Any other criteria the Department of         Agriculture deems relevant.(2) Modify or change the licensing application     process to reduce or eliminate the barriers identified in the disparity and availability study commission by the Illinois Cannabis Regulation Oversight Officer and shall make modifications to remedy evidence of discrimination.(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/20-10)Sec. 20-10. Early Approval of Adult Use Cultivation Center License.(a) Any medical cannabis cultivation center registered and in good standing under the Compassionate Use of Medical Cannabis Program Act as of the effective date of this Act may, within 60 days of the effective date of this Act but no later than 180 days from the effective date of this Act, apply to the Department of Agriculture for an Early Approval Adult Use Cultivation Center License to produce cannabis and cannabis-infused products at its existing facilities as of the effective date of this Act.(b) A medical cannabis cultivation center seeking issuance of an Early Approval Adult Use Cultivation Center License shall submit an application on forms provided by the Department of Agriculture. The application must meet or include the following qualifications:(1) Payment of a nonrefundable application fee of     $100,000 to be deposited into the Cannabis Regulation Fund;(2) Proof of registration as a medical cannabis     cultivation center that is in good standing;(3) Submission of the application by the same person     or entity that holds the medical cannabis cultivation center registration;(4) Certification that the applicant will comply with     the requirements of Section 20-30;(5) The legal name of the cultivation center;(6) The physical address of the cultivation center;(7) The name, address, social security number, and     date of birth of each principal officer and board member of the cultivation center; each of those individuals shall be at least 21 years of age;(8) A nonrefundable Cannabis Business Development Fee     equal to 5% of the cultivation center's total sales between June 1, 2018 to June 1, 2019 or $750,000, whichever is less, but at not less than $250,000, to be deposited into the Cannabis Business Development Fund; and(9) A commitment to completing one of the following     Social Equity Inclusion Plans provided for in this subsection (b) before the expiration of the Early Approval Adult Use Cultivation Center License:(A) A contribution of 5% of the cultivation         center's total sales from June 1, 2018 to June 1, 2019, or $100,000, whichever is less, to one of the following:(i) the Cannabis Business Development Fund.             This is in addition to the fee required by item (8) of this subsection (b);(ii) a cannabis industry training or             education program at an Illinois community college as defined in the Public Community College Act;(iii) a  program that provides job training             services to persons recently incarcerated or that operates in a Disproportionately Impacted Area.(B) Participate as a host in a cannabis business         incubator program for at least one year approved by the Department of Commerce and Economic Opportunity, and in which an Early Approval Adult Use Cultivation Center License holder agrees to provide a loan of at least $100,000 and mentorship to incubate, for at least a year, a Social Equity Applicant intending to seek a license or a licensee that qualifies as a Social Equity Applicant. As used in this Section, "incubate" means providing direct financial assistance and training necessary to engage in licensed cannabis industry activity similar to that of the host licensee. The Early Approval Adult Use Cultivation Center License holder or the same entity holding any other licenses issued pursuant to this Act shall not take an ownership stake of greater than 10% in any business receiving incubation services to comply with this subsection. If an Early Approval Adult Use Cultivation Center License holder fails to find a business to incubate to comply with this subsection before its Early Approval Adult Use Cultivation Center License expires, it may opt to meet the requirement of this subsection by completing another item from this subsection prior to the expiration of its Early Approval Adult Use Cultivation Center License to avoid a penalty.(c)  An Early Approval Adult Use Cultivation Center License is valid until March 31, 2021. A cultivation center that obtains an Early Approval Adult Use Cultivation Center License shall receive written or electronic notice 90 days before the expiration of the license that the license will expire, and inform the license holder that it may renew its Early Approval  Adult Use Cultivation Center License. The Department of Agriculture shall grant a renewal of an Early Approval Adult Use Cultivation Center License within 60 days of submission of an application if:(1) the cultivation center  submits an application     and the required renewal fee of $100,000 for an Early Approval Adult Use Cultivation Center License;(2) the Department of Agriculture has not suspended     the license of the cultivation center or suspended or revoked the license for violating this Act or rules adopted under this Act; and(3) the cultivation center has completed a Social     Equity Inclusion Plan as required by item (9)  of subsection (b) of this Section.(c-5) The Early Approval Adult Use Cultivation Center License renewed pursuant to subsection (c) of this Section shall expire March 31, 2022. The Early Approval Adult Use Cultivation Center Licensee shall receive written or electronic notice 90 days before the expiration of the license that the license will expire, and inform the license holder that it may apply for an Adult Use Cultivation Center License. The Department of Agriculture shall grant an Adult Use Dispensing Organization License within 60 days of an application being deemed complete if the applicant meets all of the criteria in Section 20-21.(d) The license fee required by paragraph (1) of subsection (c) of this Section shall be in addition to any license fee required for the renewal of a registered medical cannabis cultivation center license that expires during the effective period of the Early Approval Adult Use Cultivation Center License.(e) Applicants must submit all required information, including the requirements in subsection (b) of this Section, to the Department of Agriculture. Failure by an applicant to submit all required information may result in the application being disqualified.(f) If the Department of Agriculture receives an application with missing information, the Department may issue a deficiency notice to the applicant. The applicant shall have 10 calendar days from the date of the deficiency notice to submit complete information. Applications that are still incomplete after this opportunity to cure may be disqualified.(g) If an applicant meets all the requirements of subsection (b) of this Section, the Department of Agriculture shall issue the Early Approval Adult Use Cultivation Center License within 14 days of receiving the application unless:(1) The licensee; principal officer, board member, or     person having a financial or voting interest of 5% or greater in the licensee; or agent is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois;(2) The Director of Agriculture determines there is     reason, based on an inordinate number of documented compliance violations, the licensee is not entitled to an Early Approval Adult Use Cultivation Center License; or(3) The licensee fails to commit to the Social Equity     Inclusion Plan.(h) A cultivation center may begin producing cannabis and cannabis-infused products once the Early Approval Adult Use Cultivation Center License is approved.  A cultivation center that obtains an Early Approval Adult Use Cultivation Center License may begin selling cannabis and cannabis-infused products on December 1, 2019.(i) An Early Approval Adult Use Cultivation Center License holder must continue to produce and provide an adequate supply of cannabis and cannabis-infused products for purchase by qualifying patients and caregivers. For the purposes of this subsection, "adequate supply" means a monthly production level that is comparable in type and quantity to those medical cannabis products produced for patients and caregivers on an average monthly basis for the 6 months before the effective date of this Act.(j) If there is a shortage of cannabis or cannabis-infused products, a license holder shall prioritize patients registered under the Compassionate Use of Medical Cannabis Program Act over adult use purchasers.(k) If an Early Approval Adult Use Cultivation Center licensee fails to submit an application for an Adult Use Cultivation Center License before the expiration of the Early Approval Adult Use Cultivation Center License pursuant to subsection (c-5) of this Section, the cultivation center shall cease adult use cultivation until it receives an Adult Use Cultivation Center License.(l) A cultivation center agent who holds a valid cultivation center agent identification card issued under the Compassionate Use of Medical Cannabis Program Act and is an officer, director, manager, or employee of the cultivation center licensed under this Section may engage in all activities authorized by this Article to be performed by a cultivation center agent.(m) If the Department of Agriculture suspends or revokes the Early Approval Adult Use Cultivation Center License of a cultivation center that also holds a medical cannabis cultivation center license issued under the Compassionate Use of Medical Cannabis Program Act, the Department of Agriculture may suspend or revoke the medical cannabis cultivation center license concurrently with the Early Approval Adult Use Cultivation Center License.(n) All fees or fines collected from an Early Approval Adult Use Cultivation Center License holder as a result of a disciplinary action in the enforcement of this Act shall be deposited into the Cannabis Regulation Fund. 
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/20-15)Sec. 20-15. Conditional Adult Use Cultivation Center application.(a) If the Department of Agriculture makes available additional cultivation center licenses pursuant to Section 20-5, applicants for a Conditional Adult Use Cultivation Center License shall electronically submit the following in such form as the Department of Agriculture may direct:(1) the nonrefundable application fee set by rule by     the Department of Agriculture, to be deposited into the Cannabis Regulation Fund;(2) the legal name of the cultivation center;(3) the proposed physical address of the cultivation     center;(4) the name, address, social security number, and     date of birth of each principal officer and board member of the cultivation center; each principal officer and board member shall be at least 21 years of age;(5) the details of any administrative or judicial     proceeding in which any of the principal officers or board members of the cultivation center (i) pled guilty, were convicted, were fined, or had a registration or license suspended or revoked, or (ii) managed or served on the board of a business or non-profit organization that pled guilty, was convicted, was fined, or had a registration or license suspended or revoked;(6) proposed operating bylaws that include procedures     for the oversight of the cultivation center, including the development and implementation of a plant monitoring system, accurate recordkeeping, staffing plan, and security plan approved by the Illinois State Police that are in accordance with the rules issued by the Department of Agriculture under this Act. A physical inventory shall be performed of all plants and cannabis on a weekly basis by the cultivation center;(7) verification from the Illinois State Police that     all background checks of the prospective principal officers, board members, and agents of the cannabis business establishment have been conducted;(8) a copy of the current local zoning ordinance or     permit and verification that the proposed cultivation center is in compliance with the local zoning rules and distance limitations established by the local jurisdiction;(9) proposed employment practices, in which the     applicant must demonstrate a plan of action to inform, hire, and educate minorities, women, veterans, and persons with disabilities, engage in fair labor practices, and provide worker protections;(10) whether an applicant can demonstrate experience     in or business practices that promote economic empowerment in Disproportionately Impacted Areas;(11) experience with the cultivation of agricultural     or horticultural products, operating an agriculturally related business, or operating a horticultural business;(12) a description of the enclosed, locked facility     where cannabis will be grown, harvested, manufactured, processed, packaged, or otherwise prepared for distribution to a dispensing organization;(13) a survey of the enclosed, locked facility,     including the space used for cultivation;(14) cultivation, processing, inventory, and     packaging plans;(15) a description of the applicant's experience with     agricultural cultivation techniques and industry standards;(16) a list of any academic degrees, certifications,     or relevant experience of all prospective principal officers, board members, and agents of the related business;(17) the identity of every person having a financial     or voting interest of 5% or greater in the cultivation center operation with respect to which the license is sought, whether a trust, corporation, partnership, limited liability company, or sole proprietorship, including the name and address of each person;(18) a plan describing how the cultivation center     will address each of the following:(i) energy needs, including estimates of monthly         electricity and gas usage, to what extent it will procure energy from a local utility or from on-site generation, and if it has or will adopt a sustainable energy use and energy conservation policy;(ii) water needs, including estimated water draw         and if it has or will adopt a sustainable water use and water conservation policy; and(iii) waste management, including if it has or         will adopt a waste reduction policy;(19) a diversity plan that includes a narrative of     not more than 2,500 words that establishes a goal of diversity in ownership, management, employment, and contracting to ensure that diverse participants and groups are afforded equality of opportunity;(20) any other information required by rule;(21) a recycling plan:(A) Purchaser packaging, including cartridges,         shall be accepted by the applicant and recycled.(B) Any recyclable waste generated by the         cannabis cultivation facility shall be recycled per applicable State and local laws, ordinances, and rules.(C) Any cannabis waste, liquid waste, or         hazardous waste shall be disposed of in accordance with 8 Ill. Adm. Code 1000.460, except, to the greatest extent feasible, all cannabis plant waste will be rendered unusable by grinding and incorporating the cannabis plant waste with compostable mixed waste to be disposed of in accordance with 8 Ill. Adm. Code 1000.460(g)(1);(22) commitment to comply with local waste     provisions: a cultivation facility must remain in compliance with applicable State and federal environmental requirements, including, but not limited to:(A) storing, securing, and managing all         recyclables and waste, including organic waste composed of or containing finished cannabis and cannabis products, in accordance with applicable State and local laws, ordinances, and rules; and(B) disposing liquid waste containing cannabis or         byproducts of cannabis processing in compliance with all applicable State and federal requirements, including, but not limited to, the cannabis cultivation facility's permits under Title X of the Environmental Protection Act; and(23) a commitment to a technology standard for     resource efficiency of the cultivation center facility.(A) A cannabis cultivation facility commits to         use resources efficiently, including energy and water. For the following, a cannabis cultivation facility commits to meet or exceed the technology standard identified in items (i), (ii), (iii), and (iv), which may be modified by rule:(i) lighting systems, including light bulbs;(ii) HVAC system;(iii) water application system to the crop;             and(iv) filtration system for removing             contaminants from wastewater.(B) Lighting. The Lighting Power Densities (LPD)         for cultivation space commits to not exceed an average of 36 watts per gross square foot of active and growing space canopy, or all installed lighting technology shall meet a photosynthetic photon efficacy (PPE) of no less than 2.2 micromoles per joule fixture and shall be featured on the DesignLights Consortium (DLC) Horticultural Specification Qualified Products List (QPL). In the event that DLC requirement for minimum efficacy exceeds 2.2 micromoles per joule fixture, that PPE shall become the new standard.(C) HVAC.(i) For cannabis grow operations with less             than 6,000 square feet of canopy, the licensee commits that all HVAC units will be high-efficiency ductless split HVAC units, or other more energy efficient equipment.(ii) For cannabis grow operations with 6,000             square feet of canopy or more, the licensee commits that all HVAC units will be variable refrigerant flow HVAC units, or other more energy efficient equipment.(D) Water application.(i) The cannabis cultivation facility commits             to use automated watering systems, including, but not limited to, drip irrigation and flood tables, to irrigate cannabis crop.(ii) The cannabis cultivation facility             commits to measure runoff from watering events and report this volume in its water usage plan, and that on average, watering events shall have no more than 20% of runoff of water.(E) Filtration. The cultivator commits that HVAC         condensate, dehumidification water, excess runoff, and other wastewater produced by the cannabis cultivation facility shall be captured and filtered to the best of the facility's ability to achieve the quality needed to be reused in subsequent watering rounds.(F) Reporting energy use and efficiency as         required by rule.(b) Applicants must submit all required information, including the information required in Section 20-10, to the Department of Agriculture. Failure by an applicant to submit all required information may result in the application being disqualified.(c) If the Department of Agriculture receives an application with missing information, the Department of Agriculture may issue a deficiency notice to the applicant. The applicant shall have 10 calendar days from the date of the deficiency notice to resubmit the incomplete information. Applications that are still incomplete after this opportunity to cure will not be scored and will be disqualified.(e) A cultivation center that is awarded a Conditional Adult Use Cultivation Center License pursuant to the criteria in Section 20-20 shall not grow, purchase, possess, or sell cannabis or cannabis-infused products until the person has received an Adult Use Cultivation Center License issued by the Department of Agriculture pursuant to Section 20-21 of this Act. 
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-538, eff. 8-20-21.) (410 ILCS 705/20-20)Sec. 20-20. Conditional Adult Use License scoring applications.(a) The Department of Agriculture shall by rule develop a system to score cultivation center applications to administratively rank applications based on the clarity, organization, and quality of the applicant's responses to required information. Applicants shall be awarded points based on the following categories:(1) Suitability of the proposed facility;(2) Suitability of employee training plan;(3) Security and recordkeeping;(4) Cultivation plan;(5) Product safety and labeling plan;(6) Business plan;(7) The applicant's status as a Social Equity     Applicant, which shall constitute no less than 20% of total available points;(8) Labor and employment practices, which shall     constitute no less than 2% of total available points;(9) Environmental plan as described in paragraphs     (18), (21), (22), and (23) of subsection (a) of Section 20-15;(10) The applicant is 51% or more owned and     controlled by an individual or individuals who have been an Illinois resident for the past 5 years as proved by tax records or 2 of the following:(A) a signed lease agreement that includes the          applicant's name;(B) a property deed that includes the applicant's         name;(C) school records;(D) a voter registration card;(E) an Illinois driver's license, an Illinois         Identification Card, or an Illinois Person with a Disability Identification Card;(F) a paycheck stub;(G) a utility bill; or(H) any other proof of residency or other         information necessary to establish residence as provided by rule;(11) The applicant is 51% or more controlled and     owned by an individual or individuals who meet the qualifications of a veteran as defined by Section 45-57 of the Illinois Procurement Code;(12) a diversity plan that includes a narrative of     not more than 2,500 words that establishes a goal of diversity in ownership, management, employment, and contracting to ensure that diverse participants and groups are afforded equality of opportunity; and(13) Any other criteria the Department of Agriculture     may set by rule for points.(b) The Department may also award bonus points for the applicant's plan to engage with the community. Bonus points will only be awarded if the Department receives applications that receive an equal score for a particular region.(c) Should the applicant be awarded a cultivation center license, the information and plans that an applicant provided in its application, including any plans submitted for the acquiring of bonus points, becomes a mandatory condition of the permit. Any variation from or failure to perform such plans may result in discipline, including the revocation or nonrenewal of a license.(d) Should the applicant be awarded a cultivation center license, it shall pay a fee of $100,000 prior to receiving the license, to be deposited into the Cannabis Regulation Fund. The Department of Agriculture may by rule adjust the fee in this Section after January 1, 2021.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/20-21)Sec. 20-21. Adult Use Cultivation Center License.(a) A person or entity is only eligible to receive an Adult Use Cultivation Center License if the person or entity has first been awarded a Conditional Adult Use Cultivation Center License pursuant to this Act or the person or entity has renewed its Early Approval Cultivation Center License pursuant to subsection (c) of Section 20-10.(b) The Department of Agriculture shall not issue an Adult Use Cultivation Center License until:(1) the Department of Agriculture has inspected the     cultivation center site and proposed operations and verified that they are in compliance with this Act and local zoning laws;(2) the Conditional Adult Use Cultivation Center     License holder has paid a registration fee of $100,000 or a prorated amount accounting for the difference of time between when the Adult Use Cultivation Center License is issued and March 31 of the next even-numbered year; and(3) The Conditional Adult Use Cultivation Center     License holder has met all the requirements in the Act and rules.(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/20-25)Sec. 20-25. Denial of application. An application for a cultivation center license must be denied if any of the following conditions are met:(1) the applicant failed to submit the materials     required by this Article;(2) the applicant would not be in compliance with     local zoning rules;(3) one or more of the prospective principal officers     or board members causes a violation of Section 20-30;(4) one or more of the principal officers or board     members is under 21 years of age;(5) the person has submitted an application for a     permit under this Act that contains false information; or(6) the licensee, principal officer, board member, or     person having a financial or voting interest of 5% or greater in the licensee, or the agent is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois.(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/20-30)Sec. 20-30. Cultivation center requirements; prohibitions.(a) The operating documents of a cultivation center shall include procedures for the oversight of the cultivation center, a cannabis plant monitoring system including a physical inventory recorded weekly, accurate recordkeeping, and a staffing plan.(b) A cultivation center shall implement a security plan reviewed by the Illinois State Police that includes, but is not limited to: facility access controls, perimeter intrusion detection systems, personnel identification systems, 24-hour surveillance system to monitor the interior and exterior of the cultivation center facility and accessibility to authorized law enforcement, the Department of Public Health where processing takes place, and the Department of Agriculture in real time.(c) All cultivation of cannabis by a cultivation center must take place in an enclosed, locked facility at the physical address provided to the Department of Agriculture during the licensing process. The cultivation center location shall only be accessed by the agents working for the cultivation center, the Department of Agriculture staff performing inspections, the Department of Public Health staff performing inspections, local and State law enforcement or other emergency personnel, contractors working on jobs unrelated to cannabis, such as installing or maintaining security devices or performing electrical wiring, transporting organization agents as provided in this Act, individuals in a mentoring or educational program approved by the State, or other individuals as provided by rule.(d) A cultivation center may not sell or distribute any cannabis or cannabis-infused products to any person other than a dispensing organization, craft grower, infuser organization, transporter, or as otherwise authorized by rule.(e) A cultivation center may not either directly or indirectly discriminate in price between different dispensing organizations, craft growers, or infuser organizations that are purchasing a like grade, strain, brand, and quality of cannabis or cannabis-infused product. Nothing in this subsection (e) prevents a cultivation center from pricing cannabis differently based on differences in the cost of manufacturing or processing, the quantities sold, such as volume discounts, or the way the products are delivered.(f) All cannabis harvested by a cultivation center and intended for distribution to a dispensing organization must be entered into a data collection system, packaged and labeled under Section 55-21, and placed into a cannabis container for transport. All cannabis harvested by a cultivation center and intended for distribution to a craft grower or infuser organization must be packaged in a labeled cannabis container and entered into a data collection system before transport.(g) Cultivation centers are subject to random inspections by the Department of Agriculture, the Department of Public Health, local safety or health inspectors, the Illinois State Police, or as provided by rule.(h) A cultivation center agent shall notify local law enforcement, the Illinois State Police, and the Department of Agriculture within 24 hours of the discovery of any loss or theft. Notification shall be made by phone or in person, or by written or electronic communication.(i) A cultivation center shall comply with all State and any applicable federal rules and regulations regarding the use of pesticides on cannabis plants.(j) No person or entity shall hold any legal, equitable, ownership, or beneficial interest, directly or indirectly, of more than 3 cultivation centers licensed under this Article. Further, no person or entity that is employed by, an agent of, has a contract to receive payment in any form from a cultivation center, is a principal officer of a cultivation center, or entity controlled by or affiliated with a principal officer of a cultivation shall hold any legal, equitable, ownership, or beneficial interest, directly or indirectly, in a cultivation that would result in the person or entity owning or controlling in combination with any cultivation center, principal officer of a cultivation center, or entity controlled or affiliated with a principal officer of a cultivation center by which he, she, or it is employed, is an agent of, or participates in the management of, more than 3 cultivation center licenses.(k) A cultivation center may not contain more than 210,000 square feet of canopy space  for plants in the flowering stage for cultivation of adult use cannabis as provided in this Act.(l) A cultivation center may process cannabis, cannabis concentrates, and cannabis-infused products.(m) Beginning July 1, 2020, a cultivation center shall not transport cannabis or cannabis-infused products to a craft grower, dispensing organization, infuser organization, or laboratory licensed under this Act, unless it has obtained a transporting organization license.(n) It is unlawful for any person having a cultivation center license or any officer, associate, member, representative, or agent of such licensee to offer or deliver money, or anything else of value, directly or indirectly to any person having an Early Approval Adult Use Dispensing Organization License, a Conditional Adult Use Dispensing Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act, or to any person connected with or in any way representing, or to any member of the family of, such person holding an Early Approval Adult Use Dispensing Organization License, a Conditional Adult Use Dispensing Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act, or to any stockholders in any corporation engaged in the retail sale of cannabis, or to any officer, manager, agent, or representative of the Early Approval Adult Use Dispensing Organization License, a Conditional Adult Use Dispensing Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act to obtain preferential placement within the dispensing organization, including, without limitation, on shelves and in display cases where purchasers can view products, or on the dispensing organization's website.(o) A cultivation center must comply with any other requirements or prohibitions set by administrative rule of the Department of Agriculture.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) (410 ILCS 705/20-35)Sec. 20-35. Cultivation center agent identification card.(a) The Department of Agriculture shall:(1) establish by rule the information required in an     initial application or renewal application for an agent identification card submitted under this Act and the nonrefundable fee to accompany the initial application or renewal application;(2) verify the information contained in an initial     application or renewal application for an agent identification card submitted under this Act, and approve or deny an application within 30 days of receiving a completed initial application or renewal application and all supporting documentation required by rule;(3) issue an agent identification card to a     qualifying agent within 15 business days of approving the initial application or renewal application;(4) enter the license number of the cultivation     center where the agent works; and(5) allow for an electronic initial application and     renewal application process, and provide a confirmation by electronic or other methods that an application has been submitted. The Department of Agriculture may by rule require prospective agents to file their applications by electronic means and provide notices to the agents by electronic means.(b) An agent must keep his or her identification card visible at all times when on the property of the cultivation center at which the agent is employed.(c) The agent identification cards shall contain the following:(1) the name of the cardholder;(2) the date of issuance and expiration date of the     identification card;(3) a random 10-digit alphanumeric identification     number containing at least 4 numbers and at least 4 letters that is unique to the holder;(4) a photograph of the cardholder; and(5) the legal name of the cultivation center     employing the agent.(d) An agent identification card shall be immediately returned to the cultivation center of the agent upon termination of his or her employment.(e) Any agent identification card lost by a cultivation center agent shall be reported to the Illinois State Police and the Department of Agriculture immediately upon discovery of the loss.(f) The Department of Agriculture shall not issue an agent identification card if the applicant is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois.
(Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.) (410 ILCS 705/20-40)Sec. 20-40. Cultivation center background checks.(a) Through the Illinois State Police, the Department of Agriculture shall conduct a background check of the prospective principal officers, board members, and agents of a cultivation center applying for a license or identification card under this Act. The Illinois State Police shall charge a fee set by rule for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the record check. In order to carry out this provision, each cultivation center prospective principal officer, board member, or agent shall submit a full set of fingerprints to the Illinois State Police for the purpose of obtaining a State and federal criminal records check. These fingerprints shall be checked against the fingerprint records now and hereafter, to the extent allowed by law, filed in the Illinois State Police and Federal Bureau of Investigation criminal history records databases. The Illinois State Police shall furnish, following positive identification, all conviction information to the Department of Agriculture.(b) When applying for the initial license or identification card, the background checks for all prospective principal officers, board members, and agents shall be completed before submitting the application to the licensing or issuing agency.
(Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.) (410 ILCS 705/20-45)Sec. 20-45. Renewal of cultivation center licenses and agent identification cards.(a) Licenses and identification cards issued under this Act shall be renewed annually. A cultivation center shall receive written or electronic notice 90 days before the expiration of its current license that the license will expire. The Department of Agriculture shall grant a renewal within 45 days of submission of a renewal application if:(1) the cultivation center submits a renewal     application and the required nonrefundable renewal fee of $100,000, or another amount as the Department of Agriculture may set by rule after January 1, 2021, to be deposited into the Cannabis Regulation Fund.(2) the Department of Agriculture has not suspended     the license of the cultivation center or suspended or revoked the license for violating this Act or rules adopted under this Act;(3) the cultivation center has continued to operate     in accordance with all plans submitted as part of its application and approved by the Department of Agriculture or any amendments thereto that have been approved by the Department of Agriculture;(4) the cultivation center has submitted an agent,     employee, contracting, and subcontracting  diversity report as required by the Department; and(5) the cultivation center has submitted an     environmental impact report.(b) If a cultivation center fails to renew its license before expiration, it shall cease operations until its license is renewed.(c) If a cultivation center agent fails to renew his or her identification card before its expiration, he or she shall cease to work as an agent of the cultivation center until his or her identification card is renewed.(d) Any cultivation center that continues to operate, or any cultivation center agent who continues to work as an agent, after the applicable license or identification card has expired without renewal is subject to the penalties provided under Section 45-5.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/20-50)Sec. 20-50. Cultivator taxes; returns.(a) A tax is imposed upon the privilege of cultivating and processing adult use cannabis at the rate of 7% of the gross receipts from the sale of cannabis by a cultivator to a dispensing organization. The sale of any adult use product that contains any amount of cannabis or any derivative thereof is subject to the tax under this Section on the full selling price of the product. The proceeds from this tax shall be deposited into the Cannabis Regulation Fund. This tax shall be paid by the cultivator who makes the first sale and is not the responsibility of a dispensing organization, qualifying patient, or purchaser.(b) In the administration of and compliance with this Section, the Department of Revenue and persons who are subject to this Section: (i) have the same rights, remedies, privileges, immunities, powers, and duties, (ii) are subject to the same conditions, restrictions, limitations, penalties, and definitions of terms, and (iii) shall employ the same modes of procedure as are set forth in the Cannabis Cultivation Privilege Tax Law and the Uniform Penalty and Interest Act as if those provisions were set forth in this Section.(c) The tax imposed under this Act shall be in addition to all other occupation or privilege taxes imposed by the State of Illinois or by any municipal corporation or political subdivision thereof.

(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/20-55)Sec. 20-55. Disclosure of ownership and control.(a)   Each Adult Use Cultivation Center applicant and license holder shall file and maintain a Table of Organization, Ownership, and Control with the Department. The Table of Organization, Ownership, and Control shall contain the information required by this Section in sufficient detail to identify all owners, directors, and principal officers, and the title of each principal officer or business entity that, through direct or indirect means, manages, owns, or controls the applicant or license holder.(b)   The Table of Organization, Ownership, and Control shall identify the following information:(1)   The management structure, ownership, and     control     of the applicant or license holder including the name of each principal officer or business entity, the office or position held, and the percentage ownership interest, if any. If the business entity has a parent company, the name of each owner, board member, and officer of the parent company and his or her percentage ownership interest in the parent company and the Adult Use Cultivation Center.(2)     If the applicant or licensee is a business     entity     with publicly traded stock, the identification of ownership shall be provided as required in subsection (c).(c) If a business entity identified in subsection (b) is a publicly traded company, the following information shall be provided in the Table of Organization, Ownership, and Control:(1)   The name and percentage of ownership interest     of each individual or business entity with ownership of more than 5% of the voting shares of the entity, to the extent such information is known or contained in 13D or 13G Securities and Exchange Commission filings.(2)   To the extent known, the names and percentage     of     interest of ownership of persons who are relatives of one another and who together exercise control over or own more than 10% of the voting shares of the entity.(d)   An Adult Use Cultivation Center with a parent company or companies, or partially owned or controlled by another entity must disclose to the Department the relationship and all owners, board members, officers, or individuals with control or management of those entities. An Adult Use Cultivation Center shall not shield its ownership or control from the Department.(e)   All principal officers must submit a complete online application with the Department within 14 days of the Adult Use Cultivation Center being licensed by the Department or within 14 days of Department notice of approval as a new principal officer.(f)   A principal officer may not allow his or her registration to expire.(g)   An Adult Use Cultivation Center separating with a principal officer must do so under this Act. The principal officer must communicate the separation to the Department within 5 business days.(h)   A principal officer not in compliance with the requirements of this Act shall be removed from his or her position with the Adult Use Cultivation Center or shall otherwise terminate his or her affiliation. Failure to do so may subject the Adult Use Cultivation Center to discipline, suspension, or revocation of its license by the Department.(i)   It is the responsibility of the Adult Use Cultivation Center and its principal officers to promptly notify the Department of any change of the principal place of business address, hours of operation, change in ownership or control, or a change of the Adult Use Cultivation Center's primary or secondary contact information. Any changes must be made to the Department in writing.
(Source: P.A. 102-98, eff. 7-15-21.)
(410 ILCS 705/Art. 25 heading) 
Article 25.Community College Cannabis Vocational Pilot Program
(Article scheduled to be repealed on July 1, 2026)(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/25-1)(Section scheduled to be repealed on July 1, 2026)Sec. 25-1. Definitions. In this Article:"Board" means the Illinois Community College Board."Career in Cannabis Certificate" or "Certificate" means the certification awarded to a community college student who completes a prescribed course of study in cannabis and cannabis business industry related classes and curriculum at a community college awarded a Community College Cannabis Vocational Pilot Program license."Community college" means a public community college organized under the Public Community College Act."Department" means the Department of Agriculture."Licensee" means a community college awarded a Community College Cannabis Vocational Pilot Program license under this Article."Program" means the Community College Cannabis Vocational Pilot Program."Program license" means a Community College Cannabis Vocational Pilot Program license issued to a community college under this Article.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/25-5)(Section scheduled to be repealed on July 1, 2026)Sec. 25-5. Administration.(a) The Department shall establish and administer the Program in coordination with the Illinois Community College Board.  The Department may issue Program licenses to applicants that meet the requirements outlined in this Article.(b) Beginning with the 2021-2022 academic year, and subject to subsection (h) of Section 2-12 of the Public Community College Act, community colleges awarded Program licenses may offer qualifying students a Career in Cannabis Certificate, which includes, but is not limited to, courses that allow participating students to work with, study, and grow live cannabis plants so as to prepare students for a career in the legal cannabis industry, and to instruct participating students on the best business practices, professional responsibility, and legal compliance of the cannabis business industry.(c) The Board may issue rules pertaining to the provisions in this Act.(d) Notwithstanding any other provision of this Act, students shall be at least 18 years old in order to enroll in a licensee's Career in Cannabis Certificate's prescribed course of study.
(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21.) (410 ILCS 705/25-10)(Section scheduled to be repealed on July 1, 2026)Sec. 25-10. Issuance of Community College Cannabis Vocational Pilot Program licenses.(a) The Department shall issue rules regulating the selection criteria for applicants by January 1, 2020. The Department shall make the application for a Program license available no later than February 1, 2020, and shall require that applicants submit the completed application no later than July 1, 2020. If the Department issues fewer than 8 Program licenses by September 1, 2020, the Department may accept applications at a future date as prescribed by rule.(b) The Department shall by rule develop a system to score Program licenses to administratively rank applications based on the clarity, organization, and quality of the applicant's responses to required information. Applicants shall be awarded points that are based on or that meet the following categories:(1) Geographic diversity of the applicants;(2) Experience and credentials of the applicant's     faculty;(3) At least 5 Program license awardees must have a     student population that is more than 50% low-income in each of the past 4 years;(4) Security plan, including a requirement that all     cannabis plants be in an enclosed, locked facility;(5) Curriculum plan, including processing and testing     curriculum for the Career in Cannabis Certificate;(6) Career advising and placement plan for     participating students; and(7) Any other criteria the Department may set by rule.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/25-15)(Section scheduled to be repealed on July 1, 2026)Sec. 25-15. Community College Cannabis Vocational Pilot Program requirements and prohibitions.(a) Licensees shall not have more than 50 flowering cannabis plants at any one time.(b) The agent-in-charge shall keep a vault log of the licensee's enclosed, locked facility or facilities, including but not limited to, the person entering the site location, the time of entrance, the time of exit, and any other information the Department may set by rule.(c) Cannabis shall not be removed from the licensee's facility, except for the limited purpose of shipping a sample to a laboratory registered under this Act.(d) The licensee shall limit keys, access cards, or an access code to the licensee's enclosed, locked facility, or facilities, to cannabis curriculum faculty and college security personnel with a bona fide need to access the facility for emergency purposes.(e) A transporting organization may transport cannabis produced pursuant to this Article to a laboratory registered under this Act. All other cannabis produced by the licensee that was not shipped to a registered laboratory shall be destroyed within 5 weeks of being harvested.(f) Licensees shall subscribe to the Department of Agriculture's cannabis plant monitoring system.(g) Licensees shall maintain a weekly inventory system.(h) No student participating in the cannabis curriculum necessary to obtain a Certificate may be in the licensee's facility unless a faculty agent-in-charge is also physically present in the facility.(i) Licensees shall conduct post-certificate follow up surveys and record participating students' job placements within the cannabis business industry within a year of the student's completion.(j) The Illinois Community College Board shall report annually to the Department on the race, ethnicity, and gender of all students participating in the cannabis curriculum necessary to obtain a Certificate, and of those students who obtain a Certificate.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/25-20)(Section scheduled to be repealed on July 1, 2026)Sec. 25-20. Faculty.(a) All faculty members shall be required to maintain registration as an agent-in-charge and have a valid agent identification card prior to teaching or participating in the licensee's cannabis curriculum that involves instruction offered in the enclosed, locked facility or facilities.(b) All faculty receiving an agent-in-charge or agent identification card must successfully pass a background check required by Section 5-20 prior to participating in a licensee's cannabis curriculum that involves instruction offered in the enclosed, locked facility. 
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/25-25)(Section scheduled to be repealed on July 1, 2026)Sec. 25-25. Enforcement.(a) The Department has the authority to suspend or revoke any faculty agent-in-charge or agent identification card for any violation found under this Article.(b) The Department has the authority to suspend or revoke any Program license for any violation found under this Article.(c) The Board shall revoke the authority to offer the Certificate of any community college that has had its license revoked by the Department.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/25-30)(Section scheduled to be repealed on July 1, 2026)Sec. 25-30.  Inspection rights.(a) A licensee's enclosed, locked facilities are subject to random inspections by the Department, the Illinois  State Police, or as provided by rule.(b) Nothing in this Section shall be construed to give the Department, the Illinois  State Police, or any other entity identified by rule under subsection (a) a right of inspection or access to any location on the licensee's premises beyond the facilities licensed under this Article.
(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) (410 ILCS 705/25-35)(Section scheduled to be repealed on July 1, 2026)Sec. 25-35. Community College Cannabis Vocational Training Pilot Program faculty participant agent identification card.(a) The Department shall:(1) establish by rule the information required in an     initial application or renewal application for an agent identification card submitted under this Article and the nonrefundable fee to accompany the initial application or renewal application;(2) verify the information contained in an initial     application or renewal application for an agent identification card submitted under this Article, and approve or deny an application within 30 days of receiving a completed initial application or renewal application and all supporting documentation required by rule;(3) issue an agent identification card to a     qualifying agent within 15 business days of approving the initial application or renewal application;(4) enter the license number of the community college     where the agent works; and(5) allow for an electronic initial application and     renewal application process, and provide a confirmation by electronic or other methods that an application has been submitted. Each Department may by rule require prospective agents to file their applications by electronic means and to provide notices to the agents by electronic means.(b) An agent must keep his or her identification card visible at all times when in the enclosed, locked facility, or facilities for which he or she is an agent.(c) The agent identification cards shall contain the following:(1) the name of the cardholder;(2) the date of issuance and expiration date of the     identification card;(3) a random 10-digit alphanumeric identification     number containing at least 4 numbers and at least 4 letters that is unique to the holder;(4) a photograph of the cardholder; and(5) the legal name of the community college employing     the agent.(d) An agent identification card shall be immediately returned to the community college of the agent upon termination of his or her employment.(e) Any agent identification card lost shall be reported to the Illinois State Police and the Department of Agriculture immediately upon discovery of the loss.(f) An agent applicant may begin employment at a Community College Cannabis Vocational Training Pilot Program while the agent applicant's identification card application is pending. Upon approval, the Department shall issue the agent's identification card to the agent. If denied, the Community College Cannabis Vocational Training Pilot Program and the agent applicant shall be notified and the agent applicant must cease all activity at the Community College Cannabis Vocational Training Pilot Program immediately. 
(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) (410 ILCS 705/25-40)(Section scheduled to be repealed on July 1, 2026)Sec. 25-40.  Study. By December 31, 2025, the Illinois Cannabis Regulation Oversight Officer, in coordination with the Board, must issue a report to the Governor and the General Assembly which includes, but is not limited to, the following:(1)  Number of security incidents or infractions at     each licensee and any action taken or not taken;(2) Statistics, based on race, ethnicity, gender, and     participating community college of:(A) students enrolled in career in cannabis         classes;(B) successful completion rates by community         college students for the Certificate;(C) postgraduate job placement of students who         obtained a Certificate, including both cannabis business establishment jobs and non-cannabis business establishment jobs; and(3) Any other relevant information.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/25-45)(Section scheduled to be repealed on July 1, 2026)Sec. 25-45. Repeal. This Article is repealed on July 1, 2026.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/Art. 30 heading) 
Article 30. Craft Growers
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/30-3)Sec. 30-3. Definition. In this Article, "Department" means the Department of Agriculture.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/30-5)Sec. 30-5. Issuance of licenses.(a) The Department of Agriculture shall issue up to 40 craft grower licenses by July 1, 2020. Any person or entity awarded a license pursuant to this subsection shall only hold one craft grower license and may not sell that license until after December 21, 2021.(b) By December 21, 2021, the Department of Agriculture shall issue up to 60 additional craft grower licenses. Any person or entity awarded a license pursuant to this subsection shall not hold more than 2 craft grower licenses. The person or entity awarded a license pursuant to this subsection or subsection (a) of this Section may sell its craft grower license subject to the restrictions of this Act or as determined by administrative rule. Prior to issuing such licenses, the Department may adopt rules through emergency rulemaking in accordance with subsection (kk) of Section 5-45 of the Illinois Administrative Procedure Act, to modify or raise the number of craft grower licenses and modify or change the licensing application process. The General Assembly finds that the adoption of rules to regulate cannabis use is deemed an emergency and necessary for the public interest, safety, and welfare. In determining whether to exercise the authority granted by this subsection, the Department of Agriculture must consider the following factors:(1) the percentage of cannabis sales occurring in     Illinois not in the regulated market using data from the Substance Abuse and Mental Health Services Administration, National Survey on Drug Use and Health, Illinois Behavioral Risk Factor Surveillance System, and tourism data from the Illinois Office of Tourism to ascertain total cannabis consumption in Illinois compared to the amount of sales in licensed dispensing organizations;(2) whether there is an adequate supply of cannabis     and cannabis-infused products to serve registered medical cannabis patients;(3) whether there is an adequate supply of cannabis     and cannabis-infused products to serve purchasers;(4) whether there is an oversupply of cannabis in     Illinois leading to trafficking of cannabis to states where the sale of cannabis is not permitted by law;(5) population increases or shifts;(6) the density of craft growers in any area of the     State;(7) perceived security risks of increasing the number     or location of craft growers;(8) the past safety record of craft growers;(9) the Department of Agriculture's capacity to     appropriately regulate additional licensees;(10) (blank); and(11) any other criteria the Department of Agriculture     deems relevant.(c) After January 1, 2022, the Department of Agriculture may by rule modify or raise the number of craft grower licenses and modify or change the licensing application process.  At no time may the number of craft grower licenses exceed 150. Any person or entity awarded a license pursuant to this subsection shall not hold more than 3 craft grower licenses. A person or entity awarded a license pursuant to this subsection or subsection (a) or subsection (b) of this Section may sell its craft grower license or licenses subject to the restrictions of this Act or as determined by administrative rule.(d) Upon the completion of the disparity and availability study pertaining to craft growers by the Cannabis Regulation Oversight Officer pursuant to subsection (e) of Section 5-45, the Department may modify or change the licensing application process to reduce or eliminate barriers from and remedy evidence of discrimination identified in the disparity and availability study. (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-98, eff. 7-15-21.) (410 ILCS 705/30-10)Sec. 30-10. Application.(a) When applying for a license, the applicant shall electronically submit the following in such form as the Department of Agriculture may direct:(1) the nonrefundable application fee of $5,000 to be     deposited into the Cannabis Regulation Fund, or another amount as the Department of Agriculture may set by rule after January 1, 2021;(2) the legal name of the craft grower;(3) the proposed physical address of the craft grower;(4) the name, address, social security number, and     date of birth of each principal officer and board member of the craft grower; each principal officer and board member shall be at least 21 years of age;(5) the details of any administrative or judicial     proceeding in which any of the principal officers or board members of the craft grower (i) pled guilty, were convicted, were fined, or had a registration or license suspended or revoked or (ii) managed or served on the board of a business or non-profit organization that pled guilty, was convicted, was fined, or had a registration or license suspended or revoked;(6) proposed operating bylaws that include procedures     for the oversight of the craft grower, including the development and implementation of a plant monitoring system, accurate recordkeeping, staffing plan, and security plan approved by the Illinois State Police that are in accordance with the rules issued by the Department of Agriculture under this Act; a physical inventory shall be performed of all plants and on a weekly basis by the craft grower;(7) verification from the Illinois State Police that     all background checks of the prospective principal officers, board members, and agents of the cannabis business establishment have been conducted;(8) a copy of the current local zoning ordinance or     permit and verification that the proposed craft grower is in compliance with the local zoning rules and distance limitations established by the local jurisdiction;(9) proposed employment practices, in which the     applicant must demonstrate a plan of action to inform, hire, and educate minorities, women, veterans, and persons with disabilities, engage in fair labor practices, and provide worker protections;(10) whether an applicant can demonstrate experience     in or business practices that promote economic empowerment in Disproportionately Impacted Areas;(11) experience with the cultivation of agricultural     or horticultural products, operating an agriculturally related business, or operating a horticultural business;(12) a description of the enclosed, locked facility     where cannabis will be grown, harvested, manufactured, packaged, or otherwise prepared for distribution to a dispensing organization or other cannabis business establishment;(13) a survey of the enclosed, locked facility,     including the space used for cultivation;(14) cultivation, processing, inventory, and     packaging plans;(15) a description of the applicant's experience with     agricultural cultivation techniques and industry standards;(16) a list of any academic degrees, certifications,     or relevant experience of all prospective principal officers, board members, and agents of the related business;(17) the identity of every person having a financial     or voting interest of 5% or greater in the craft grower operation, whether a trust, corporation, partnership, limited liability company, or sole proprietorship, including the name and address of each person;(18) a plan describing how the craft grower will     address each of the following:(i) energy needs, including estimates of monthly         electricity and gas usage, to what extent it will procure energy from a local utility or from on-site generation, and if it has or will adopt a sustainable energy use and energy conservation policy;(ii) water needs, including estimated water draw         and if it has or will adopt a sustainable water use and water conservation policy; and(iii) waste management, including if it has or         will adopt a waste reduction policy;(19) a recycling plan:(A) Purchaser packaging, including cartridges,         shall be accepted by the applicant and recycled.(B) Any recyclable waste generated by the craft         grower facility shall be recycled per applicable State and local laws, ordinances, and rules.(C) Any cannabis waste, liquid waste, or         hazardous waste shall be disposed of in accordance with 8 Ill. Adm. Code 1000.460, except, to the greatest extent feasible, all cannabis plant waste will be rendered unusable by grinding and incorporating the cannabis plant waste with compostable mixed waste to be disposed of in accordance with 8 Ill. Adm. Code 1000.460(g)(1);(20) a commitment to comply with local waste     provisions: a craft grower facility must remain in compliance with applicable State and federal environmental requirements, including, but not limited to:(A) storing, securing, and managing all         recyclables and waste, including organic waste composed of or containing finished cannabis and cannabis products, in accordance with applicable State and local laws, ordinances, and rules; and(B) disposing liquid waste containing cannabis or         byproducts of cannabis processing in compliance with all applicable State and federal requirements, including, but not limited to, the cannabis cultivation facility's permits under Title X of the Environmental Protection Act;(21) a commitment to a technology standard for     resource efficiency of the craft grower facility.(A) A craft grower facility commits to use         resources efficiently, including energy and water. For the following, a cannabis cultivation facility commits to meet or exceed the technology standard identified in paragraphs (i), (ii), (iii), and (iv), which may be modified by rule:(i) lighting systems, including light bulbs;(ii) HVAC system;(iii) water application system to the crop;             and(iv) filtration system for removing             contaminants from wastewater.(B) Lighting. The Lighting Power Densities (LPD)         for cultivation space commits to not exceed an average of 36 watts per gross square foot of active and growing space canopy, or all installed lighting technology shall meet a photosynthetic photon efficacy (PPE) of no less than 2.2 micromoles per joule fixture and shall be featured on the DesignLights Consortium (DLC) Horticultural Specification Qualified Products List (QPL). In the event that DLC requirement for minimum efficacy exceeds 2.2 micromoles per joule fixture, that PPE shall become the new standard.(C) HVAC.(i) For cannabis grow operations with less             than 6,000 square feet of canopy, the licensee commits that all HVAC units will be high-efficiency ductless split HVAC units, or other more energy efficient equipment.(ii) For cannabis grow operations with 6,000             square feet of canopy or more, the licensee commits that all HVAC units will be variable refrigerant flow HVAC units, or other more energy efficient equipment.(D) Water application.(i) The craft grower facility commits to use             automated watering systems, including, but not limited to, drip irrigation and flood tables, to irrigate cannabis crop.(ii) The craft grower facility commits to             measure runoff from watering events and report this volume in its water usage plan, and that on average, watering events shall have no more than 20% of runoff of water.(E) Filtration. The craft grower commits that         HVAC condensate, dehumidification water, excess runoff, and other wastewater produced by the craft grower facility shall be captured and filtered to the best of the facility's ability to achieve the quality needed to be reused in subsequent watering rounds.(F) Reporting energy use and efficiency as         required by rule; and(22) any other information required by rule.(b) Applicants must submit all required information, including the information required in Section 30-15, to the Department of Agriculture. Failure by an applicant to submit all required information may result in the application being disqualified.(c) If the Department of Agriculture receives an application with missing information, the Department of Agriculture may issue a deficiency notice to the applicant. The applicant shall have 10 calendar days from the date of the deficiency notice to resubmit the incomplete information. Applications that are still incomplete after this opportunity to cure will not be scored and will be disqualified.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-538, eff. 8-20-21.) (410 ILCS 705/30-15)Sec. 30-15. Scoring applications.(a) The Department of Agriculture shall by rule develop a system to score craft grower applications to administratively rank applications based on the clarity, organization, and quality of the applicant's responses to required information. Applicants shall be awarded points based on the following categories:(1) Suitability of the proposed facility;(2) Suitability of the employee training plan;(3) Security and recordkeeping;(4) Cultivation plan;(5) Product safety and labeling plan;(6) Business plan;(7) The applicant's status as a Social Equity     Applicant, which shall constitute no less than 20% of total available points;(8) Labor and employment practices, which shall     constitute no less than 2% of total available points;(9) Environmental plan as described in paragraphs     (18), (19), (20), and (21) of subsection (a) of Section 30-10;(10) The applicant is 51% or more owned and     controlled by an individual or individuals who have been an Illinois resident for the past 5 years as proved by tax records or 2 of the following:(A) a signed lease agreement that includes the          applicant's name;(B) a property deed that includes the applicant's         name;(C) school records;(D) a voter registration card;(E) an Illinois driver's license, an Illinois         Identification Card, or an Illinois Person with a Disability Identification Card;(F) a paycheck stub;(G) a utility bill; or(H) any other proof of residency or other         information necessary to establish residence as provided by rule;(11) The applicant is 51% or more controlled and     owned by an individual or individuals who meet the qualifications of a veteran as defined in Section 45-57 of the Illinois Procurement Code;(12) A diversity plan that includes a narrative of     not more than 2,500 words that establishes a goal of diversity in ownership, management, employment, and contracting to ensure that diverse participants and groups are afforded equality of opportunity; and(13) Any other criteria the Department of Agriculture     may set by rule for points.(b) The Department may also award up to 2 bonus points for the applicant's plan to engage with the community. The applicant may demonstrate a desire to engage with its community by participating in one or more of, but not limited to, the following actions: (i) establishment of an incubator program designed to increase participation in the cannabis industry by persons who would qualify as Social Equity Applicants; (ii) providing financial assistance to substance abuse treatment centers; (iii) educating children and teens about the potential harms of cannabis use; or (iv) other measures demonstrating a commitment to the applicant's community. Bonus points will only be awarded if the Department receives applications that receive an equal score.(c) Should the applicant be awarded a craft grower license, the information and plans that an applicant provided in its application, including any plans submitted for the acquiring of bonus points, shall be a mandatory condition of the license. Any variation from or failure to perform such plans may result in discipline, including the revocation or nonrenewal of a license.(d) Should the applicant be awarded a craft grower license, the applicant shall pay a prorated fee of $40,000 prior to receiving the license, to be deposited into the Cannabis Regulation Fund. The Department of Agriculture may by rule adjust the fee in this Section after January 1, 2021.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/30-20)Sec. 30-20. Issuance of license to certain persons prohibited.(a) No craft grower license issued by the Department of Agriculture shall be issued to a person who is licensed by any licensing authority as a cultivation center, or to any partnership, corporation, limited liability company, or trust or any subsidiary, affiliate, or any other form of business enterprise having more than 10% legal, equitable, or beneficial interest, directly or indirectly, in a person licensed in this State as a cultivation center, or to any principal officer, agent, employee, or human being with any form of ownership or control over a cultivation center except for a person who owns no more than 5% of the outstanding shares of a cultivation center whose shares are publicly traded on an exchange within the meaning of the Securities Exchange Act of 1934.(b) A person who is licensed in this State as a craft grower, or any partnership, corporation, limited liability company, or trust or any subsidiary, affiliate, or agent thereof, or any other form of business enterprise licensed in this State as a craft grower shall not have more than 10% legal, equitable, or beneficial interest, directly or indirectly, in a person licensed as a cultivation center, nor shall any partnership, corporation, limited liability company, or trust or any subsidiary, affiliate, or any other form of business enterprise having any legal, equitable, or beneficial interest, directly or indirectly, in a person licensed in this State as a craft grower or a craft grower agent be a principal officer, agent, employee, or human being with any form of ownership or control over a cultivation center except for a person who owns no more than 5% of the outstanding shares of a cultivation center whose shares are publicly traded on an exchange within the meaning of the Securities Exchange Act of 1934.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/30-25)Sec. 30-25. Denial of application.  An application for a craft grower license must be denied if any of the following conditions are met:(1) the applicant failed to submit the materials     required by this Article;(2) the applicant would not be in compliance with     local zoning rules;(3) one or more of the prospective principal officers     or board members causes a violation of Section 30-20 of this Article;(4) one or more of the principal officers or board     members is under 21 years of age;(5) the person has submitted an application for a     license under this Act that contains false information; or(6) the licensee; principal officer, board member, or     person having a financial or voting interest of 5% or greater in the licensee; or agent is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois.(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/30-30)Sec. 30-30. Craft grower requirements; prohibitions.(a) The operating documents of a craft grower shall include procedures for the oversight of the craft grower, a cannabis plant monitoring system including a physical inventory recorded weekly, accurate recordkeeping, and a staffing plan.(b) A craft grower shall implement a security plan reviewed by the Illinois State Police that includes, but is not limited to: facility access controls, perimeter intrusion detection systems, personnel identification systems, and a 24-hour surveillance system to monitor the interior and exterior of the craft grower facility and that is accessible to authorized law enforcement and the Department of Agriculture in real time.(c) All cultivation of cannabis by a craft grower must take place in an enclosed, locked facility at the physical address provided to the Department of Agriculture during the licensing process. The craft grower location shall only be accessed by the agents working for the craft grower, the Department of Agriculture staff performing inspections, the Department of Public Health staff performing inspections, State and local law enforcement or other emergency personnel, contractors working on jobs unrelated to cannabis, such as installing or maintaining security devices or performing electrical wiring, transporting organization agents as provided in this Act, or participants in the incubator program, individuals in a mentoring or educational program approved by the State, or other individuals as provided by rule. However, if a craft grower shares a premises with an infuser or dispensing organization, agents from those other licensees may access the craft grower portion of the premises if that is the location of common bathrooms, lunchrooms, locker rooms, or other areas of the building where work or cultivation of cannabis is not performed. At no time may an infuser or dispensing organization agent perform work at a craft grower without being a registered agent of the craft grower.(d) A craft grower may not sell or distribute any cannabis to any person other than a cultivation center, a craft grower, an infuser organization, a dispensing organization, or as otherwise authorized by rule.(e) A craft grower may not be located in an area zoned for residential use.(f) A craft grower may not either directly or indirectly discriminate in price between different cannabis business establishments that are purchasing a like grade, strain, brand, and quality of cannabis or cannabis-infused product. Nothing in this subsection (f) prevents a craft grower from pricing cannabis differently based on differences in the cost of manufacturing or processing, the quantities sold, such as volume discounts, or the way the products are delivered.(g) All cannabis harvested by a craft grower and intended for distribution to a dispensing organization must be entered into a data collection system, packaged and labeled under Section 55-21, and, if distribution is to a dispensing organization that does not share a premises with the dispensing organization receiving the cannabis, placed into a cannabis container for transport. All cannabis harvested by a craft grower and intended for distribution to a cultivation center, to an infuser organization, or to a craft grower with which it does not share a premises, must be packaged in a labeled cannabis container and entered into a data collection system before transport.(h) Craft growers are subject to random inspections by the Department of Agriculture, local safety or health inspectors, the Illinois State Police, or as provided by rule.(i) A craft grower agent shall notify local law enforcement, the Illinois State Police, and the Department of Agriculture within 24 hours of the discovery of any loss or theft. Notification shall be made by phone, in person, or  written or electronic communication.(j) A craft grower shall comply with all State and any applicable federal rules and regulations regarding the use of pesticides.(k) A craft grower or craft grower agent shall not transport cannabis or cannabis-infused products to any other cannabis business establishment without a transport organization license unless:(i) If the craft grower is located in a county with a     population of 3,000,000 or more, the cannabis business establishment receiving the cannabis is within 2,000 feet of the property line of the craft grower;(ii) If the craft grower is located in a county with     a population of more than 700,000 but fewer than 3,000,000, the cannabis business establishment receiving the cannabis is within 2 miles of the craft grower; or(iii) If the craft grower is located in a county with     a population of fewer than 700,000, the cannabis business establishment receiving the cannabis is within 15 miles of the craft grower.(l) A craft grower may enter into a contract with a transporting organization to transport cannabis to a cultivation center, a craft grower, an infuser organization, a dispensing organization, or a laboratory.(m) No person or entity shall hold any legal, equitable, ownership, or beneficial interest, directly or indirectly, of more than 3 craft grower  licenses. Further, no person or entity that is employed by, an agent of, or has a contract to receive payment from or participate in the management of   a craft grower, is a principal officer of a craft grower, or entity controlled by or affiliated with a principal officer of a craft grower shall hold any legal, equitable, ownership, or beneficial interest, directly or indirectly, in a craft grower license that would result in the person or entity owning or controlling in combination with any craft grower, principal officer of a craft grower, or entity controlled or affiliated with a principal officer of a craft grower by which he, she, or it is employed, is an agent of, or participates in the management of more than 3 craft grower licenses.(n) It is unlawful for any person having a craft grower license or any officer, associate, member, representative, or agent of the licensee to offer or deliver money, or anything else of value, directly or indirectly, to any person having an Early Approval Adult Use Dispensing Organization License, a Conditional Adult Use Dispensing Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act, or to any person connected with or in any way representing, or to any member of the family of, the person holding an Early Approval Adult Use Dispensing Organization License, a Conditional Adult Use Dispensing Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act, or to any stockholders in any corporation engaged in the retail sale of cannabis, or to any officer, manager, agent, or representative of the Early Approval Adult Use Dispensing Organization License,  a Conditional Adult Use Dispensing Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act to obtain preferential placement within the dispensing organization, including, without limitation, on shelves and in display cases where purchasers can view products, or on the dispensing organization's website.(o) A craft grower shall not be located within 1,500 feet of another craft grower or a cultivation center.(p) A craft grower may process cannabis, cannabis concentrates, and cannabis-infused products.(q) A craft grower must comply with any other requirements or prohibitions set by administrative rule of the Department of Agriculture.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) (410 ILCS 705/30-35)Sec. 30-35. Craft grower agent identification card.(a) The Department of Agriculture shall:(1) establish by rule the information required in an     initial application or renewal application for an agent identification card submitted under this Act and the nonrefundable fee to accompany the initial application or renewal application;(2) verify the information contained in an initial     application or renewal application for an agent identification card submitted under this Act and approve or deny an application within 30 days of receiving a completed initial application or renewal application and all supporting documentation required by rule;(3) issue an agent identification card to a     qualifying agent within 15 business days of approving the initial application or renewal application;(4) enter the license number of the craft grower     where the agent works; and(5) allow for an electronic initial application and     renewal application process, and provide a confirmation by electronic or other methods that an application has been submitted. The Department of Agriculture may by rule require prospective agents to file their applications by electronic means and provide notices to the agents by electronic means.(b) An agent must keep his or her identification card visible at all times when on the property of a cannabis business establishment, including the craft grower organization for which he or she is an agent.(c) The agent identification cards shall contain the following:(1) the name of the cardholder;(2) the date of issuance and expiration date of the     identification card;(3) a random 10-digit alphanumeric identification     number containing at least 4 numbers and at least 4 letters that is unique to the holder;(4) a photograph of the cardholder; and(5) the legal name of the craft grower organization     employing the agent.(d) An agent identification card shall be immediately returned to the cannabis business establishment of the agent upon termination of his or her employment.(e) Any agent identification card lost by a craft grower agent shall be reported to the Illinois State Police and the Department of Agriculture immediately upon discovery of the loss.
(Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.) (410 ILCS 705/30-40)Sec. 30-40. Craft grower background checks.(a) Through the Illinois State Police, the Department of Agriculture shall conduct a background check of the prospective principal officers, board members, and agents of a craft grower applying for a license or identification card under this Act. The Illinois State Police shall charge a fee set by rule for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the record check. In order to carry out this Section, each craft grower organization's prospective principal officer, board member, or agent shall submit a full set of fingerprints to the Illinois State Police for the purpose of obtaining a State and federal criminal records check. These fingerprints shall be checked against the fingerprint records now and hereafter, to the extent allowed by law, filed in the Illinois State Police and Federal Bureau of Investigation criminal history records databases. The Illinois State Police shall furnish, following positive identification, all conviction information to the Department of Agriculture.(b) When applying for the initial license or identification card, the background checks for all prospective principal officers, board members, and agents shall be completed before submitting the application to the licensing or issuing agency.
(Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.) (410 ILCS 705/30-45)Sec. 30-45. Renewal of craft grower licenses and agent identification cards.(a) Licenses and identification cards issued under this Act shall be renewed annually. A craft grower shall receive written or electronic notice 90 days before the expiration of its current license that the license will expire. The Department of Agriculture shall grant a renewal within 45 days of submission of a renewal application if:(1) the craft grower submits a renewal application     and the required nonrefundable renewal fee of $40,000, or another amount as the Department of Agriculture may set by rule after January 1, 2021;(2) the Department of Agriculture has not suspended     the license of the craft grower or suspended or revoked the license for violating this Act or rules adopted under this Act;(3) the craft grower has continued to operate in     accordance with all plans submitted as part of its application and approved by the Department of Agriculture or any amendments thereto that have been approved by the Department of Agriculture;(4) the craft grower has submitted an agent,     employee, contracting, and subcontracting diversity report as required by the Department; and(5) the craft grower has submitted an environmental     impact report.(b) If a craft grower fails to renew its license before expiration, it shall cease operations until its license is renewed.(c) If a craft grower agent fails to renew his or her identification card before its expiration, he or she shall cease to work as an agent of the craft grower organization until his or her identification card is renewed.(d) Any craft grower that continues to operate, or any craft grower agent who continues to work as an agent, after the applicable license or identification card has expired without renewal is subject to the penalties provided under Section 45-5.(e) All fees or fines collected from the renewal of a craft grower license shall be deposited into the Cannabis Regulation Fund.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/30-50)Sec. 30-50. Craft grower taxes; returns.(a) A tax is imposed upon the privilege of cultivating and processing adult use cannabis at the rate of 7% of the gross receipts from the sale of cannabis by a craft grower to a dispensing organization. The sale of any adult use product that contains any amount of cannabis or any derivative thereof is subject to the tax under this Section on the full selling price of the product. The proceeds from this tax shall be deposited into the Cannabis Regulation Fund. This tax shall be paid by the craft grower who makes the first sale and is not the responsibility of a dispensing organization, qualifying patient, or purchaser.(b) In the administration of and compliance with this Section, the Department of Revenue and persons who are subject to this Section: (i) have the same rights, remedies, privileges, immunities, powers, and duties, (ii) are subject to the same conditions, restrictions, limitations, penalties, and definitions of terms, and (iii) shall employ the same modes of procedure as are set forth in the Cannabis Cultivation Privilege Tax Law and the Uniform Penalty and Interest Act as if those provisions were set forth in this Section.(c) The tax imposed under this Act shall be in addition to all other occupation or privilege taxes imposed by the State of Illinois or by any municipal corporation or political subdivision thereof.

(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/30-55)Sec. 30-55. Disclosure of ownership and control.(a)   Each craft grower applicant and licensee shall file and maintain a Table of Organization, Ownership, and Control with the Department. The Table of Organization, Ownership, and Control shall contain the information required by this Section in sufficient detail to identify all owners, directors, and principal officers, and the title of each principal officer or business entity that, through direct or indirect means, manages, owns, or controls the applicant or licensee.(b)   The Table of Organization, Ownership and Control shall identify the following information:(1)   The management structure, ownership, and     control     of the applicant or license holder including the name of each principal officer or business entity, the office or position held, and the percentage ownership interest, if any. If the business entity has a parent company, the name of each owner, board member, and officer of the parent company and his or her percentage ownership interest in the parent company and the craft grower.(2)     If the applicant or licensee is a business     entity     with publicly traded stock, the identification of ownership shall be provided as required in subsection (c).(c) If a business entity identified in subsection (b) is a publicly traded company, the following information shall be provided in the Table of Organization, Ownership, and Control:(1)   The name and percentage of ownership interest     of each individual or business entity with ownership of more than 5% of the voting shares of the entity, to the extent such information is known or contained in 13D or 13G Securities and Exchange Commission filings.(2)   To the extent known, the names and percentage     of     interest of ownership of persons who are relatives of one another and who together exercise control over or own more than 10% of the voting shares of the entity.(d)   A craft grower with a parent company or companies, or partially owned or controlled by another entity must disclose to the Department the relationship and all owners, board members, officers, or individuals with control or management of those entities. A craft grower shall not shield its ownership or control from the Department.(e)   All principal officers must submit a complete online application with the Department within 14 days of the craft grower being licensed by the Department or within 14 days of Department notice of approval as a new principal officer.(f)   A principal officer may not allow his or her registration to expire.(g)   A craft grower separating with a principal officer must do so under this Act. The principal officer must communicate the separation to the Department within 5 business days.(h)   A principal officer not in compliance with the requirements of this Act shall be removed from his or her position with the craft grower or shall otherwise terminate his or her affiliation. Failure to do so may subject the craft grower to discipline, suspension, or revocation of its license by the Department.(i)   It is the responsibility of the craft grower and its principal officers to promptly notify the Department of any change of the principal place of business address, hours of operation, change in ownership or control, or a change of the craft grower's primary or secondary contact information. Any changes must be made to the Department in writing.
(Source: P.A. 102-98, eff. 7-15-21.)
(410 ILCS 705/Art. 35 heading) 
Article 35. Infuser Organizations
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/35-3)Sec. 35-3. Definitions. In this Article:"Department" means the Department of Agriculture.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/35-5)Sec. 35-5. Issuance of licenses.(a)      The Department of Agriculture shall issue up to 40 infuser licenses through a process provided for in this Article no later than July 1, 2020.(b) The Department of Agriculture shall make the application for infuser licenses available on January 7, 2020, or if that date falls on a weekend or holiday, the business day immediately succeeding the weekend or holiday and every January 7 or succeeding business day thereafter, and shall receive such applications no later than March 15, 2020, or, if that date falls on a weekend or holiday, the business day immediately succeeding the weekend or holiday and every March 15 or succeeding business day thereafter.(c) By December 21, 2021, the Department of Agriculture may issue up to 60 additional infuser licenses. Prior to issuing such licenses, the Department may adopt rules through emergency rulemaking in accordance with subsection (kk) of Section 5-45 of the Illinois Administrative Procedure Act, to modify or raise the number of infuser licenses and modify or change the licensing application process to reduce or eliminate barriers. The General Assembly finds that the adoption of rules to regulate cannabis use is deemed an emergency and necessary for the public interest, safety, and welfare.In determining whether to exercise the authority granted by this subsection, the Department of Agriculture must consider the following factors:(1) the percentage of cannabis sales occurring in     Illinois not in the regulated market using data from the Substance Abuse and Mental Health Services Administration, National Survey on Drug Use and Health, Illinois Behavioral Risk Factor Surveillance System, and tourism data from the Illinois Office of Tourism to ascertain total cannabis consumption in Illinois compared to the amount of sales in licensed dispensing organizations;(2) whether there is an adequate supply of cannabis     and cannabis-infused products to serve registered medical cannabis patients;(3) whether there is an adequate supply of cannabis     and cannabis-infused products to serve purchasers;(4) whether there is an oversupply of cannabis in     Illinois leading to trafficking of cannabis to any other state;(5) population increases or shifts;(6) changes to federal law;(7) perceived security risks of increasing the number     or location of infuser organizations;(8) the past security records of infuser     organizations;(9) the Department of Agriculture's capacity to     appropriately regulate additional licenses;(10) (blank); and(11) any other criteria the Department of Agriculture     deems relevant.(d) After January 1, 2022, the Department of Agriculture may by rule modify or raise the number of infuser licenses, and modify or change the licensing application process to reduce or eliminate barriers based on the criteria in subsection (c).(e)   Upon the completion of the disparity and availability
study pertaining to infusers by the Cannabis Regulation Oversight Officer pursuant to subsection (e) of Section 5-45, the Department of Agriculture may modify or change the licensing application process to reduce or eliminate barriers and remedy evidence of discrimination identified in the study. (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-98, eff. 7-15-21.) (410 ILCS 705/35-10)Sec. 35-10. Application.(a) When applying for a license, the applicant shall electronically submit the following in such form as the Department of Agriculture may direct:(1) the nonrefundable application fee of $5,000 or,     after January 1, 2021, another amount as set by rule by the Department of Agriculture, to be deposited into the Cannabis Regulation Fund;(2) the legal name of the infuser;(3) the proposed physical address of the infuser;(4) the name, address, social security number, and     date of birth of each principal officer and board member of the infuser; each principal officer and board member shall be at least 21 years of age;(5) the details of any administrative or judicial     proceeding in which any of the principal officers or board members of the infuser (i) pled guilty, were convicted, fined, or had a registration or license suspended or revoked, or (ii) managed or served on the board of a business or non-profit organization that pled guilty, was convicted, fined, or had a registration or license suspended or revoked;(6) proposed operating bylaws that include procedures     for   the oversight of  the infuser, including  the  development and implementation of a plant monitoring system, accurate  recordkeeping, staffing  plan, and security  plan approved  by   the Illinois State Police that are in accordance with the rules issued by the Department of Agriculture under this Act; a physical inventory of all cannabis shall be performed on a weekly basis by the infuser;(7) verification from the Illinois State Police that     all background checks of the prospective principal officers, board members, and agents of the infuser organization have been conducted;(8) a copy of the current local zoning ordinance and     verification that the proposed infuser is in compliance with the local zoning rules and distance limitations established by the local jurisdiction;(9) proposed employment practices, in which the     applicant must demonstrate a plan of action to inform, hire, and educate minorities, women, veterans, and persons with disabilities, engage in fair labor practices, and provide worker protections;(10) whether an applicant can demonstrate experience     in or business practices that promote economic empowerment in Disproportionately Impacted Areas;(11) experience with infusing products with cannabis     concentrate;(12) a description of the enclosed, locked facility     where cannabis will be infused, packaged, or otherwise prepared for distribution to a dispensing organization or other infuser;(13) processing, inventory, and packaging plans;(14) a description of the applicant's experience with     operating a commercial kitchen or laboratory preparing products for human consumption;(15) a list of any academic degrees, certifications,     or relevant experience of all prospective principal officers, board members, and agents of the related business;(16) the identity of every person having a financial     or voting interest of 5% or greater in the infuser operation with respect to which the license is sought, whether a trust, corporation, partnership, limited liability company, or sole proprietorship, including the name and address of each person;(17) a plan describing how the infuser will address     each of the following:(i) energy needs, including estimates of monthly         electricity and gas usage, to what extent it will procure energy from a local utility or from on-site generation, and if it has or will adopt a sustainable energy use and energy conservation policy;(ii) water needs, including estimated water draw,         and if it has or will adopt a sustainable water use and water conservation policy; and(iii) waste management, including if it has or         will adopt a waste reduction policy;(18)  a recycling plan:(A) a commitment that any recyclable waste         generated by the infuser shall be recycled per applicable State and local laws, ordinances, and rules; and(B) a commitment to comply with local waste         provisions. An infuser commits to remain in compliance with applicable State and federal environmental requirements, including, but not limited to, storing, securing, and managing all recyclables and waste, including organic waste composed of or containing finished cannabis and cannabis products, in accordance with applicable State and local laws, ordinances, and rules; and(19) any other information required by rule.(b) Applicants must submit all required information, including the information required in Section 35-15, to the Department of Agriculture. Failure by an applicant to submit all required information may result in the application being disqualified.(c) If the Department of Agriculture receives an application with missing information, the Department of Agriculture may issue a deficiency notice to the applicant. The applicant shall have 10 calendar days from the date of the deficiency notice to resubmit the incomplete information. Applications that are still incomplete after this opportunity to cure will not be scored and will be disqualified.
(Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.) (410 ILCS 705/35-15)Sec. 35-15. Issuing licenses.(a) The Department of Agriculture shall by rule develop a system to score infuser applications to administratively rank applications based on the clarity, organization, and quality of the applicant's responses to required information. Applicants shall be awarded points based on the following categories:(1) Suitability of the proposed facility;(2) Suitability of the employee training plan;(3) Security and recordkeeping plan;(4) Infusing plan;(5) Product safety and labeling plan;(6) Business plan;(7) The applicant's status as a Social Equity     Applicant, which shall constitute no less than 20% of total available points;(8) Labor and employment practices, which shall     constitute no less than 2% of total available points;(9) Environmental plan as described in paragraphs     (17) and (18) of subsection (a) of Section 35-10;(10) The applicant is 51% or more owned and     controlled by an individual or individuals who have been an Illinois resident for the past 5 years as proved by tax records or 2 of the following:(A) a signed lease agreement that includes the          applicant's name;(B) a property deed that includes the applicant's         name;(C) school records;(D) a voter registration card;(E) an Illinois driver's license, an Illinois         Identification Card, or an Illinois Person with a Disability Identification Card;(F) a paycheck stub;(G) a utility bill; or(H) any other proof of residency or other         information necessary to establish residence as provided by rule;(11) The applicant is 51% or more controlled and     owned by an individual or individuals who meet the qualifications of a veteran as defined by Section 45-57 of the Illinois Procurement Code;(12) A diversity plan that includes a narrative of     not more than 2,500 words that establishes a goal of diversity in ownership, management, employment, and contracting to ensure that diverse participants and groups are afforded equality of opportunity; and(13) Any other criteria the Department of Agriculture     may set by rule for points.(b) The Department may also award up to 2 bonus points for the applicant's plan to engage with the community. The applicant may demonstrate a desire to engage with its community by participating in one or more of, but not limited to, the following actions: (i) establishment of an incubator program designed to increase participation in the cannabis industry by persons who would qualify as Social Equity Applicants; (ii) providing financial assistance to substance abuse treatment centers; (iii) educating children and teens about the potential harms of cannabis use; or (iv) other measures demonstrating a commitment to the applicant's community. Bonus points will only be awarded if the Department receives applications that receive an equal score.(c) Should the applicant be awarded an infuser license, the information and plans that an applicant provided in its application, including any plans submitted for the acquiring of bonus points, becomes a mandatory condition of the permit. Any variation from or failure to perform such plans may result in discipline, including the revocation or nonrenewal of a license.(d) Should the applicant be awarded an infuser organization license, it shall pay a fee of $5,000 prior to receiving the license, to be deposited into the Cannabis Regulation Fund. The Department of Agriculture may by rule adjust the fee in this Section after January 1, 2021.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/35-20)Sec. 35-20. Denial of application. An application for an infuser license shall be denied if any of the following conditions are met:(1) the applicant failed to submit the materials     required by this Article;(2) the applicant would not be in compliance with     local zoning rules or permit requirements;(3) one or more of the prospective principal officers     or board members causes a violation of Section 35-25.(4) one or more of the principal officers or board     members is under 21 years of age;(5) the person has submitted an application for a     license under this Act or this Article that contains false information; or(6) if the licensee; principal officer, board member,     or person having a financial or voting interest of 5% or greater in the licensee; or agent is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois.(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/35-25)Sec. 35-25. Infuser organization requirements; prohibitions.(a) The operating documents of an infuser shall include procedures for the oversight of the infuser, an inventory monitoring system including a physical inventory recorded weekly, accurate recordkeeping, and a staffing plan.(b) An infuser shall implement a security plan reviewed by the Illinois State Police that includes, but is not limited to: facility access controls, perimeter intrusion detection systems, personnel identification systems,  and a 24-hour surveillance system to monitor the interior and exterior of the infuser facility and that is accessible to authorized law enforcement, the Department of Public Health, and the Department of Agriculture in real time.(c) All processing of cannabis by an infuser must take place in an enclosed, locked facility at the physical address provided to the Department of Agriculture during the licensing process. The infuser location shall only be accessed by the agents working for the infuser, the Department of Agriculture staff performing inspections, the Department of Public Health staff performing inspections, State and local law enforcement or other emergency personnel, contractors working on jobs unrelated to cannabis, such as installing or maintaining security devices or performing electrical wiring, transporting organization agents as provided in this Act, participants in the incubator program, individuals in a mentoring or educational program approved by the State, local safety or health inspectors, or other individuals as provided by rule. However, if an infuser shares a premises with a craft grower or dispensing organization, agents from these other licensees may access the infuser portion of the premises if that is the location of common bathrooms, lunchrooms, locker rooms, or other areas of the building where processing of cannabis is not performed. At no time may a craft grower or dispensing organization agent perform work at an infuser without being a registered agent of the infuser.(d) An infuser may not sell or distribute any cannabis to any person other than a dispensing organization, or as otherwise authorized by rule.(e) An infuser may not either directly or indirectly discriminate in price between different cannabis business establishments that are purchasing a like grade, strain, brand, and quality of cannabis or cannabis-infused product. Nothing in this subsection (e) prevents an infuser from pricing cannabis differently based on differences in the cost of manufacturing or processing, the quantities sold, such volume discounts, or the way the products are delivered.(f) All cannabis infused by an infuser and intended for distribution to a dispensing organization must be entered into a data collection system, packaged and labeled under Section 55-21, and, if distribution is to a dispensing organization that does not share a premises with the infuser, placed into a cannabis container for transport. All cannabis produced by an infuser and intended for distribution to a cultivation center, infuser organization, or craft grower with which it does not share a premises, must be packaged in a labeled cannabis container and entered into a data collection system before transport.(g) Infusers are subject to random inspections by the Department of Agriculture, the Department of Public Health, the Illinois State Police, local law enforcement, or as provided by rule.(h) An infuser agent shall notify local law enforcement, the Illinois State Police, and the Department of Agriculture within 24 hours of the discovery of any loss or theft. Notification shall be made by phone, in person, or by written or electronic communication.(i) An infuser organization may not be located in an area zoned for residential use.(j) An infuser or infuser agent shall not transport cannabis or cannabis-infused products to any other cannabis business establishment without a transport organization license unless:(i) If the infuser is located in a county with a     population of 3,000,000 or more, the cannabis business establishment receiving the cannabis or cannabis-infused product is within 2,000 feet of the property line of the infuser;(ii) If the infuser is located in a county with a     population of more than 700,000 but fewer than 3,000,000, the cannabis business establishment receiving the cannabis or cannabis-infused product is within 2 miles of the infuser; or(iii) If the infuser is located in a county with a     population of fewer than 700,000, the cannabis business establishment receiving the cannabis or cannabis-infused product is within 15 miles of the infuser.(k) An infuser may enter into a contract with a transporting organization to transport cannabis to a dispensing organization or a laboratory.(l) An infuser organization may share premises with a craft grower or a dispensing organization, or both, provided each licensee stores currency and cannabis or cannabis-infused products in a separate secured vault to which the other licensee does not have access or all licensees sharing a vault share more than 50% of the same ownership.(m) It is unlawful for any person or entity having an infuser organization license or any officer, associate, member, representative or agent of such licensee to offer or deliver money, or anything else of value, directly or indirectly to any person having an Early Approval Adult Use Dispensing Organization License, a Conditional Adult Use Dispensing Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act, or to any person connected with or in any way representing, or to any member of the family of, such person holding an Early Approval Adult Use Dispensing Organization License, a Conditional Adult Use Dispensing Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act, or to any stockholders in any corporation engaged the retail sales of cannabis, or to any officer, manager, agent, or representative of the Early Approval Adult Use Dispensing Organization License, a Conditional Adult Use Dispensing Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act to obtain preferential placement within the dispensing organization, including, without limitation, on shelves and in display cases where purchasers can view products, or on the dispensing organization's website.(n) At no time shall an infuser organization or an infuser agent perform the extraction of cannabis concentrate from cannabis flower.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) (410 ILCS 705/35-30)Sec. 35-30. Infuser agent identification card.(a) The Department of Agriculture shall:(1) establish by rule the information required in an     initial application or renewal application for an agent identification card submitted under this Act and the nonrefundable fee to accompany the initial application or renewal application;(2) verify the information contained in an initial     application or renewal application for an agent identification card submitted under this Act, and approve or deny an application within 30 days of receiving a completed initial application or renewal application and all supporting documentation required by rule;(3) issue an agent identification card to a     qualifying agent within 15 business days of approving the initial application or renewal application;(4) enter the license number of the infuser where the     agent works; and(5) allow for an electronic initial application and     renewal application process, and provide a confirmation by electronic or other methods that an application has been submitted. The Department of Agriculture may by rule require prospective agents to file their applications by electronic means and provide notices to the agents by electronic means.(b) An agent must keep his or her identification card visible at all times when on the property of a cannabis business establishment including the cannabis business establishment for which he or she is an agent.(c) The agent identification cards shall contain the following:(1) the name of the cardholder;(2) the date of issuance and expiration date of the     identification card;(3) a random 10-digit alphanumeric identification     number containing at least 4 numbers and at least 4 letters that is unique to the holder;(4) a photograph of the cardholder; and(5) the legal name of the infuser organization     employing the agent.(d) An agent identification card shall be immediately returned to the infuser organization of the agent upon termination of his or her employment.(e) Any agent identification card lost by a  transporting agent shall be reported to the Illinois State Police and the Department of Agriculture immediately upon discovery of the loss.(f) An agent applicant may begin employment at an infuser organization while the agent applicant's identification card application is pending. Upon approval, the Department shall issue the agent's identification card to the agent. If denied, the infuser organization and the agent applicant shall be notified and the agent applicant must cease all activity at the infuser organization immediately. 
(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) (410 ILCS 705/35-31)Sec. 35-31. Ensuring an adequate supply of raw materials to serve infusers.(a) As used in this Section, "raw materials" includes, but is not limited to, CO2 hash oil, "crude", "distillate", or any other cannabis concentrate extracted from cannabis flower by use of a solvent or a mechanical process.(b) The Department of Agriculture may by rule design a method for assessing whether licensed infusers have access to an adequate supply of reasonably affordable raw materials, which may include but not be limited to: (i) a survey of infusers; (ii) a market study on the sales trends of cannabis-infused products manufactured by infusers; and (iii) the costs cultivation centers and craft growers assume for the raw materials they use in any cannabis-infused products they manufacture.(c) The Department of Agriculture shall perform an assessment of whether infusers have access to an adequate supply of reasonably affordable raw materials that shall start no sooner than January 1, 2022 and shall conclude no later than April 1, 2022. The Department of Agriculture may rely on data from the Illinois Cannabis Regulation Oversight Officer as part of this assessment.(d) The Department of Agriculture shall perform an assessment of whether infusers have access to an adequate supply of reasonably affordable raw materials that shall start no sooner than January 1, 2023 and shall conclude no later than April 1, 2023.  The Department of Agriculture may rely on data from the Cannabis Regulation Oversight Officer as part of this assessment.(e) The Department of Agriculture may by rule adopt measures to ensure infusers have access to an adequate supply of reasonably affordable raw materials necessary for the manufacture of cannabis-infused products.  Such measures may include, but not be limited to (i) requiring cultivation centers and craft growers to set aside a minimum amount of raw materials for the wholesale market or (ii) enabling infusers to apply for a processor license to extract raw materials from cannabis flower.(f) If the Department of Agriculture determines processor licenses may be available to infuser organizations based upon findings made pursuant to subsection (e), infuser organizations may submit to the Department of Agriculture on forms provided by the Department of Agriculture the following information as part of an application to receive a processor license:(1) experience with the extraction, processing, or     infusing of oils similar to those derived from cannabis, or other business practices to be performed by the infuser;(2) a description of the applicant's experience with     manufacturing equipment and chemicals to be used in processing;(3) expertise in relevant scientific fields;(4) a commitment that any cannabis waste, liquid     waste, or hazardous waste shall be disposed of in accordance with 8 Ill. Adm. Code 1000.460, except, to the greatest extent feasible, all cannabis plant waste will be rendered unusable by grinding and incorporating the cannabis plant waste with compostable mixed waste to be disposed of in accordance with Ill. Adm. Code 1000.460(g)(1); and(5) any other information the Department of     Agriculture deems relevant.(g) The Department of Agriculture may only issue an infuser organization a processor license if, based on the information pursuant to subsection (f) and any other criteria set by the Department of Agriculture, which may include but not be limited an inspection of the site where processing would occur, the Department of Agriculture is reasonably certain the infuser organization will process cannabis in a safe and compliant manner.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/35-35)Sec. 35-35. Infuser organization background checks.(a) Through the Department of State Police, the Department of Agriculture shall conduct a background check of the prospective principal officers, board members, and agents of an infuser applying for a license or identification card under this Act. The Department of State Police shall charge a fee set by rule for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the record check. In order to carry out this provision, each infuser organization's prospective principal officer, board member, or agent shall submit a full set of fingerprints to the Department of State Police for the purpose of obtaining a State and federal criminal records check. These fingerprints shall be checked against the fingerprint records now and hereafter, to the extent allowed by law, filed in the Department of State Police and Federal Bureau of Investigation criminal history records databases. The Department of State Police shall furnish, following positive identification, all conviction information to the Department of Agriculture.(b) When applying for the initial license or identification card, the background checks for all prospective principal officers, board members, and agents shall be completed before submitting the application to the licensing or issuing agency.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/35-40)Sec. 35-40. Renewal of infuser organization licenses and agent identification cards.(a) Licenses and identification cards issued under this Act shall be renewed annually. An infuser organization shall receive written or electronic notice 90 days before the expiration of its current license that the license will expire. The Department of Agriculture shall grant a renewal within 45 days of submission of a renewal application if:(1) the infuser organization submits a renewal     application and the required nonrefundable renewal fee of $20,000, or, after January 1, 2021, another amount set by rule by the Department of Agriculture, to be deposited into the Cannabis Regulation Fund;(2) the Department of Agriculture has not suspended     or revoked the license of the infuser organization for violating this Act or rules adopted under this Act;(3) the infuser organization has continued to operate     in accordance with all plans submitted as part of its application and approved by the Department of Agriculture or any amendments thereto that have been approved by the Department of Agriculture;(4) The infuser has submitted an agent, employee,     contracting, and subcontracting diversity report as required by the Department; and(5) The infuser has submitted an environmental impact     report.(b) If an infuser organization fails to renew its license before expiration, it shall cease operations until its license is renewed.(c) If an infuser organization agent fails to renew his or her identification card before its expiration, he or she shall cease to work as an agent of the infuser organization until his or her identification card is renewed.(d) Any infuser organization that continues to operate, or any infuser organization agent who continues to work as an agent, after the applicable license or identification card has expired without renewal is subject to the penalties provided under Section 35-25.(e) The Department shall not renew a license or an agent identification card if the applicant is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/35-45)Sec. 35-45. Disclosure of ownership and control.(a)   Each infuser organization applicant and licensee shall file and maintain a Table of Organization, Ownership and Control with the Department. The Table of Organization, Ownership and Control shall contain the information required by this Section in sufficient detail to identify all owners, directors, and principal officers, and the title of each principal officer or business entity that, through direct or indirect means, manages, owns, or controls the applicant or licensee.(b)   The Table of Organization, Ownership, and Control shall identify the following information:(1)   The management structure, ownership, and     control     of the applicant or license holder including the name of each principal officer or business entity, the office or position held, and the percentage ownership interest, if any. If the business entity has a parent company, the name of each owner, board member, and officer of the parent company and his or her percentage ownership interest in the parent company and the infuser organization.(2)     If the applicant or licensee is a business     entity     with publicly traded stock, the identification of ownership shall be provided as required in subsection (c).(c) If a business entity identified in subsection (b) is a publicly traded company, the following information shall be provided in the Table of Organization, Ownership, and Control:(1)   The name and percentage of ownership interest     of each individual or business entity with ownership of more than 5% of the voting shares of the entity, to the extent such information is known or contained in 13D or 13G Securities and Exchange Commission filings.(2)   To the extent known, the names and percentage     of     interest of ownership of persons who are relatives of one another and who together exercise control over or own more than 10% of the voting shares of the entity.(d)   An infuser organization with a parent company or companies, or partially owned or controlled by another entity must disclose to the Department the relationship and all owners, board members, officers, or individuals with control or management of those entities. An infuser organization shall not shield its ownership or control from the Department.(e)   All principal officers must submit a complete online application with the Department within 14 days of the infuser organization being licensed by the Department or within 14 days of Department notice of approval as a new principal officer.(f)   A principal officer may not allow his or her registration to expire.(g)   An infuser organization separating with a principal officer must do so under this Act. The principal officer must communicate the separation to the Department within 5 business days.(h)   A principal officer not in compliance with the requirements of this Act shall be removed from his or her position with the infuser organization or shall otherwise terminate his or her affiliation. Failure to do so may subject the infuser organization to discipline, suspension, or revocation of its license by the Department.(i)   It is the responsibility of the infuser organization and its principal officers to promptly notify the Department of any change of the principal place of business address, hours of operation, change in ownership or control, or a change of the infuser organization's primary or secondary contact information. Any changes must be made to the Department in writing.
(Source: P.A. 102-98, eff. 7-15-21.)
(410 ILCS 705/Art. 40 heading) 
Article 40.Transporting Organizations
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/40-1)Sec. 40-1. Definition. In this Article, "Department" means the Department of Agriculture.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/40-5)Sec. 40-5. Issuance of licenses.(a)      The Department shall issue transporting licenses through a process provided for in this Article no later than July 1, 2020.(b) The Department shall make the
application for transporting organization licenses available
on January 7, 2020 and shall receive such applications no later than March 15, 2020. The Department of Agriculture shall make available such applications on every January 7 thereafter or if that date falls on a weekend or
holiday, the business day immediately succeeding the weekend or
holiday and
shall receive such applications no later than
March 15 or the succeeding business day thereafter.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/40-10)Sec. 40-10. Application.(a) When applying for a transporting organization license, the applicant shall submit the following in such form as the Department of Agriculture may direct:(1) the nonrefundable application fee of $5,000 or,     after January 1, 2021, another amount as set by rule by the Department of Agriculture, to be deposited into the Cannabis Regulation Fund;(2) the legal name of the transporting organization;(3) the proposed physical address of the transporting     organization, if one is proposed;(4) the name, address, social security number, and     date of birth of each principal officer and board member of the transporting organization; each principal officer and board member shall be at least 21 years of age;(5) the details of any administrative or judicial     proceeding in which any of the principal officers or board members of the transporting organization (i) pled guilty, were convicted, fined, or had a registration or license suspended or revoked, or (ii) managed or served on the board of a business or non-profit organization that pled guilty, was convicted, fined, or had a registration or license suspended or revoked;(6) proposed operating bylaws that include procedures     for   the oversight of   the  transporting organization, including the  development and implementation of an  accurate  recordkeeping plan, staffing  plan, and  security  plan approved  by   the Illinois State Police that are in accordance with the rules issued by the Department of Agriculture under this Act; a physical inventory shall be performed of all cannabis on a weekly basis by the transporting organization;(7) verification from the Illinois State Police that     all background checks of the prospective principal officers, board members, and agents of the transporting organization have been conducted;(8) a copy of the current local zoning ordinance or     permit and verification that the proposed transporting organization is in compliance with the local zoning rules and distance limitations established by the local jurisdiction, if the transporting organization has a business address;(9) proposed employment practices, in which the     applicant must demonstrate a plan of action to inform, hire, and educate minorities, women, veterans, and persons with disabilities, engage in fair labor practices, and provide worker protections;(10) whether an applicant can demonstrate experience     in or business practices that promote economic empowerment in Disproportionately Impacted Areas;(11) the number and type of equipment the     transporting organization will use to transport cannabis and cannabis-infused products;(12) loading, transporting, and unloading plans;(13) a description of the applicant's experience in     the distribution or security business;(14) the identity of every person having a financial     or voting interest of 5% or more in the transporting organization with respect to which the license is sought, whether a trust, corporation, partnership, limited liability company, or sole proprietorship, including the name and address of each person; and(15) any other information required by rule.(b) Applicants must submit all required information, including the information required in Section 40-35 to the Department. Failure by an applicant to submit all required information may result in the application being disqualified.(c) If the Department receives an application with missing information, the Department of Agriculture may issue a deficiency notice to the applicant. The applicant shall have 10 calendar days from the date of the deficiency notice to resubmit the incomplete information. Applications that are still incomplete after this opportunity to cure will not be scored and will be disqualified.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-538, eff. 8-20-21.) (410 ILCS 705/40-15)Sec. 40-15. Issuing licenses.(a) The Department of Agriculture shall by rule develop a system to score transporter applications to administratively rank applications based on the clarity, organization, and quality of the applicant's responses to required information. Applicants shall be awarded points based on the following categories:(1) suitability of employee training plan;(2) security and recordkeeping plan;(3) business plan;(4) the applicant's status as a Social Equity     Applicant, which shall constitute no less than 20% of total available points;(5) labor and employment practices, which shall     constitute no less than 2% of total available points;(6) environmental plan that demonstrates an     environmental plan of action to minimize the carbon footprint, environmental impact, and resource needs for the transporter, which may include, without limitation, recycling cannabis product packaging;(7) the applicant is 51% or more owned and controlled     by an individual or individuals who have been an Illinois resident for the past 5 years as proved by tax records or 2 of the following:(A) a signed lease agreement that includes the          applicant's name;(B) a property deed that includes the applicant's         name;(C) school records;(D) a voter registration card;(E) an Illinois driver's license, an Illinois         Identification Card, or an Illinois Person with a Disability Identification Card;(F) a paycheck stub;(G) a utility bill; or(H) any other proof of residency or other         information necessary to establish residence as provided by rule;(8) the applicant is 51% or more controlled and owned     by an individual or individuals who meet the qualifications of a veteran as defined by Section 45-57 of the Illinois Procurement Code;(9) a diversity plan that includes a narrative of not     more than 2,500 words that establishes a goal of diversity in ownership, management, employment, and contracting to ensure that diverse participants and groups are afforded equality of opportunity; and(10) any other criteria the Department of Agriculture     may set by rule for points.(b) The Department may also award up to 2 bonus points for the applicant's plan to engage with the community. The applicant may demonstrate a desire to engage with its community by participating in one or more of, but not limited to, the following actions: (i) establishment of an incubator program designed to increase participation in the cannabis industry by persons who would qualify as Social Equity Applicants; (ii) providing financial assistance to substance abuse treatment centers; (iii) educating children and teens about the potential harms of cannabis use; or (iv) other measures demonstrating a commitment to the applicant's community.  Bonus points will only be awarded if the Department receives applications that receive an equal score.(c) Applicants for transporting organization licenses that score at least 75% of the available points according to the system developed by rule and meet all other requirements for a transporter license shall be issued a license by the
Department of Agriculture within 60 days of receiving the application. Applicants that were registered as medical cannabis cultivation centers prior to January 1, 2020 and who meet all other requirements for a transporter license shall be issued a license by the Department of Agriculture within 60 days of receiving the application.(d) Should the applicant be awarded a transporting organization license, the information and plans that an applicant provided in its application, including any plans submitted for the acquiring of bonus points, shall be a mandatory condition of the permit. Any variation from or failure to perform such plans may result in discipline, including the revocation or nonrenewal of a license.(e) Should the applicant be awarded a transporting organization license, the applicant shall pay a prorated fee of $10,000 prior to receiving the license, to be deposited into the Cannabis Regulation Fund. The Department of Agriculture may by rule adjust the fee in this Section after January 1, 2021.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/40-20)Sec. 40-20. Denial of application. An application for a transporting organization license shall be denied if any of the following conditions are met:(1) the applicant failed to submit the materials     required by this Article;(2) the applicant would not be in compliance with     local zoning rules or permit requirements;(3) one or more of the prospective principal officers     or board members causes a violation of Section 40-25;(4) one or more of the principal officers or board     members is under 21 years of age;(5) the person has submitted an application for a     license under this Act that contains false information; or(6) the licensee, principal officer, board member, or     person having a financial or voting interest of 5% or greater in the licensee is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois.(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/40-25)Sec. 40-25. Transporting organization requirements; prohibitions.(a) The operating documents of a transporting organization shall include procedures for the oversight of the transporter, an inventory monitoring system including a physical inventory recorded weekly, accurate recordkeeping, and a staffing plan.(b) A transporting organization may not transport cannabis or cannabis-infused products to any person other than a cultivation center, a craft grower, an infuser organization, a dispensing organization, a testing facility, or as otherwise authorized by rule.(c) All cannabis transported by a transporting organization must be entered into a data collection system and placed into a cannabis container for transport.(d) Transporters are subject to random inspections by the Department of Agriculture, the Department of Public Health, the Illinois State Police, or as provided by rule.(e) A transporting organization agent shall notify local law enforcement, the Illinois State Police, and the Department of Agriculture within 24 hours of the discovery of any loss or theft. Notification shall be made by phone, in person, or by written or electronic communication.(f) No person under the age of 21 years shall be in a commercial vehicle or trailer transporting cannabis goods.(g) No person or individual who is not a transporting organization agent shall be in a vehicle while transporting cannabis goods.(h) Transporters may not use commercial motor vehicles with a weight rating of over 10,001 pounds.(i) It is unlawful for any person to offer or deliver money, or anything else of value, directly or indirectly, to any of the following  persons to obtain preferential placement within the dispensing organization, including, without limitation, on shelves and in display cases where purchasers can view products, or on the dispensing organization's website:(1) a person having a transporting organization     license, or any officer, associate, member, representative, or agent of the licensee;(2) a person having an Early Applicant Adult Use     Dispensing Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act;(3)  a person connected with or in any way     representing, or a member of the family of, a person holding an Early Applicant Adult Use Dispensing Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act; or(4)  a stockholder, officer, manager, agent, or     representative of a corporation engaged in the retail sale of cannabis, an Early Applicant Adult Use Dispensing Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act.(j) A transporting organization agent must keep his or her identification card visible at all times when on the property of a cannabis business establishment and during the transporting of cannabis when acting under his or her duties as a transportation organization agent. During these times, the transporting organization agent must also provide the identification card upon request of any law enforcement officer engaged in his or her official duties.(k) A copy of the transporting organization's registration and a manifest for the delivery shall be present in any vehicle transporting cannabis.(l) Cannabis shall be transported so it is not visible or recognizable from outside the vehicle.(m) A vehicle transporting cannabis must not bear any markings to indicate the vehicle contains
cannabis or bear the name or logo of the cannabis business establishment.(n) Cannabis must be transported in an enclosed, locked storage compartment that is secured or affixed to the vehicle.(o) The Department of Agriculture may, by rule,  impose any other requirements or prohibitions on the transportation of cannabis.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) (410 ILCS 705/40-30)Sec. 40-30. Transporting agent identification card.(a) The Department of Agriculture shall:(1) establish by rule the information required in an     initial application or renewal application for an agent identification card submitted under this Act and the nonrefundable fee to accompany the initial application or renewal application;(2) verify the information contained in an initial     application or renewal application for an agent identification card submitted under this Act and approve or deny an application within 30 days of receiving a completed initial application or renewal application and all supporting documentation required by rule;(3) issue an agent identification card to a     qualifying agent within 15 business days of approving the initial application or renewal application;(4) enter the license number of the transporting     organization where the agent works; and(5) allow for an electronic initial application and     renewal application process, and provide a confirmation by electronic or other methods that an application has been submitted. The Department of Agriculture may by rule require prospective agents to file their applications by electronic means and provide notices to the agents by electronic means.(b) An agent must keep his or her identification card visible at all times when on the property of a cannabis business establishment, including the cannabis business establishment for which he or she is an agent.(c) The agent identification cards shall contain the following:(1) the name of the cardholder;(2) the date of issuance and expiration date of the     identification card;(3) a random 10-digit alphanumeric identification     number containing at least 4 numbers and at least 4 letters that is unique to the holder;(4) a photograph of the cardholder; and(5) the legal name of the transporting organization     employing the agent.(d) An agent identification card shall be immediately returned to the transporting organization of the agent upon termination of his or her employment.(e) Any agent identification card lost by a  transporting agent shall be reported to the Illinois State Police and the Department of Agriculture immediately upon discovery of the loss.(f) An application for an agent identification card shall be denied if the applicant is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois.(g) An agent applicant may begin employment at a transporting organization while the agent applicant's identification card application is pending. Upon approval, the Department shall issue the agent's identification card to the agent. If denied, the transporting organization and the agent applicant shall be notified and the agent applicant must cease all activity at the transporting organization immediately. (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) (410 ILCS 705/40-35)Sec. 40-35. Transporting organization background checks.(a) Through the Illinois State Police, the Department of Agriculture shall conduct a background check of the prospective principal officers, board members, and agents of a transporter applying for a license or identification card under this Act. The Illinois State Police shall charge a fee set by rule for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the record check. In order to carry out this provision, each transporting organization's prospective principal officer, board member, or agent shall submit a full set of fingerprints to the Illinois State Police for the purpose of obtaining a State and federal criminal records check. These fingerprints shall be checked against the fingerprint records now and hereafter, to the extent allowed by law, filed in the Illinois State Police and Federal Bureau of Investigation criminal history records databases. The Illinois State Police shall furnish, following positive identification, all conviction information to the Department of Agriculture.(b) When applying for the initial license or identification card, the background checks for all prospective principal officers, board members, and agents shall be completed before submitting the application to the Department of Agriculture.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-538, eff. 8-20-21.) (410 ILCS 705/40-40)Sec. 40-40. Renewal of transporting organization licenses and agent identification cards.(a) Licenses and identification cards issued under this Act shall be renewed annually. A transporting organization shall receive written or electronic notice 90 days before the expiration of its current license that the license will expire. The Department of Agriculture shall grant a renewal within 45 days of submission of a renewal application if:(1) the transporting organization submits a renewal     application and the required nonrefundable renewal fee of $10,000, or after January 1, 2021, another amount set by rule by the Department of Agriculture, to be deposited into the Cannabis Regulation Fund;(2) the Department of Agriculture has not suspended     or revoked the license of the transporting organization for violating this Act or rules adopted under this Act;(3) the transporting organization has continued to     operate in accordance with all plans submitted as part of its application and approved by the Department of Agriculture or any amendments thereto that have been approved by the Department of Agriculture; and(4) the transporter has submitted an agent, employee,     contracting, and subcontracting diversity report as required by the Department.(b) If a transporting organization fails to renew its license before expiration, it shall cease operations until its license is renewed.(c) If a transporting organization agent fails to renew his or her identification card before its expiration, he or she shall cease to work as an agent of the transporting organization until his or her identification card is renewed.(d) Any transporting organization that continues to operate, or any transporting organization agent who continues to work as an agent, after the applicable license or identification card has expired without renewal is subject to the penalties provided under Section 45-5.(e) The Department shall not renew a license or an agent identification card if the applicant is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/40-45)Sec. 40-45. Disclosure of ownership and control.(a)   Each transporting organization applicant and licensee shall file and maintain a Table of Organization, Ownership, and Control with the Department. The Table of Organization, Ownership, and Control shall contain the information required by this Section in sufficient detail to identify all owners, directors, and principal officers, and the title of each principal officer or business entity that, through direct or indirect means, manages, owns, or controls the applicant or licensee.(b)   The Table of Organization, Ownership, and Control shall identify the following information:(1)   The management structure, ownership, and     control     of the applicant or license holder including the name of each principal officer or business entity, the office or position held, and the percentage ownership interest, if any. If the business entity has a parent company, the name of each owner, board member, and officer of the parent company and his or her percentage ownership interest in the parent company and the transporting organization.(2)     If the applicant or licensee is a business     entity     with publicly traded stock, the identification of ownership shall be provided as required in subsection (c).(c) If a business entity identified in subsection (b) is a publicly traded company, the following information shall be provided in the Table of Organization, Ownership, and Control:(1)   The name and percentage of ownership interest     of each individual or business entity with ownership of more than 5% of the voting shares of the entity, to the extent such information is known or contained in 13D or 13G Securities and Exchange Commission filings.(2)   To the extent known, the names and percentage     of     interest of ownership of persons who are relatives of one another and who together exercise control over or own more than 10% of the voting shares of the entity.(d)   A transporting organization with a parent company or companies, or partially owned or controlled by another entity must disclose to the Department the relationship and all owners, board members, officers, or individuals with control or management of those entities. A transporting organization shall not shield its ownership or control from the Department.(e)   All principal officers must submit a complete online application with the Department within 14 days of the transporting organization being licensed by the Department or within 14 days of Department notice of approval as a new principal officer.(f)   A principal officer may not allow his or her registration to expire.(g)   A transporting organization separating with a principal officer must do so under this Act. The principal officer must communicate the separation to the Department within 5 business days.(h)   A principal officer not in compliance with the requirements of this Act shall be removed from his or her position with the transporting organization or shall otherwise terminate his or her affiliation. Failure to do so may subject the transporting organization to discipline, suspension, or revocation of its license by the Department.(i)   It is the responsibility of the transporting organization and its principal officers to promptly notify the Department of any change of the principal place of business address, hours of operation, change in ownership or control, or a change of the transporting organization's primary or secondary contact information. Any changes must be made to the Department in writing.
(Source: P.A. 102-98, eff. 7-15-21.)
(410 ILCS 705/Art. 45 heading) 
Article 45.Enforcement and Immunities
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/45-5)Sec. 45-5. License suspension; revocation; other penalties.(a) Notwithstanding any other criminal penalties related to the unlawful possession of cannabis, the Department of Financial and Professional Regulation and the Department of Agriculture may revoke, suspend, place on probation, reprimand, issue cease and desist orders, refuse to issue or renew a license, or take any other disciplinary or nondisciplinary action as each department may deem proper with regard to a cannabis business establishment or cannabis business establishment agent, including fines not to exceed:(1) $50,000 for each violation of this Act or rules     adopted under this Act by a cultivation center or cultivation center agent;(2) $20,000 for each violation of this Act or rules     adopted under this Act by a dispensing organization or dispensing organization agent;(3) $15,000 for each violation of this Act or rules     adopted under this Act by a craft grower or craft grower agent;(4) $10,000 for each violation of this Act or rules     adopted under this Act by an infuser organization or infuser organization agent; and(5) $10,000 for each violation of this Act or rules     adopted under this Act by a transporting organization or transporting organization agent.(b) The Department of Financial and Professional Regulation and the Department of Agriculture, as the case may be, shall consider licensee cooperation in any agency or other investigation in its determination of penalties imposed under this Section.(c) The procedures for disciplining a cannabis business establishment or cannabis business establishment agent and for administrative hearings shall be determined by rule, and shall provide for the review of final decisions under the Administrative Review Law.(d) The Attorney General may also enforce a violation of Section 55-20, Section 55-21, and Section 15-155 as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.  
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/45-10)Sec. 45-10. Immunities and presumptions related to the handling of cannabis by cannabis business establishments and their agents.(a) A cultivation center, craft grower, infuser organization, or transporting organization is not subject to: (i) prosecution; (ii) search or inspection, except by the Department of Agriculture, the Department of Public Health, or State or local law enforcement under this Act; (iii) seizure; (iv) penalty in any manner, including, but not limited to, civil penalty; (v) denial of any right or privilege; or (vi) disciplinary action by a business licensing board or entity for acting under this Act and rules adopted under this Act to acquire, possess, cultivate, manufacture, process, deliver, transfer, transport, supply, or sell cannabis or cannabis paraphernalia under this Act.(b) A licensed cultivation center agent, licensed craft grower agent, licensed infuser organization agent, or licensed transporting organization agent is not subject to: (i) prosecution; (ii) search; (iii) penalty in any manner, including, but not limited to, civil penalty; (iv) denial of any right or privilege; or (v) disciplinary action by a business licensing board or entity, for engaging in cannabis-related activities authorized under this Act and rules adopted under this Act.(c) A dispensing organization is not subject to: (i) prosecution; (ii) search or inspection, except by the Department of Financial and Professional Regulation, or State or local law enforcement under this Act; (iii) seizure; (iv) penalty in any manner, including, but not limited to, civil penalty; (v) denial of any right or privilege; or (vi) disciplinary action by a business licensing board or entity, for acting under this Act and rules adopted under this Act to acquire, possess, or dispense cannabis, cannabis-infused products, cannabis paraphernalia, or related supplies, and educational materials under this Act.(d) A licensed dispensing organization agent is not subject to: (i) prosecution; (ii) search; or (iii) penalty in any manner, or denial of any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business licensing board or entity, for working for a dispensing organization under this Act and rules adopted under this Act.(e) Any cannabis, cannabis-infused product, cannabis paraphernalia, legal property, or interest in legal property that is possessed, owned, or used in connection with the use of cannabis as allowed under this Act, or acts incidental to that use, may not be seized or forfeited. This Act does not prevent the seizure or forfeiture of cannabis exceeding the amounts allowed under this Act, nor does it prevent seizure or forfeiture if the basis for the action is unrelated to the cannabis that is possessed, manufactured, transferred, or used under this Act.(f) Nothing in this Act shall preclude local or State law enforcement agencies from searching a cultivation center, craft grower, infuser organization, transporting organization, or dispensing organization if there is probable cause to believe that the criminal laws of this State have been violated and the search is conducted in conformity with the Illinois Constitution, the Constitution of the United States, and applicable law.(g)  Nothing in this Act shall preclude the Attorney General or other authorized government agency from investigating or bringing a civil action against a cannabis business establishment, or an agent thereof, for a violation of State law, including, but not limited to, civil rights violations and violations of the Consumer Fraud and Deceptive Business Practices Act.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/45-15)Sec. 45-15. State standards and requirements.  Any standards, requirements, and rules regarding the health and safety, environmental protection, testing, security, food safety, and worker protections established by the State shall be the minimum standards for all licensees under this Act statewide, where applicable. Knowing violations of any State or local law, ordinance, or rule conferring worker protections or legal rights on the employees of a licensee may be grounds for disciplinary action under this Act, in addition to penalties established elsewhere.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/45-20)Sec. 45-20. Violation of tax Acts; refusal, revocation, or suspension of license or agent identification card.(a) In addition to other grounds specified in this Act, the Department of Agriculture and Department of Financial and Professional Regulation, upon notification by the Department of Revenue, shall refuse the issuance or renewal of a license or agent identification card, or suspend or revoke the license or agent identification card, of any person, for any of the following violations of any tax Act administered by the Department of Revenue:(1) Failure to file a tax return.(2) The filing of a fraudulent return.(3) Failure to pay all or part of any tax or penalty     finally determined to be due.(4) Failure to keep books and records.(5) Failure to secure and display a certificate or     sub-certificate of registration, if required.(6) Willful violation of any rule or regulation of     the Department relating to the   administration and enforcement of tax liability.(b) After all violations of any of items (1) through (6) of subsection (a) have been corrected or resolved, the Department shall, upon request of the applicant or, if not requested, may notify the entities listed in subsection (a) that the violations have been corrected or resolved.  Upon receiving notice from the Department that a violation of any of items (1) through (6) of subsection (a) have been corrected or otherwise resolved to the Department of Revenue's satisfaction, the Department of Agriculture and the Department of Financial and Professional Regulation may issue or renew the license or agent identification card, or vacate an order of suspension or revocation.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/Art. 5 heading) 
Article 5. Authority
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/5-5)Sec. 5-5. Sharing of authority.  Notwithstanding any provision of law to the contrary, any authority granted to any State agency or State employees or appointees under the Compassionate Use of Medical Cannabis Program Act shall be shared by any State agency or State employees or appointees given authority to license, discipline, revoke, regulate, or make rules under this Act. 
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/5-10)Sec. 5-10. Department of Agriculture.  The Department of Agriculture shall administer and enforce provisions of this Act relating to the oversight and registration of cultivation centers, craft growers, infuser organizations, and transporting organizations and agents, including the issuance of identification cards and establishing limits on potency or serving size for cannabis or cannabis products. The Department of Agriculture may suspend or revoke the license of, or impose other penalties upon cultivation centers, craft growers, infuser organizations, transporting organizations, and their principal officers, Agents-in-Charge, and agents for violations of this Act and any rules adopted under this Act. 
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/5-15)Sec. 5-15. Department of Financial and Professional Regulation.  The Department of Financial and Professional Regulation shall enforce the provisions of this Act relating to the oversight and registration of dispensing organizations and agents, including the issuance of identification cards for dispensing organization agents. The Department of Financial and Professional Regulation may suspend or revoke the license of, or otherwise  discipline dispensing organizations, principal officers, agents-in-charge, and agents for violations of this Act and any rules adopted under this Act.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/5-20)Sec. 5-20. Background checks.(a) Through the Illinois State Police, the licensing or issuing Department shall conduct a criminal history record check of the prospective principal officers, board members, and agents of a cannabis business establishment applying for a license or identification card under this Act.Each cannabis business establishment prospective principal officer, board member, or agent shall submit his or her fingerprints to the Illinois State Police in the form and manner prescribed by the Illinois State Police.Unless otherwise provided in this Act, such fingerprints shall be transmitted through a live scan fingerprint vendor licensed by the Department of Financial and Professional Regulation. These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Illinois State Police and Federal Bureau of Investigation criminal history records databases. The Illinois State Police shall charge a fee for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the State and national criminal history record check. The Illinois State Police shall furnish, pursuant to positive identification, all Illinois conviction information and shall forward the national criminal history record information to:(i) the Department of Agriculture, with respect to a     cultivation center, craft grower, infuser organization, or transporting organization; or(ii) the Department of Financial and Professional     Regulation, with respect to a dispensing organization.(b) When applying for the initial license or identification card, the background checks for all prospective principal officers, board members, and agents shall be completed before submitting the application to the licensing or issuing agency.(c) All applications for licensure under this Act by applicants with criminal convictions shall be subject to Sections 2105-131, 2105-135, and 2105-205 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-538, eff. 8-20-21.) (410 ILCS 705/5-25)Sec. 5-25. Department of Public Health to make health warning recommendations.(a) The Department of Public Health shall make recommendations to the Department of Agriculture and the Department of Financial and Professional Regulation on appropriate health warnings for dispensaries and advertising, which may apply to all cannabis products, including item-type specific labeling or warning requirements, regulate the facility where cannabis-infused products are made, regulate cannabis-infused products as provided in subsection (e) of Section 55-5, and facilitate the Adult Use Cannabis Health Advisory Committee.(b) An Adult Use Cannabis Health Advisory Committee is hereby created and shall meet at least twice annually. The Chairperson may schedule meetings more frequently upon his or her initiative or upon the request of a Committee member. Meetings may be held in person or by teleconference.  The Committee shall discuss and monitor changes in drug use  data in Illinois and the emerging science and medical information relevant to the health effects associated with cannabis use and may provide recommendations to the Department of Human Services about public health awareness campaigns and messages. The Committee shall include the following members appointed by the Governor and shall represent the geographic, ethnic, and racial diversity of the State:(1) The Director of Public Health, or his or her     designee, who shall serve as the Chairperson.(2) The Secretary of Human Services, or his or her     designee, who shall serve as the Co-Chairperson.(3) A representative of the poison control center.(4) A pharmacologist.(5) A pulmonologist.(6) An emergency room physician.(7) An emergency medical technician, paramedic,     emergency medical dispatcher, or other first responder.(8) A nurse practicing in a school-based setting.(9) A psychologist.(10) A neonatologist.(11) An obstetrician-gynecologist.(12) A drug epidemiologist.(13) A medical toxicologist.(14) An addiction psychiatrist.(15) A pediatrician.(16) A representative of a statewide professional     public health organization.(17) A representative of a statewide hospital/health     system association.(18)  An individual registered as a patient in the     Compassionate Use of Medical Cannabis Program.(19) An individual registered as a caregiver in the     Compassionate Use of Medical Cannabis Program.(20) A representative of an organization focusing on     cannabis-related policy.(21) A representative of an organization focusing on     the civil liberties of individuals who reside in Illinois.(22) A representative of the criminal defense or     civil aid community of attorneys serving Disproportionately Impacted Areas.(23) A representative of licensed cannabis business     establishments.(24) A Social Equity Applicant.(25) A representative of a statewide community-based     substance use disorder treatment provider association.(26) A representative of a statewide community-based     mental health treatment provider association.(27) A representative of a community-based substance     use disorder treatment provider.(28) A representative of a community-based mental     health treatment provider.(29) A substance use disorder treatment patient     representative.(30) A mental health treatment patient representative.(c) The Committee shall provide a report by September 30, 2021, and every year thereafter, to the General Assembly. The Department of Public Health shall make the report available on its website.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-1006, eff. 1-1-23.) (410 ILCS 705/5-30)Sec. 5-30.  Department of Human Services.  The Department of Human Services shall identify evidence-based programs for preventive mental health, the prevention or treatment of alcohol abuse, tobacco use, illegal drug use (including prescription drugs), and cannabis use by pregnant women, and make policy recommendations, as appropriate, to the Adult Use Cannabis Health Advisory Committee. The Department of Human Services shall develop and disseminate educational materials for purchasers based on recommendations received from the Department of Public Health and the Adult Use Cannabis Health Advisory Committee.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/5-45)Sec. 5-45. Illinois Cannabis Regulation Oversight Officer.(a) The position of Illinois Cannabis Regulation Oversight Officer is created within the Department of Financial and Professional Regulation  under the Secretary of Financial and Professional Regulation. The Cannabis Regulation Oversight Officer serves a coordinating role among State agencies regarding this Act and the Compassionate Use of Medical Cannabis Program Act. The Illinois Cannabis Regulation Oversight Officer shall be appointed by the Governor with the advice and consent of the Senate. The term of office of the Officer shall expire on the third Monday of January in odd-numbered years provided that he or she shall hold office until a successor is appointed and qualified. In case of vacancy in office during the recess of the Senate, the Governor shall make a temporary appointment until the next meeting of the Senate, when the Governor shall nominate some person to fill the office, and any person so nominated who is confirmed by the Senate shall hold office during the remainder of the term and until his or her successor is appointed and qualified.(b) The Illinois Cannabis Regulation Oversight Officer has the authority to:(1) maintain a staff;(2) make recommendations for administrative and     statutory changes;(3) collect data both in Illinois and outside     Illinois regarding the regulation of cannabis;(4) compile or assist in the compilation of any     reports required by this Act;(5) ensure the coordination of efforts between     various State agencies involved in regulating and taxing the sale of cannabis in Illinois; and(6) encourage, promote, suggest, and report best     practices for ensuring diversity in the cannabis industry in Illinois.(c) The Illinois Cannabis Regulation Oversight Officer and the Officer's staff shall not:(1) participate in the issuance or award of any     cannabis business establishment license; or(2) participate in discipline related to any cannabis     business establishment.The Illinois Cannabis Regulation Officer is not prohibited from coordinating with and making recommendations to agencies regarding licensing and disciplinary policies and procedures.(d) Any funding required for the Illinois Cannabis Regulation Oversight Officer, its staff, or its activities shall be drawn from the Cannabis Regulation Fund.(e) The Illinois Cannabis Regulation Oversight Officer shall commission and publish one or more disparity and availability studies that: (1) evaluates whether there exists discrimination in the State's cannabis industry; and  (2) if so, evaluates the impact of such discrimination on the State and includes recommendations to the Department of Financial and Professional Regulation and the Department of Agriculture for reducing or eliminating any identified barriers to entry in the cannabis market. Such disparity and availability studies shall examine each license type issued pursuant to  Sections 15-25, 15-30.1, or 15-35.20, subsection (a) of Section 30-5, or subsection (a) of Section 35-5, and shall be initiated within 180 days from the issuance of the first of each license authorized by those Sections. The results of each disparity and availability study shall be reported to the General Assembly and the Governor no later than 12 months after the commission of each study.The Illinois Cannabis Regulation Oversight Officer shall forward a copy of its findings and recommendations to the Department of Financial and Professional Regulation, the Department of Agriculture, the Department of Commerce and Economic Opportunity, the General Assembly, and the Governor.(f) The Illinois Cannabis Regulation Oversight Officer may compile, collect, or otherwise gather data necessary for the administration of this Act and to carry out the Officer's duty relating to the recommendation of policy changes. The Illinois Cannabis Regulation Oversight Officer may direct the Department of Agriculture, Department of Financial and Professional Regulation, Department of Public Health, Department of Human Services, and Department of Commerce and Economic Opportunity to assist in the compilation, collection, and  data gathering authorized pursuant to this subsection. The Illinois Cannabis Regulation Oversight Officer shall compile all of the data into a single report and submit the report to the Governor and the General Assembly and publish the report on its website. 
(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21.)
(410 ILCS 705/Art. 50 heading) 
Article 50.Laboratory Testing
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/50-5)Sec. 50-5.  Laboratory testing.(a) Notwithstanding any other provision of law, the following acts, when performed by a cannabis testing facility with a current, valid registration, or a person 21 years of age or older who is acting in his or her capacity as an owner, employee, or agent of a cannabis testing facility, are not unlawful and shall not be an offense under Illinois law or be a basis for seizure or forfeiture of assets under Illinois law:(1) possessing, repackaging, transporting, storing,     or displaying cannabis or cannabis-infused products;(2) receiving or transporting cannabis or     cannabis-infused products from a cannabis business establishment, a community college licensed under the Community College Cannabis Vocational Training Pilot Program, or a person 21 years of age or older; and(3) returning or transporting cannabis or     cannabis-infused products to a cannabis business establishment, a community college licensed under the Community College Cannabis Vocational Training Pilot Program,  or a person 21 years of age or older.(b)(1) No laboratory shall handle, test, or analyze cannabis unless approved by the Department of Agriculture in accordance with this Section.(2) No laboratory shall be approved to handle, test, or analyze cannabis unless the laboratory:(A) is accredited by a private laboratory accrediting     organization;(B) is independent from all other persons involved in     the cannabis industry in Illinois and no person with a direct or indirect interest in the laboratory has a direct or indirect financial, management, or other interest in an Illinois cultivation center, craft grower, dispensary, infuser, transporter, certifying physician, or any other entity in the State that may benefit from the production, manufacture, dispensing, sale, purchase, or use of cannabis; and(C) has employed at least one person to oversee and     be responsible for the laboratory testing who has earned, from a college or university accredited by a national or regional certifying authority, at least:(i) a master's level degree in chemical or         biological sciences and a minimum of 2 years' post-degree laboratory experience; or(ii) a bachelor's degree in chemical or         biological sciences and a minimum of 4 years' post-degree laboratory experience.(3) Each independent testing laboratory that claims to be accredited must provide the Department of Agriculture with a copy of the most recent annual inspection report granting accreditation and every annual report thereafter.(c) Immediately before manufacturing or natural processing of any cannabis or cannabis-infused product or packaging cannabis for sale to a dispensary, each batch shall be made available by the cultivation center, craft grower, or infuser for an employee of an approved laboratory to select a random sample, which shall be tested by the approved laboratory for:(1) microbiological contaminants;(2) mycotoxins;(3) pesticide active ingredients;(4) residual solvent; and(5) an active ingredient analysis.(d) The Department of Agriculture may select a random sample that shall, for the purposes of conducting an active ingredient analysis, be tested by the Department of Agriculture for verification of label information.(e) A laboratory shall immediately return or dispose of any cannabis upon the completion of any testing, use, or research. If cannabis is disposed of, it shall be done in compliance with Department of Agriculture rule.(f) If a sample of cannabis does not pass the microbiological, mycotoxin, pesticide chemical residue, or solvent residue test, based on the standards established by the Department of Agriculture, the following shall apply:(1) If the sample failed the pesticide chemical     residue test, the entire batch from which the sample was taken shall, if applicable, be recalled as provided by rule.(2) If the sample failed any other test, the batch     may be used to make a CO2-based or solvent based extract. After processing, the CO2-based or solvent based extract must still pass all required tests.(g) The Department of Agriculture shall establish standards for microbial, mycotoxin, pesticide residue, solvent residue, or other standards for the presence of possible contaminants, in addition to labeling requirements for contents and potency.(h) The laboratory shall file with the Department of Agriculture an electronic copy of each laboratory test result for any batch that does not pass the microbiological, mycotoxin, or pesticide chemical residue test, at the same time that it transmits those results to the cultivation center. In addition, the laboratory shall maintain the laboratory test results for at least 5 years and make them available at the Department of Agriculture's request.(i) A cultivation center, craft grower, and infuser shall provide to a dispensing organization the laboratory test results for each batch of cannabis product purchased by the dispensing organization, if sampled. Each dispensing organization must have those laboratory results available upon request to purchasers.(j) The Department of Agriculture may adopt rules related to testing in furtherance of this Act.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/Art. 55 heading) 
Article 55.General Provisions
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/55-5)Sec. 55-5. Preparation of cannabis-infused products.(a) The Department of Agriculture may regulate the production of cannabis-infused products by a cultivation center, a craft grower, an infuser organization, or a dispensing organization and establish rules related to refrigeration, hot-holding, and handling of cannabis-infused products. All cannabis-infused products shall meet the packaging and labeling requirements contained in Section 55-21.(b) Cannabis-infused products for sale or distribution at a dispensing organization must be prepared by an approved agent of a cultivation center or infuser organization.(c) A cultivation center or infuser organization that prepares cannabis-infused products for sale or distribution by a dispensing organization shall be under the operational supervision of a Department of Public Health certified food service sanitation manager.(d) Dispensing organizations may not manufacture, process, or produce cannabis-infused products.(e) The Department of Public Health shall adopt and enforce rules for the manufacture and processing of cannabis-infused products, and for that purpose it may at all times enter every building, room, basement, enclosure, or premises occupied or used, or suspected of being occupied or used, for the production, preparation, manufacture for sale, storage, sale, processing, distribution, or transportation of cannabis-infused products, and to inspect the premises together with all utensils, fixtures, furniture, and machinery used for the preparation of these products.(f) The Department of Agriculture shall by rule establish a maximum level of THC that may be contained in each serving of cannabis-infused product, and within the product package.(g) If a local public health agency has a reasonable belief that a cannabis-infused product poses a public health hazard, it may refer the cultivation center, craft grower, or infuser that manufactured or processed the cannabis-infused product to the Department of Public Health. If the Department of Public Health finds that a cannabis-infused product poses a health hazard, it may bring an action for immediate injunctive relief to require that action be taken as the court may deem necessary to meet the hazard of the cultivation facility or seek other relief as provided by rule.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/55-10)Sec. 55-10. Maintenance of inventory.  All dispensing organizations authorized to serve both registered qualifying patients and caregivers and purchasers are required to report which cannabis and cannabis-infused products are purchased for sale under the Compassionate Use of Medical Cannabis Program Act, and which cannabis and cannabis-infused products are purchased under this Act. Nothing in this Section prohibits a registered qualifying patient under the Compassionate Use of Medical Cannabis Program Act from purchasing cannabis as a purchaser under this Act.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/55-15)Sec. 55-15. Destruction of cannabis.(a) All cannabis byproduct, scrap, and harvested cannabis not intended for distribution to a dispensing organization must be destroyed and disposed of under rules adopted by the   Department of Agriculture under this Act. Documentation of destruction and disposal shall be retained at the cultivation center, craft grower, infuser organization, transporter, or testing facility as applicable for a period of not less than 5 years.(b) A cultivation center, craft grower, or infuser organization shall, before destruction, notify the Department of Agriculture and the Illinois State Police. A dispensing organization shall, before destruction, notify the Department of Financial and Professional Regulation and the Illinois State Police. The Department of Agriculture may by rule require that an employee of the Department of Agriculture or the Department of Financial and Professional Regulation be present during the destruction of any cannabis byproduct, scrap, and harvested cannabis, as applicable.(c) The cultivation center, craft grower, infuser organization, or dispensing organization shall keep a record of the date of destruction and how much was destroyed.(d) A dispensing organization shall destroy all cannabis, including cannabis-infused products, not sold to purchasers. Documentation of destruction and disposal shall be retained at the dispensing organization for a period of not less than 5 years.
(Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.) (410 ILCS 705/55-20)Sec. 55-20. Advertising and promotions.(a) No cannabis business establishment nor any other person or entity shall engage in advertising that contains any statement or illustration that:(1) is false or misleading;(2) promotes overconsumption of cannabis or cannabis     products;(3) depicts the actual consumption of cannabis or     cannabis products;(4) depicts a person under 21 years of age consuming     cannabis;(5) makes any health, medicinal, or therapeutic     claims about cannabis or cannabis-infused products;(6) includes the image of a cannabis leaf or bud; or(7) includes any image designed or likely to appeal     to minors, including cartoons, toys, animals, or children, or any other likeness to images, characters, or phrases that is designed in any manner to be appealing to or encourage consumption by persons under 21 years of age.(b) No cannabis business establishment nor any other person or entity shall place or maintain, or cause to be placed or maintained, an advertisement of cannabis or a cannabis-infused product in any form or through any medium:(1) within 1,000 feet of the perimeter of school     grounds, a playground, a recreation center or facility, a child care center, a public park or public library, or a game arcade to which admission is not restricted to persons 21 years of age or older;(2) on or in a public transit vehicle or public     transit shelter;(3) on or in publicly owned or publicly operated     property; or(4) that contains information that:(A) is false or misleading;(B) promotes excessive consumption;(C) depicts a person under 21 years of age         consuming cannabis;(D) includes the image of a cannabis leaf; or(E) includes any image designed or likely to         appeal to minors, including cartoons, toys, animals, or children, or any other likeness to images, characters, or phrases that are popularly used to advertise to children, or any imitation of candy packaging or labeling, or that promotes consumption of cannabis.(c) Subsections (a) and (b) do not apply to an educational message.(d) Sales promotions.  No cannabis business establishment nor any other person or entity may encourage the sale of cannabis or cannabis products by giving away cannabis or cannabis products, by conducting  games or competitions related to the consumption of cannabis or cannabis products, or by providing promotional materials or activities of a manner or type that would be appealing to children.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/55-21)Sec. 55-21. Cannabis product packaging and labeling.(a) Each cannabis product produced for sale shall be registered with the Department of Agriculture on forms provided by the Department of Agriculture. Each product registration shall include a label and the required registration fee at the rate established by the Department of Agriculture for a comparable medical cannabis product, or as established by rule.  The registration fee is for the name of the product offered for sale and one fee shall be sufficient for all package sizes.(b) All harvested cannabis intended for distribution to a cannabis enterprise must be packaged in a sealed, labeled container.(c) Any product containing cannabis shall be sold in a sealed, odor-proof, and child-resistant cannabis container consistent with current standards, including the Consumer Product Safety Commission standards referenced by the Poison Prevention Act unless the sale is between or among a craft grower, infuser, or cultivation center.(d) All cannabis-infused products shall be individually wrapped or packaged at the original point of preparation. The packaging of the cannabis-infused product shall conform to the labeling requirements of the Illinois Food, Drug and Cosmetic Act, in addition to the other requirements set forth in this Section.(e) Each cannabis product shall be labeled before sale and each label shall be securely affixed to the package and shall state in legible English and any languages required by the Department of Agriculture:(1) the name and post office box of the registered     cultivation center or craft grower where the item was manufactured;(2) the common or usual name of the item and the     registered name of the cannabis product that was registered with the Department of Agriculture under subsection (a);(3) a unique serial number that will match the     product with a cultivation center or craft grower batch and lot number to facilitate any warnings or recalls the Department of Agriculture, cultivation center, or craft grower deems appropriate;(4) the date of final testing and packaging, if     sampled, and the identification of the independent testing laboratory;(5) the date of harvest and "use by" date;(6) the quantity (in ounces or grams) of cannabis     contained in the product;(7) a pass/fail rating based on the laboratory's     microbiological, mycotoxins, and pesticide and solvent residue analyses, if sampled;(8) content list.(A) A list of the following, including the         minimum and maximum percentage content by weight for subdivisions (e)(8)(A)(i) through (iv):(i) delta-9-tetrahydrocannabinol (THC);(ii) tetrahydrocannabinolic acid (THCA);(iii) cannabidiol (CBD);(iv) cannabidiolic acid (CBDA); and(v) all other ingredients of the item,             including any colors, artificial flavors, and preservatives, listed in descending order by predominance of weight shown with common or usual names.(B) The acceptable tolerances for the minimum         percentage printed on the label for any of subdivisions (e)(8)(A)(i) through (iv) shall not be below 85% or above 115% of the labeled amount.(f) Packaging must not contain information that:(1) is false or misleading;(2) promotes excessive consumption;(3) depicts a person under 21 years of age consuming     cannabis;(4) includes the image of a cannabis leaf;(5) includes any image designed or likely to appeal     to minors, including cartoons, toys, animals, or children, or any other likeness to images, characters, or phrases that are popularly used to advertise to children, or any packaging or labeling that bears reasonable resemblance to any product available for consumption as a commercially available candy, or that promotes consumption of cannabis;(6) contains any seal, flag, crest, coat of arms, or     other insignia likely to mislead the purchaser to believe that the product has been endorsed, made, or used by the State of Illinois or any of its representatives except where authorized by this Act.(g) Cannabis products produced by concentrating or extracting ingredients from the cannabis plant shall contain the following information, where applicable:(1) If solvents were used to create the concentrate     or extract, a statement that discloses the type of extraction method, including any solvents or gases used to create the concentrate or extract; and(2) Any other chemicals or compounds used to produce     or were added to the concentrate or extract.(h) All cannabis products must contain warning statements established for purchasers, of a size that is legible and readily visible to a consumer inspecting a package, which may not be covered or obscured in any way. The Department of Public Health shall define and update appropriate health warnings for packages including specific labeling or warning requirements for specific cannabis products.(i) Unless modified by rule to strengthen or respond to new evidence and science, the following warnings shall apply to all cannabis products unless modified by rule: "This product contains cannabis and is intended for use by adults 21 and over. Its use can impair cognition and may be habit forming. This product should not be used by pregnant or breastfeeding women. It is unlawful to sell or provide this item to any individual, and it may not be transported outside the State of Illinois. It is illegal to operate a motor vehicle while under the influence of cannabis. Possession or use of this product may carry significant legal penalties in some jurisdictions and under federal law.".(j) Warnings for each of the following product types must be present on labels when offered for sale to a purchaser:(1) Cannabis that may be smoked must contain a     statement that "Smoking is hazardous to your health.".(2) Cannabis-infused products (other than those     intended for topical application) must contain a statement "CAUTION: This product contains cannabis, and intoxication following use may be delayed 2 or more hours. This product was produced in a facility that cultivates cannabis, and that may also process common food allergens.".(3) Cannabis-infused products intended for topical     application must contain a statement "DO NOT EAT" in bold, capital letters.(k) Each cannabis-infused product intended for consumption must be individually packaged, must include the total milligram content of THC and CBD, and may not include more than a total of 100 milligrams of THC per package. A package may contain multiple servings of 10 milligrams of THC, indicated by scoring, wrapping, or by other indicators designating individual serving sizes. The Department of Agriculture may change the total amount of THC allowed for each package, or the total amount of THC allowed for each serving size, by rule.(l) No individual other than the purchaser may alter or destroy any labeling affixed to the primary packaging of cannabis or cannabis-infused products.(m) For each commercial weighing and measuring device used at a facility, the cultivation center or craft grower must:(1) Ensure that the commercial device is licensed     under the Weights and Measures Act and the associated administrative rules (8 Ill. Adm. Code 600);(2) Maintain documentation of the licensure of the     commercial device; and(3) Provide a copy of the license of the commercial     device to the Department of Agriculture for review upon request.(n) It is the responsibility of the Department to ensure that packaging and labeling requirements, including product warnings, are enforced at all times for products provided to purchasers. Product registration requirements and container requirements may be modified by rule by the Department of Agriculture.(o) Labeling, including warning labels, may be modified by rule by the Department of Agriculture.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-98, eff. 7-15-21.) (410 ILCS 705/55-25)Sec. 55-25. Local ordinances. Unless otherwise provided under this Act or otherwise in accordance with State law:(1) A unit of local government, including a home rule     unit or any non-home rule county within the unincorporated territory of the county, may enact reasonable zoning ordinances or resolutions, not in conflict with this Act or rules adopted pursuant to this Act, regulating cannabis business establishments. No unit of local government, including a home rule unit or any non-home rule county within the unincorporated territory of the county, may prohibit home cultivation or unreasonably prohibit use of cannabis authorized by this Act.(2) A unit of local government, including a home rule     unit or any non-home rule county within the unincorporated territory of the county, may enact ordinances or rules not in conflict with this Act or with rules adopted pursuant to this Act governing the time, place, manner, and number of cannabis business establishment operations, including minimum distance limitations between cannabis business establishments and locations it deems sensitive, including colleges and universities, through the use of conditional use permits. A unit of local government, including a home rule unit, may establish civil penalties for violation of an ordinance or rules governing the time, place, and manner of operation of a cannabis business establishment or a conditional use permit in the jurisdiction of the unit of local government. No unit of local government, including a home rule unit or non-home rule county within an unincorporated territory of the county, may unreasonably restrict the time, place, manner, and number of cannabis business establishment operations authorized by this Act.(3) A unit of local government, including a home rule     unit, or any non-home rule county within the unincorporated territory of the county may authorize or permit the on-premises consumption of cannabis at or in a dispensing organization  or retail tobacco store (as defined in Section 10 of the Smoke Free Illinois Act)  within its jurisdiction in a manner consistent with this Act. A dispensing organization   or retail tobacco store authorized or permitted by a unit of local government to allow on-site consumption shall not be deemed a public place within the meaning of the Smoke Free Illinois Act.(4) A unit of local government, including a home rule     unit or any non-home rule county within the unincorporated territory of the county, may not regulate the activities described in paragraph (1), (2), or (3) in a manner more restrictive than the regulation of those activities by the State under this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.(5) A unit of local government, including a home rule     unit or any non-home rule county within the unincorporated territory of the county, may enact ordinances to prohibit or significantly limit a cannabis business establishment's location.(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/55-28)Sec. 55-28. Restricted cannabis zones.(a) As used in this Section:"Legal voter" means a person:(1) who is duly registered to vote in a municipality     with a population of over 500,000;(2) whose name appears on a poll list compiled by the     city board of election commissioners since the last preceding election, regardless of whether the election was a primary, general, or special election;(3) who, at the relevant time, is a resident of the     address at which he or she is registered to vote; and(4) whose address, at the relevant time, is located     in the precinct where such person seeks to file a notice of intent to initiate a petition process, circulate a petition, or sign a petition under this Section.As used in the definition of "legal voter", "relevant time" means any time that:(i) a notice of intent is filed, pursuant to     subsection (c) of this Section, to initiate the petition process under this Section;(ii) the petition is circulated for signature in the     applicable precinct; or(iii) the petition is signed by registered voters in     the applicable precinct."Petition" means the petition described in this Section."Precinct" means the smallest constituent territory within a municipality with a population of over 500,000 in which electors vote as a unit at the same polling place in any election governed by the Election Code."Restricted cannabis zone" means a precinct within which home cultivation, one or more types of cannabis business establishments, or both has been prohibited pursuant to an ordinance initiated by a petition under this Section.(b) The legal voters of any precinct within a municipality with a population of over 500,000 may petition their local alderperson, using a petition form made available online by the city clerk, to introduce an ordinance establishing the precinct as a restricted zone. Such petition shall specify whether it seeks an ordinance to prohibit, within the precinct: (i) home cultivation; (ii) one or more types of cannabis business establishments; or (iii) home cultivation and one or more types of cannabis business establishments.Upon receiving a petition containing the signatures of at least 25% of the registered voters of the precinct, and concluding that the petition is legally sufficient following the posting and review process in subsection (c) of this Section, the city clerk shall notify the local alderperson of the ward in which the precinct is located. Upon being notified, that alderperson, following an assessment of relevant factors within the precinct, including, but not limited to, its geography, density and character, the prevalence of residentially zoned property, current licensed cannabis business establishments in the precinct, the current amount of home cultivation in the precinct, and the prevailing viewpoint with regard to the issue raised in the petition, may introduce an ordinance to the municipality's governing body creating a restricted cannabis zone in that precinct.(c) A person seeking to initiate the petition process described in this Section shall first submit to the city clerk notice of intent to do so, on a form made available online by the city clerk. That notice shall include a description of the potentially affected area and the scope of the restriction sought. The city clerk shall publicly post the submitted notice online.To be legally sufficient, a petition must contain the requisite number of valid signatures and all such signatures must be obtained within 90 days of the date that the city clerk publicly posts the notice of intent. Upon receipt, the city clerk shall post the petition on the municipality's website for a 30-day comment period. The city clerk is authorized to take all necessary and appropriate steps to verify the legal sufficiency of a submitted petition. Following the petition review and comment period, the city clerk shall publicly post online the status of the petition as accepted or rejected, and if rejected, the reasons therefor. If the city clerk rejects a petition as legally insufficient, a minimum of 12 months must elapse from the time the city clerk posts the rejection notice before a new notice of intent for that same precinct may be submitted.(c-5) Within 3 days after receiving an application for zoning approval to locate a cannabis business establishment within a municipality with a population of over 500,000, the municipality shall post a public notice of the filing on its website and notify the alderperson of the ward in which the proposed cannabis business establishment is to be located of the filing. No action shall be taken on the zoning application for 7 business days following the notice of the filing for zoning approval.If a notice of intent to initiate the petition process to prohibit the type of cannabis business establishment proposed in the precinct of the proposed cannabis business establishment is filed prior to the filing of the application or within the 7-day period after the filing of the application, the municipality shall not approve the application for at least 90 days after the city clerk publicly posts the notice of intent to initiate the petition process. If a petition is filed within the 90-day petition-gathering period described in subsection (c), the municipality shall not approve the application for an additional 90 days after the city clerk's receipt of the petition; provided that if the city clerk rejects a petition as legally insufficient, the municipality may approve the application prior to the end of the 90 days. If a petition is not submitted within the 90-day petition-gathering period described in subsection (c), the municipality may approve the application unless the approval is otherwise stayed pursuant to this subsection by a separate notice of intent to initiate the petition process filed timely within the 7-day period.If no legally sufficient petition is timely filed, a minimum of 12 months must elapse before a new notice of intent for that same precinct may be submitted.(d) Notwithstanding any law to the contrary, the municipality may enact an ordinance creating a restricted cannabis zone. The ordinance shall:(1) identify the applicable precinct boundaries as of     the date of the petition;(2) state whether the ordinance prohibits within the     defined boundaries of the precinct, and in what combination: (A) one or more types of cannabis business establishments; or (B) home cultivation;(3) be in effect for 4 years, unless repealed     earlier; and(4) once in effect, be subject to renewal by     ordinance at the expiration of the 4-year period without the need for another supporting petition.(e) An Early Approval Adult Use Dispensing Organization License permitted to relocate under subsection (b-5) of Section 15-15 shall not relocate to a restricted cannabis zone.(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-15, eff. 6-17-21; 102-98, eff. 7-15-21; 102-687, eff. 12-17-21.) (410 ILCS 705/55-30)Sec. 55-30. Confidentiality.(a) Information provided by the cannabis business establishment licensees or applicants to the Department of Agriculture, the Department of Public Health, the Department of Financial and Professional Regulation, the Department of Commerce and Economic Opportunity, or other agency shall be limited to information necessary for the purposes of administering this Act. The information is subject to the provisions and limitations contained in the Freedom of Information Act and may be disclosed in accordance with Section 55-65.(b) The following information received and records kept by the Department of Agriculture, the Department of Public Health, the Illinois State Police, and the Department of Financial and Professional Regulation for purposes of administering this Article are subject to all applicable federal privacy laws, are confidential and exempt from disclosure under the Freedom of Information Act, except as provided in this Act, and not subject to disclosure to any individual or public or private entity, except to the Department of Financial and Professional Regulation, the Department of Agriculture, the Department of Public Health, and the Illinois State Police as necessary to perform official duties under this Article and to the Attorney General as necessary to enforce the provisions of this Act. The following information received and kept by the Department of Financial and Professional Regulation or the Department of Agriculture may be disclosed to the Department of Public Health, the Department of Agriculture, the Department of Revenue,  the Illinois State Police, or the Attorney General upon proper request:(1) Applications and renewals, their contents, and     supporting information submitted by or on behalf of dispensing organizations, cannabis business establishments, or Community College Cannabis Vocational Program licensees, in compliance with this Article, including their physical addresses; however, this does not preclude the release of ownership information about cannabis business establishment licenses, or information submitted with an application required to be disclosed pursuant to subsection (f);(2) Any plans, procedures, policies, or other records     relating to cannabis business establishment security; and(3) Information otherwise exempt from disclosure by     State or federal law.Illinois or national criminal history record information, or the nonexistence or lack of such information, may not be disclosed by the Department of Financial and Professional Regulation or the Department of Agriculture, except as necessary to the Attorney General to enforce this Act.(c) The name and address of a dispensing organization licensed under this Act shall be subject to disclosure under the Freedom of Information Act. The name and cannabis business establishment address of the person or entity holding each cannabis business establishment license shall be subject to disclosure.(d) All information collected by the Department of Financial and Professional Regulation or the Department of Agriculture in the course of an examination, inspection, or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee or applicant filed with the Department of Financial and Professional Regulation or the Department of Agriculture and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department of Financial and Professional Regulation or the Department of Agriculture and shall not be disclosed, except as otherwise provided in this Act. A formal complaint against a licensee by the Department of Financial and Professional Regulation or the Department of Agriculture or any disciplinary order issued by the Department of Financial and Professional Regulation or the Department of Agriculture against a licensee or applicant shall be a public record, except as otherwise provided by law. Complaints from consumers or members of the general public received regarding a specific, named licensee or complaints regarding conduct by unlicensed entities shall be subject to disclosure under the Freedom of Information Act.(e) The Department of Agriculture, the Illinois State Police, and the Department of Financial and Professional Regulation shall not share or disclose any Illinois or national criminal history record information, or the nonexistence or lack of such information, to any person or entity not expressly authorized by this Act.(f) Each Department responsible for licensure under this Act shall publish on the Department's website a list of the ownership information of cannabis business establishment licensees under the Department's jurisdiction. The list shall include, but is not limited to: the name of the person or entity holding each cannabis business establishment license; and the address at which the entity is operating under this Act. This list shall be published and updated monthly.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) (410 ILCS 705/55-35)Sec. 55-35. Administrative rulemaking.(a) No later than 180 days after the effective date of this Act, the Department of Agriculture, the Illinois State Police, the Department of Financial and Professional Regulation, the Department of Revenue, the Department of Commerce and Economic Opportunity, and the Treasurer's Office shall adopt permanent rules in accordance with their responsibilities under this Act. The Department of Agriculture, the Illinois State Police, the Department of Financial and Professional Regulation, the Department of Revenue, and the Department of Commerce and Economic Opportunity may adopt rules necessary to regulate personal cannabis use through the use of emergency rulemaking in accordance with subsection (gg) of Section 5-45 of the Illinois Administrative Procedure Act. The General Assembly finds that the adoption of rules to regulate cannabis use is deemed an emergency and necessary for the public interest, safety, and welfare.(b) The Department of Agriculture rules may address, but are not limited to, the following matters related to cultivation centers, craft growers, infuser organizations, and transporting organizations with the goal of protecting against diversion and theft, without imposing an undue burden on the cultivation centers, craft growers, infuser organizations, or transporting organizations:(1) oversight requirements for cultivation centers,     craft growers, infuser organizations, and transporting organizations;(2) recordkeeping requirements for cultivation     centers, craft growers, infuser organizations, and transporting organizations;(3) security requirements for cultivation centers,     craft growers, infuser organizations, and transporting organizations, which shall include that each cultivation center, craft grower, infuser organization, and transporting organization location must be protected by a fully operational security alarm system;(4) standards for enclosed, locked facilities under     this Act;(5) procedures for suspending or revoking the     identification cards of agents of cultivation centers, craft growers, infuser organizations, and transporting organizations that commit violations of this Act or the rules adopted under this Section;(6) rules concerning the intrastate transportation of     cannabis from a cultivation center, craft grower, infuser organization, and transporting organization to a dispensing organization;(7) standards concerning the testing, quality,     cultivation, and processing of cannabis; and(8) any other matters under oversight by the     Department of Agriculture as are necessary for the fair, impartial, stringent, and comprehensive administration of this Act.(c) The Department of Financial and Professional Regulation rules may address, but are not limited to, the following matters related to dispensing organizations, with the goal of protecting against diversion and theft, without imposing an undue burden on the dispensing organizations:(1) oversight requirements for dispensing     organizations;(2) recordkeeping requirements for dispensing     organizations;(3) security requirements for dispensing     organizations, which shall include that each dispensing organization location must be protected by a fully operational security alarm system;(4) procedures for suspending or revoking the     licenses of dispensing organization agents that commit violations of this Act or the rules adopted under this Act;(5) any other matters under oversight by the     Department of Financial and Professional Regulation that are necessary for the fair, impartial, stringent, and comprehensive administration of this Act.(d) The Department of Revenue rules may address, but are not limited to, the following matters related to the payment of taxes by cannabis business establishments:(1) recording of sales;(2) documentation of taxable income and expenses;(3) transfer of funds for the payment of taxes; or(4) any other matter under the oversight of the     Department of Revenue.(e) The Department of Commerce and Economic Opportunity rules may address, but are not limited to, a loan program or grant program to assist Social Equity Applicants access the capital needed to start a cannabis business establishment. The names of recipients and the amounts of any moneys received through a loan program or grant program shall be a public record.(f) The Illinois State Police rules may address enforcement of its authority under this Act. The Illinois State Police shall not make rules that infringe on the exclusive authority of the Department of Financial and Professional Regulation or the Department of Agriculture over licensees under this Act.(g) The Department of Human Services shall develop and disseminate:(1) educational information about the health risks     associated with the use of cannabis; and(2) one or more public education campaigns in     coordination with local health departments and community organizations, including one or more prevention campaigns directed at children, adolescents, parents, and pregnant or breastfeeding women, to inform them of the potential health risks associated with intentional or unintentional cannabis use. (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-538, eff. 8-20-21.) (410 ILCS 705/55-40)Sec. 55-40. Enforcement.(a) If the Department of Agriculture, Illinois State Police, Department of Financial and Professional Regulation, Department of Commerce and Economic Opportunity, or Department of Revenue fails to adopt rules to implement this Act within the times provided in this Act, any citizen may commence a mandamus action in the circuit court to compel the agencies to perform the actions mandated under Section 55-35.(b) If the Department of Agriculture or the Department of Financial and Professional Regulation fails to issue a valid agent identification card in response to a valid initial application or renewal application submitted under this Act or fails to issue a verbal or written notice of denial of the application within 30 days of its submission, the agent identification card is deemed granted and a copy of the agent identification initial application or renewal application shall be deemed a valid agent identification card.(c) Authorized employees of State or local law enforcement agencies shall immediately notify the  Department of Agriculture and the Department of Financial and Professional Regulation when any person in possession of an agent identification card has been convicted of or pled guilty to violating this Act.
(Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.) (410 ILCS 705/55-45)Sec. 55-45. Administrative hearings.(a) Administrative hearings related to the duties and responsibilities assigned to the Department of Public Health shall be conducted under the Department of Public Health's rules governing administrative hearings.(b) Administrative hearings related to the duties and responsibilities assigned to the Department of Financial and Professional Regulation and dispensing organization agents shall be conducted under the Department of Financial and Professional Regulation's rules governing administrative hearings.(c) Administrative hearings related to the duties and responsibilities assigned to the Department of Agriculture, cultivation centers, or cultivation center agents shall be conducted under the Department of Agriculture's rules governing administrative hearings.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/55-50)Sec. 55-50. Petition for rehearing.  Within 20 days after the service of any order or decision of the Department of Public Health, the Department of Agriculture, the Department of Financial and Professional Regulation, or the Illinois State Police upon any party to the proceeding, the party may apply for a rehearing in respect to any matters determined by them under this Act, except for decisions made under the Cannabis Cultivation Privilege Tax Law, the Cannabis Purchaser Excise Tax Law, the County Cannabis Retailers' Occupation Tax Law, and the Municipal Cannabis Retailers' Occupation Tax Law, which shall be governed by the provisions of those Laws. If a rehearing is granted, an agency shall hold the rehearing and render a decision within 30 days from the filing of the application for rehearing with the agency. The time for holding such rehearing and rendering a decision may be extended for a period not to exceed 30 days, for good cause shown, and by notice in writing to all parties of interest. If an agency fails to act on the application for rehearing within 30 days, or the date the time for rendering a decision was extended for good cause shown, the order or decision of the agency is final. No action for the judicial review of any order or decision of an agency shall be allowed unless the party commencing such action has first filed an application for a rehearing and the agency has acted or failed to act upon the application. Only one rehearing may be granted by an agency on application of any one party.
(Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.) (410 ILCS 705/55-55)Sec. 55-55. Review of administrative decisions.  All final administrative decisions of the Department of Public Health, the Department of Agriculture, the Department of Financial and Professional Regulation, and the Illinois State Police are subject to judicial review under the Administrative Review Law and the rules adopted under that Law. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.) (410 ILCS 705/55-60)Sec. 55-60. Suspension or revocation of a license.(a) The Department of Financial and Professional Regulation or the Department of Agriculture may suspend or revoke a license for a violation of this Act or a rule adopted in accordance with this Act by the Department of Agriculture and the Department of Financial and Professional Regulation.(b) The Department of Agriculture and the Department of Financial and Professional Regulation may suspend or revoke an agent identification card for a violation of this Act or a rule adopted in accordance with this Act.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/55-65)Sec. 55-65. Financial institutions.(a) A financial institution that provides financial services customarily provided by financial institutions to a cannabis business establishment authorized under this Act or the Compassionate Use of Medical Cannabis Program Act, or to a person that is affiliated with such cannabis business establishment, is exempt from any criminal law of this State as it relates to cannabis-related conduct authorized under State law.(b) Upon request of a financial institution, a cannabis business establishment or proposed cannabis business establishment may provide to the financial institution the following information:(1) Whether a cannabis business establishment with     which the financial institution is doing or is considering doing business holds a license under this Act or the Compassionate Use of Medical Cannabis Program Act;(2) The name of any other business or individual     affiliate with the cannabis business establishment;(3) A copy of the application, and any supporting     documentation submitted with the application, for a license or a permit submitted on behalf of the proposed cannabis business establishment;(4) If applicable, data relating to sales and the     volume of product sold by the cannabis business establishment;(5) Any past or pending violation by the person of     this Act, the Compassionate Use of Medical Cannabis Program Act, or the rules adopted under these Acts where applicable; and(6) Any penalty imposed upon the person for violating     this Act, the Compassionate Use of Medical Cannabis Program Act, or the rules adopted under these Acts.(c) (Blank).(d) (Blank).(e) Information received by a financial institution under this Section is confidential. Except as otherwise required or permitted by this Act, State law or rule, or federal law or regulation, a financial institution may not make the information available to any person other than:(1) the customer to whom the information applies;(2) a trustee, conservator, guardian, personal     representative, or agent of the customer to whom the information applies; a federal or State regulator when requested in connection with an examination of the financial institution or if otherwise necessary for complying with federal or State law;(3) a federal or State regulator when requested in     connection with an examination of the financial institution or if otherwise necessary for complying with federal or State law; and(4) a third party performing services for the     financial institution, provided the third party is performing such services under a written agreement that expressly or by operation of law prohibits the third party's sharing and use of such confidential information for any purpose other than as provided in its agreement to provide services to the financial institution.(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/55-75)Sec. 55-75. Contracts enforceable.  It is the public policy of this State that contracts related to the operation of a lawful cannabis business establishment under this Act are enforceable. It is the public policy of this State that no contract entered into by a lawful cannabis business establishment or its agents on behalf of a cannabis business establishment, or by those who allow property to be used by a cannabis business establishment, shall be unenforceable on the basis that cultivating, obtaining, manufacturing, processing, distributing, dispensing, transporting, selling, possessing, or using cannabis or hemp is prohibited by federal law.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/55-80)Sec. 55-80. Annual reports.(a) The Department of Financial and Professional Regulation shall submit to the General Assembly and Governor a report, by September 30 of each year, that does not disclose any information identifying information about cultivation centers, craft growers, infuser organizations, transporting organizations, or dispensing organizations, but does contain, at a minimum, all of the following information for the previous fiscal year:(1) The number of licenses issued to dispensing     organizations by county, or, in counties with greater than 3,000,000 residents, by zip code;(2) The total number of dispensing organization     owners that are Social Equity Applicants or minority persons, women, or persons with disabilities as those terms are defined in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act;(3) The total number of revenues received from     dispensing organizations, segregated from revenues received from dispensing organizations under the Compassionate Use of Medical Cannabis Program Act by county, separated by source of revenue;(4) The total amount of revenue received from     dispensing organizations that share a premises or majority ownership with a craft grower;(5) The total amount of revenue received from     dispensing organizations that share a premises or majority ownership with an infuser; and(6) An analysis of revenue generated from taxation,     licensing, and other fees for the State, including recommendations to change the tax rate applied.(b) The Department of Agriculture shall submit to the General Assembly and Governor a report, by September 30 of each year, that does not disclose any information identifying information about cultivation centers, craft growers, infuser organizations, transporting organizations, or dispensing organizations, but does contain, at a minimum, all of the following information for the previous fiscal year:(1) The number of licenses issued to cultivation     centers, craft growers, infusers, and transporters by license type, and, in counties with more than 3,000,000 residents, by zip code;(2) The total number of cultivation centers, craft     growers, infusers, and transporters by license type that are Social Equity Applicants or minority persons, women, or persons with disabilities as those terms are defined in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act;(3) The total amount of revenue received from     cultivation centers, craft growers, infusers, and transporters, separated by license types and source of revenue;(4) The total amount of revenue received from craft     growers and infusers that share a premises or majority ownership with a dispensing organization;(5) The total amount of revenue received from craft     growers that share a premises or majority ownership with an infuser, but do not share a premises or ownership with a dispensary;(6) The total amount of revenue received from     infusers that share a premises or majority ownership with a craft grower, but do not share a premises or ownership with a dispensary;(7) The total amount of revenue received from craft     growers that share a premises or majority ownership with a dispensing organization, but do not share a premises or ownership with an infuser;(8) The total amount of revenue received from     infusers that share a premises or majority ownership with a dispensing organization, but do not share a premises or ownership with a craft grower;(9) The total amount of revenue received from     transporters; and(10) An analysis of revenue generated from taxation,     licensing, and other fees for the State, including recommendations to change the tax rate applied.(c) The Illinois State Police shall submit to the General Assembly and Governor a report, by September 30 of each year that contains, at a minimum, all of the following information for the previous fiscal year:(1) The effect of regulation and taxation of cannabis     on law enforcement resources;(2) The impact of regulation and taxation of cannabis     on highway and waterway safety and rates of impaired driving or operating, where impairment was determined based on failure of a field sobriety test;(3) The available and emerging methods for detecting     the metabolites for delta-9-tetrahydrocannabinol in bodily fluids, including, without limitation, blood and saliva;(4) The effectiveness of current DUI laws and     recommendations for improvements to policy to better ensure safe highways and fair laws.(d) The Adult Use Cannabis Health Advisory Committee shall submit to the General Assembly and Governor a report, by September 30 of each year, that does not disclose any identifying information about any individuals, but does contain, at a minimum:(1) Self-reported youth cannabis use, as published in     the most recent Illinois Youth Survey available;(2) Self-reported adult cannabis use, as published in     the most recent Behavioral Risk Factor Surveillance Survey available;(3)  Hospital room admissions and hospital     utilization rates caused by cannabis consumption, including the presence or detection of other drugs;(4)        Overdoses of cannabis and poison control     data, including the presence of other drugs that may have contributed;(5)        Incidents of impaired driving caused by     the consumption of cannabis or cannabis products, including the presence of other drugs or alcohol that may have contributed to the impaired driving;(6)         Prevalence of infants born testing     positive for cannabis or delta-9-tetrahydrocannabinol, including demographic and racial information on which infants are tested;(7) Public perceptions of use and risk of harm;(8) Revenue collected from cannabis taxation and how     that revenue was used;(9) Cannabis retail licenses granted and locations;(10) Cannabis-related arrests; and(11) The number of individuals completing required     bud tender training.(e) Each agency or committee submitting reports under this Section may consult with one another in the preparation of each report. 
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-538, eff. 8-20-21.) (410 ILCS 705/55-85)Sec. 55-85. Medical cannabis.(a) Nothing in this Act shall be construed to limit any privileges or rights of a medical cannabis patient including minor patients, primary caregiver, medical cannabis cultivation center, or medical cannabis dispensing organization under the Compassionate Use of Medical Cannabis Program Act, and where there is conflict between this Act and the Compassionate Use of Medical Cannabis Program Act as they relate to medical cannabis patients, the Compassionate Use of Medical Cannabis Program Act shall prevail.(b) Dispensary locations that obtain an Early Approval Adult Use Dispensary Organization License or an Adult Use Dispensary Organization License in accordance with this Act at the same location as a medical cannabis dispensing organization registered under the Compassionate Use of Medical Cannabis Program Act shall maintain an inventory of medical cannabis and medical cannabis products on a monthly basis that is substantially similar in variety and quantity to the products offered at the dispensary during the 6-month period immediately before the effective date of this Act.(c) Beginning June 30, 2020, the Department of Agriculture shall make a quarterly determination whether inventory requirements established for dispensaries in subsection (b) should be adjusted due to changing patient need.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/55-90)Sec. 55-90. Home rule preemption. Except as otherwise provided in this Act, the regulation and licensing of the activities described in this Act are exclusive powers and functions of the State. Except as otherwise provided in this Act, a unit of local government, including a home rule unit, may not regulate or license the activities described in this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/55-95)Sec. 55-95. Conflict of interest. A person is ineligible to apply for, hold, or own financial or voting interest, other than a passive interest in a publicly traded company,  in any cannabis business license under this Act if, within a 2-year period from the effective date of this Act, the person or his or her spouse or immediate family member was a member of the General Assembly or a State employee at an agency that regulates cannabis business establishment license holders who participated personally and substantially in the award of licenses under this Act. A person who violates this Section shall be guilty under subsection (b) of Section 50-5 of the State Officials and Employees Ethics Act.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/Art. 60 heading) 
Article 60.Cannabis Cultivation Privilege Tax
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/60-1)Sec. 60-1. Short title.  This Article may be referred to as the Cannabis Cultivation Privilege Tax Law.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/60-5)Sec. 60-5. Definitions.  In this Article:"Cannabis" has the meaning given to that term in Article 1 of this Act, except that it does not include cannabis that is subject to tax under the Compassionate Use of Medical Cannabis Program Act."Craft grower" has the meaning given to that term in Article 1 of this Act."Cultivation center" has the meaning given to that term in Article 1 of this Act."Cultivator" or "taxpayer" means a cultivation center or craft grower who is subject to tax under this Article."Department" means the Department of Revenue."Director" means the Director of Revenue."Dispensing organization" or "dispensary" has the meaning given to that term in Article 1 of this Act."Gross receipts" from the sales of cannabis by a cultivator means the total selling price or the amount of such sales, as defined in this Article. In the case of charges and time sales, the amount thereof shall be included only when payments are received by the cultivator."Person" means a natural individual, firm, partnership, association, joint stock company, joint adventure, public or private corporation, limited liability company, or a receiver, executor, trustee, guardian, or other representative appointed by order of any court."Infuser" means "infuser organization" or "infuser" as defined in Article 1 of this Act."Selling price" or "amount of sale" means the consideration for a sale valued in money whether received in money or otherwise, including cash, credits, property, and services, and shall be determined without any deduction on account of the cost of the property sold, the cost of materials used, labor or service cost, or any other expense whatsoever, but does not include separately stated charges identified on the invoice by cultivators to reimburse themselves for their tax liability under this Article.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/60-10)Sec. 60-10. Tax imposed.(a) Beginning September 1, 2019, a tax is imposed upon the privilege of cultivating cannabis at the rate of 7% of the gross receipts from the first sale of cannabis by a cultivator. The sale of any product that contains any amount of cannabis or any derivative thereof is subject to the tax under this Section on the full selling price of the product. The Department may determine the selling price of the cannabis when the seller and purchaser are affiliated persons, when the sale and purchase of cannabis is not an arm's length transaction, or when cannabis is transferred by a craft grower to the craft grower's dispensing organization or infuser or processing organization and a value is not established for the cannabis. The value determined by the Department shall be commensurate with the actual price received for products of like quality, character, and use in the area. If there are no sales of cannabis of like quality, character, and use in the same area, then the Department shall establish a reasonable value based on sales of products of like quality, character, and use in other areas of the State, taking into consideration any other relevant factors.(b) The Cannabis Cultivation Privilege Tax imposed under this Article is solely the responsibility of the cultivator who makes the first sale and is not the responsibility of a subsequent purchaser, a dispensing organization, or an infuser. Persons subject to the tax imposed under this Article may, however, reimburse themselves for their tax liability hereunder by separately stating reimbursement for their tax liability as an additional charge.(c) The tax imposed under this Article shall be in addition to all other occupation, privilege, or excise taxes imposed by the State of Illinois or by any unit of local government.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/60-15)Sec. 60-15. Registration of cultivators.  Every cultivator and craft grower subject to the tax under this Article shall apply to the Department of Revenue for a certificate of registration under this Article. All applications for registration under this Article shall be made by electronic means in the form and manner required by the Department.  For that purpose, the provisions of Section 2a of the Retailers' Occupation Tax Act are incorporated into this Article to the extent not inconsistent with this Article. In addition, no certificate of registration shall be issued under this Article unless the applicant is licensed under this Act.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/60-20)Sec. 60-20. Return and payment of cannabis cultivation privilege tax.  Each person who is required to pay the tax imposed by this Article shall make a return to the Department on or before the 20th day of each month for the preceding calendar month stating the following:(1) the taxpayer's name;(2) the address of the taxpayer's principal place of     business and the address of the principal place of business (if that is a different address) from which the taxpayer is engaged in the business of cultivating cannabis subject to tax under this Article;(3) the total amount of receipts received by the     taxpayer during the preceding calendar month from sales of cannabis subject to tax under this Article by the taxpayer during the preceding calendar month;(4) the total amount received by the taxpayer during     the preceding calendar month on charge and time sales of cannabis subject to tax imposed under this Article by the taxpayer before the month for which the return is filed;(5) deductions allowed by law;(6) gross receipts that were received by the taxpayer     during the preceding calendar month and upon the basis of which the tax is imposed;(7) the amount of tax due;(8) the signature of the taxpayer; and(9) any other information as the Department may     reasonably require.All returns required to be filed and payments required to be made under this Article shall be by electronic means. Taxpayers who demonstrate hardship in paying electronically may petition the Department to waive the electronic payment requirement. The Department may require a separate return for the tax under this Article or combine the return for the tax under this Article with the return for the tax under the Compassionate Use of Medical Cannabis Program Act. If the return for the tax under this Article is combined with the return for tax under the Compassionate Use of Medical Cannabis Program Act, then the vendor's discount allowed under this Section and any cap on that discount shall apply to the combined return. The taxpayer making the return provided for in this Section shall also pay to the Department, in accordance with this Section, the amount of tax imposed by this Article, less a discount of 1.75%, but not to exceed $1,000 per return period, which is allowed to reimburse the taxpayer for the expenses incurred in keeping records, collecting tax, preparing and filing returns, remitting the tax, and supplying data to the Department upon request. No discount may be claimed by a taxpayer on returns not timely filed and for taxes not timely remitted. No discount may be claimed by a taxpayer for any return that is not filed electronically. No discount may be claimed by a taxpayer for any payment that is not made electronically, unless a waiver has been granted under this Section. Any amount that is required to be shown or reported on any return or other document under this Article shall, if the amount is not a whole-dollar amount, be increased to the nearest whole-dollar amount if the fractional part of a dollar is $0.50 or more and decreased to the nearest whole-dollar amount if the fractional part of a dollar is less than $0.50. If a total amount of less than $1 is payable, refundable, or creditable, the amount shall be disregarded if it is less than $0.50 and shall be increased to $1 if it is $0.50 or more. Notwithstanding any other provision of this Article concerning the time within which a taxpayer may file a return, any such taxpayer who ceases to engage in the kind of business that makes the person responsible for filing returns under this Article shall file a final return under this Article with the Department within one month after discontinuing such business.Each taxpayer under this Article shall make estimated payments to the Department on or before the 7th, 15th, 22nd, and last day of the month during which tax liability to the Department is incurred. The payments shall be in an amount not less than the lower of either 22.5% of the taxpayer's actual tax liability for the month or 25% of the taxpayer's actual tax liability for the same calendar month of the preceding year. The amount of the quarter-monthly payments shall be credited against the final tax liability of the taxpayer's return for that month. If any quarter-monthly payment is not paid at the time or in the amount required by this Section, then the taxpayer shall be liable for penalties and interest on the difference between the minimum amount due as a payment and the amount of the quarter-monthly payment actually and timely paid, except insofar as the taxpayer has previously made payments for that month to the Department in excess of the minimum payments previously due as provided in this Section.If any payment provided for in this Section exceeds the taxpayer's liabilities under this Article, as shown on an original monthly return, the Department shall, if requested by the taxpayer, issue to the taxpayer a credit memorandum no later than 30 days after the date of payment. The credit evidenced by the credit memorandum may be assigned by the taxpayer to a similar taxpayer under this Act, in accordance with reasonable rules to be prescribed by the Department. If no such request is made, the taxpayer may credit the excess payment against tax liability subsequently to be remitted to the Department under this Act, in accordance with reasonable rules prescribed by the Department. If the Department subsequently determines that all or any part of the credit taken was not actually due to the taxpayer, the taxpayer's discount shall be reduced, if necessary, to reflect the difference between the credit taken and that actually due, and that taxpayer shall be liable for penalties and interest on the difference.If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department is received by the taxpayer, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/60-25)Sec. 60-25. Infuser information returns.  If it is deemed necessary for the administration of this Article, the Department may adopt rules that require infusers to file information returns regarding the sale of cannabis by infusers to dispensaries. The Department may require infusers to file all information returns by electronic means.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/60-30)Sec. 60-30. Deposit of proceeds.  All moneys received by the Department under this Article shall be deposited into the Cannabis Regulation Fund.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/60-35)Sec. 60-35. Department administration and enforcement.  The Department shall have full power to administer and enforce this Article, to collect all taxes, penalties, and interest due hereunder, to dispose of taxes, penalties and interest so collected in the manner hereinafter provided, and to determine all rights to credit memoranda, arising on account of the erroneous payment of tax, penalty, or interest hereunder. In the administration of, and compliance with, this Article, the Department and persons who are subject to this Article shall have the same rights, remedies, privileges, immunities, powers, and duties, and be subject to the same conditions, restrictions, limitations, penalties, and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1, 2-40, 2a, 2b, 2i, 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act and all of the provisions of the Uniform Penalty and Interest Act, which are not inconsistent with this Article, as fully as if those provisions were set forth herein. For purposes of this Section, references in the Retailers' Occupation Tax Act to a "sale of tangible personal property at retail" mean the "sale of cannabis by a cultivator".
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/60-40)Sec. 60-40. Invoices.  Every sales invoice for cannabis issued by a cultivator to a cannabis business establishment shall contain the cultivator's certificate of registration number assigned under this Article, date, invoice number, purchaser's name and address, selling price, amount of cannabis, concentrate, or cannabis-infused product, and any other reasonable information as the Department may provide by rule is necessary for the administration of this Article. Cultivators shall retain the invoices for inspection by the Department.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/60-45)Sec. 60-45. Rules.  The Department may adopt rules related to the enforcement of this Article.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/Art. 65 heading) 
Article 65.Cannabis Purchaser Excise Tax
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/65-1)Sec. 65-1. Short title.  This Article may be referred to as the Cannabis Purchaser Excise Tax Law.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/65-5)Sec. 65-5. Definitions.  In this Article:"Adjusted delta-9-tetrahydrocannabinol level" means, for a delta-9-tetrahydrocannabinol dominant product, the sum of the percentage of delta-9-tetrahydrocannabinol plus .877 multiplied by the percentage of tetrahydrocannabinolic acid."Cannabis" has the meaning given to that term in Article 1 of this Act, except that it does not include cannabis that is subject to tax under the Compassionate Use of Medical Cannabis Program Act."Cannabis-infused product" means beverage food, oils, ointments, tincture, topical formulation, or another product containing cannabis that is not intended to be smoked."Cannabis retailer" means a dispensing organization that sells cannabis for use and not for resale."Craft grower" has the meaning given to that term in Article 1 of this Act."Department" means the Department of Revenue."Director" means the Director of Revenue."Dispensing organization" or "dispensary" has the meaning given to that term in Article 1 of this Act."Person" means a natural individual, firm, partnership, association, joint stock company, joint adventure, public or private corporation, limited liability company, or a receiver, executor, trustee, guardian, or other representative appointed by order of any court."Infuser organization" or "infuser" means a facility operated by an organization or business that is licensed by the Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product."Purchase price" means the consideration paid for a purchase of cannabis, valued in money, whether received in money or otherwise, including cash, gift cards, credits, and property and shall be determined without any deduction on account of the cost of materials used, labor or service costs, or any other expense whatsoever. However, "purchase price" does not include consideration paid for:(1) any charge for a payment that is not honored by a     financial institution;(2) any finance or credit charge, penalty or charge     for delayed payment, or discount for prompt payment; and(3) any amounts added to a purchaser's bill because     of charges made under the tax imposed by this Article, the Municipal Cannabis Retailers' Occupation Tax Law, the County Cannabis Retailers' Occupation Tax Law, the Retailers' Occupation Tax Act, the Use Tax Act, the Service Occupation Tax Act, the Service Use Tax Act, or any locally imposed occupation or use tax."Purchaser" means a person who acquires cannabis for a valuable consideration."Taxpayer" means a cannabis retailer who is required to collect the tax imposed under this Article.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/65-10)Sec. 65-10. Tax imposed.(a) Beginning January 1, 2020, a tax is imposed upon purchasers for the privilege of using cannabis at the following rates:(1) Any cannabis, other than a cannabis-infused     product, with an adjusted delta-9-tetrahydrocannabinol level at or below 35% shall be taxed at a rate of 10% of the purchase price;(2) Any cannabis, other than a cannabis-infused     product, with an adjusted delta-9-tetrahydrocannabinol level above 35% shall be taxed at a rate of 25% of the purchase price; and(3) A cannabis-infused product shall be taxed at a     rate of 20% of the purchase price.(b) The purchase of any product that contains any amount of cannabis or any derivative thereof is subject to the tax under subsection (a) of this Section on the full purchase price of the product.(c) The tax imposed under this Section is not imposed on cannabis that is subject to tax under the Compassionate Use of Medical Cannabis Program Act. The tax imposed by this Section is not imposed with respect to any transaction in interstate commerce, to the extent the transaction may not, under the Constitution and statutes of the United States, be made the subject of taxation by this State.(d) The tax imposed under this Article shall be in addition to all other occupation, privilege, or excise taxes imposed by the State of Illinois or by any municipal corporation or political subdivision thereof.(e) The tax imposed under this Article shall not be imposed on any purchase by a purchaser if the cannabis retailer is prohibited by federal or State Constitution, treaty, convention, statute, or court decision from collecting the tax from the purchaser.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/65-11)Sec. 65-11. Bundling of taxable and nontaxable items; prohibition; taxation.  If a cannabis retailer sells cannabis, concentrate, or cannabis-infused products in combination or bundled with items that are not subject to tax under this Act for one price in violation of the prohibition on this activity under Section 15-70, then the tax under this Act is imposed on the purchase price of the entire bundled product.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/65-15)Sec. 65-15. Collection of tax.(a) The tax imposed by this Article shall be collected from the purchaser by the cannabis retailer at the rate stated in Section 65-10 with respect to cannabis sold by the cannabis retailer to the purchaser, and shall be remitted to the Department as provided in Section 65-30. All sales to a purchaser who is not a cardholder under the Compassionate Use of Medical Cannabis Program Act are presumed subject to tax collection. Cannabis retailers shall collect the tax from purchasers by adding the tax to the amount of the purchase price received from the purchaser for selling cannabis to the purchaser. The tax imposed by this Article shall, when collected, be stated as a distinct item separate and apart from the purchase price of the cannabis.(b) If a cannabis retailer collects Cannabis Purchaser Excise Tax measured by a purchase price that is not subject to Cannabis Purchaser Excise Tax, or if a cannabis retailer, in collecting Cannabis Purchaser Excise Tax measured by a purchase price that is subject to tax under this Act, collects more from the purchaser than the required amount of the Cannabis Purchaser Excise Tax on the transaction, the purchaser shall have a legal right to claim a refund of that amount from the cannabis retailer. If, however, that amount is not refunded to the purchaser for any reason, the cannabis retailer is liable to pay that amount to the Department.(c) Any person purchasing cannabis subject to tax under this Article as to which there has been no charge made to him or her of the tax imposed by Section 65-10 shall make payment of the tax imposed by Section 65-10 in the form and manner provided by the Department not later than the 20th day of the month following the month of purchase of the cannabis.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/65-20)Sec. 65-20. Registration of cannabis retailers.  Every cannabis retailer required to collect the tax under this Article shall apply to the Department for a certificate of registration under this Article. All applications for registration under this Article shall be made by electronic means in the form and manner required by the Department.  For that purpose, the provisions of Section 2a of the Retailers' Occupation Tax Act are incorporated into this Article to the extent not inconsistent with this Article. In addition, no certificate of registration shall be issued under this Article unless the applicant is licensed under this Act.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/65-25)Sec. 65-25. Tax collected as debt owed to State.   Any cannabis retailer required to collect the tax imposed by this Article shall be liable to the Department for the tax, whether or not the tax has been collected by the cannabis retailer, and any such tax shall constitute a debt owed by the cannabis retailer to this State. To the extent that a cannabis retailer required to collect the tax imposed by this Act has actually collected that tax, the tax is held in trust for the benefit of the Department.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/65-30)Sec. 65-30. Return and payment of tax by cannabis retailer.  Each cannabis retailer that is required or authorized to collect the tax imposed by this Article shall make a return to the Department, by electronic means, on or before the 20th day of each month for the preceding calendar month stating the following:(1) the cannabis retailer's name;(2) the address of the cannabis retailer's principal     place of business and the address of the principal place of business (if that is a different address) from which the cannabis retailer engaged in the business of selling cannabis subject to tax under this Article;(3) the total purchase price received by the cannabis     retailer for cannabis subject to tax under this Article;(4) the amount of tax due at each rate;(5) the signature of the cannabis retailer; and(6) any other information as the Department may     reasonably require.All returns required to be filed and payments required to be made under this Article shall be by electronic means. Cannabis retailers who demonstrate hardship in paying electronically may petition the Department to waive the electronic payment requirement.Any amount that is required to be shown or reported on any return or other document under this Article shall, if the amount is not a whole-dollar amount, be increased to the nearest whole-dollar amount if the fractional part of a dollar is $0.50 or more and decreased to the nearest whole-dollar amount if the fractional part of a dollar is less than $0.50. If a total amount of less than $1 is payable, refundable, or creditable, the amount shall be disregarded if it is less than $0.50 and shall be increased to $1 if it is $0.50 or more.The cannabis retailer making the return provided for in this Section shall also pay to the Department, in accordance with this Section, the amount of tax imposed by this Article, less a discount of 1.75%, but not to exceed $1,000 per return period, which is allowed to reimburse the cannabis retailer for the expenses incurred in keeping records, collecting tax, preparing and filing returns, remitting the tax, and supplying data to the Department upon request. No discount may be claimed by a cannabis retailer on returns not timely filed and for taxes not timely remitted. No discount may be claimed by a taxpayer for any return that is not filed electronically.   No discount may be claimed by a taxpayer  for any payment that is not made electronically, unless a waiver has been granted under this Section.Notwithstanding any other provision of this Article concerning the time within which a cannabis retailer may file a return, any such cannabis retailer who ceases to engage in the kind of business that makes the person responsible for filing returns under this Article shall file a final return under this Article with the Department within one month after discontinuing the business.Each cannabis retailer shall make estimated payments to the Department on or before the 7th, 15th, 22nd, and last day of the month during which tax liability to the Department is incurred. The payments shall be in an amount not less than the lower of either 22.5% of the cannabis retailer's actual tax liability for the month or 25% of the cannabis retailer's actual tax liability for the same calendar month of the preceding year. The amount of the quarter-monthly payments shall be credited against the final tax liability of the cannabis retailer's return for that month. If any such quarter-monthly payment is not paid at the time or in the amount required by this Section, then the cannabis retailer shall be liable for penalties and interest on the difference between the minimum amount due as a payment and the amount of the quarter-monthly payment actually and timely paid, except insofar as the cannabis retailer has previously made payments for that month to the Department in excess of the minimum payments previously due as provided in this Section.If any payment provided for in this Section exceeds the taxpayer's liabilities under this Article, as shown on an original monthly return, the Department shall, if requested by the taxpayer, issue to the taxpayer a credit memorandum no later than 30 days after the date of payment. The credit evidenced by the credit memorandum may be assigned by the taxpayer to a similar taxpayer under this Article, in accordance with reasonable rules to be prescribed by the Department. If no such request is made, the taxpayer may credit the excess payment against tax liability subsequently to be remitted to the Department under this Article, in accordance with reasonable rules prescribed by the Department. If the Department subsequently determines that all or any part of the credit taken was not actually due to the taxpayer, the taxpayer's discount shall be reduced, if necessary, to reflect the difference between the credit taken and that actually due, and that taxpayer shall be liable for penalties and interest on the difference. If a cannabis retailer fails to sign a return within 30 days after the proper notice and demand for signature by the Department is received by the cannabis retailer, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/65-35)Sec. 65-35. Deposit of proceeds.  All moneys received by the Department under this Article shall be paid into the Cannabis Regulation Fund.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/65-36)Sec. 65-36. Recordkeeping; books and records.(a) Every retailer of cannabis, whether or not the retailer has obtained a certificate of registration under Section 65-20, shall keep complete and accurate records of cannabis held, purchased, sold, or otherwise disposed of, and shall preserve and keep all invoices, bills of lading, sales records, and copies of bills of sale, returns, and other pertinent papers and documents relating to the purchase, sale, or disposition of cannabis. Such records need not be maintained on the licensed premises but must be maintained in the State of Illinois. However, all original invoices or copies thereof covering purchases of cannabis must be retained on the licensed premises for a period of 90 days after such purchase, unless the Department has granted a waiver in response to a written request in cases where records are kept at a central business location within the State of Illinois. The Department shall adopt rules regarding the eligibility for a waiver, revocation of a waiver, and requirements and standards for maintenance and accessibility of records located at a central location under a waiver provided under this Section.(b) Books, records, papers, and documents that are required by this Article to be kept shall, at all times during the usual business hours of the day, be subject to inspection by the Department or its duly authorized agents and employees. The books, records, papers, and documents for any period with respect to which the Department is authorized to issue a notice of tax liability shall be preserved until the expiration of that period.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/65-38)Sec. 65-38. Violations and penalties.(a) When the amount due is under $300, any retailer of cannabis who fails to file a return, willfully fails or refuses to make any payment to the Department of the tax imposed by this Article, or files a fraudulent return, or any officer or agent of a corporation engaged in the business of selling cannabis to purchasers located in this State who signs a fraudulent return filed on behalf of the corporation, or any accountant or other agent who knowingly enters false information on the return of any taxpayer under this Article is guilty of a Class 4 felony.(b) When the amount due is $300 or more, any retailer of cannabis who files, or causes to be filed, a fraudulent return, or any officer or agent of a corporation engaged in the business of selling cannabis to purchasers located in this State who files or causes to be filed or signs or causes to be signed a fraudulent return filed on behalf of the corporation, or any accountant or other agent who knowingly enters false information on the return of any taxpayer under this Article is guilty of a Class 3 felony.(c) Any person who violates any provision of Section 65-20, fails to keep books and records as required under this Article, or willfully violates a rule of the Department for the administration and enforcement of this Article is guilty of a Class 4 felony. A person commits a separate offense on each day that he or she engages in business in violation of Section 65-20 or a rule of the Department for the administration and enforcement of this Article. If a person fails to produce the books and records for inspection by the Department upon request, a prima facie presumption shall arise that the person has failed to keep books and records as required under this Article. A person who is unable to rebut this presumption is in violation of this Article and is subject to the penalties provided in this Section.(d) Any person who violates any provision of Sections 65-20, fails to keep books and records as required under this Article, or willfully violates a rule of the Department for the administration and enforcement of this Article, is guilty of a business offense and may be fined up to $5,000. If a person fails to produce books and records for inspection by the Department upon request, a prima facie presumption shall arise that the person has failed to keep books and records as required under this Article. A person who is unable to rebut this presumption is in violation of this Article and is subject to the penalties provided in this Section. A person commits a separate offense on each day that he or she engages in business in violation of Section 65-20.(e) Any taxpayer or agent of a taxpayer who with the intent to defraud purports to make a payment due to the Department by issuing or delivering a check or other order upon a real or fictitious depository for the payment of money, knowing that it will not be paid by the depository, is guilty of a deceptive practice in violation of Section 17-1 of the Criminal Code of 2012.(f) Any person who fails to keep books and records or fails to produce books and records for inspection, as required by Section 65-36, is liable to pay to the Department, for deposit in the Tax Compliance and Administration Fund, a penalty of $1,000 for the first failure to keep books and records or failure to produce books and records for inspection, as required by Section 65-36, and $3,000 for each subsequent failure to keep books and records or failure to produce books and records for inspection, as required by Section 65-36.(g) Any person who knowingly acts as a retailer of cannabis in this State without first having obtained a certificate of registration to do so in compliance with Section 65-20 of this Article shall be guilty of a Class 4 felony.(h) A person commits the offense of tax evasion under this Article when he or she knowingly attempts in any manner to evade or defeat the tax imposed on him or her  or on any other person, or the payment thereof, and he or she commits an affirmative act in furtherance of the evasion. As used in this Section, "affirmative act in furtherance of the evasion" means an act designed in whole or in part to (i) conceal, misrepresent, falsify, or manipulate any material fact or (ii) tamper with or destroy documents or materials related to a person's tax liability under this Article. Two or more acts of sales tax evasion may be charged as a single count in any indictment, information, or complaint and the amount of tax deficiency may be aggregated for purposes of determining the amount of tax that is attempted to be or is evaded and the period between the first and last acts may be alleged as the date of the offense.(1) When the amount of tax, the assessment or payment     of which is attempted to be or is evaded is less than $500, a person is guilty of a Class 4 felony.(2) When the amount of tax, the assessment or payment     of which is attempted to be or is evaded is $500 or more but less than $10,000, a person is guilty of a Class 3 felony.(3) When the amount of tax, the assessment or payment     of which is attempted to be or is evaded is $10,000 or more but less than $100,000, a person is guilty of a Class 2 felony.(4) When the amount of tax, the assessment or payment     of which is attempted to be or is evaded is $100,000 or more, a person is guilty of a Class 1 felony.Any person who knowingly sells, purchases, installs, transfers, possesses, uses, or accesses any automated sales suppression device, zapper, or phantom-ware in this State is guilty of a Class 3 felony.As used in this Section:"Automated sales suppression device" or "zapper" means a software program that falsifies the electronic records of an electronic cash register or other point-of-sale system, including, but not limited to, transaction data and transaction reports. The term includes the software program, any device that carries the software program, or an Internet link to the software program."Phantom-ware" means a hidden programming option embedded in the operating system of an electronic cash register or hardwired into an electronic cash register that can be used to create a second set of records or that can eliminate or manipulate transaction records in an electronic cash register."Electronic cash register" means a device that keeps a register or supporting documents through the use of an electronic device or computer system designed to record transaction data for the purpose of computing, compiling, or processing retail sales transaction data in any manner."Transaction data" includes: items purchased by a purchaser; the price of each item; a taxability determination for each item; a segregated tax amount for each taxed item; the amount of cash or credit tendered; the net amount returned to the customer in change; the date and time of the purchase; the name, address, and identification number of the vendor; and the receipt or invoice number of the transaction."Transaction report" means a report that documents, without limitation, the sales, taxes, or fees collected, media totals, and discount voids at an electronic cash register and that is printed on a cash register tape at the end of a day or shift, or a report that documents every action at an electronic cash register and is stored electronically.A prosecution for any act in violation of this Section may be commenced at any time within 5 years of the commission of that act.(i) The Department may adopt rules to administer the penalties under this Section.(j) Any person whose principal place of business is in this State and who is charged with a violation under this Section shall be tried in the county where his or her principal place of business is located unless he or she asserts a right to be tried in another venue.(k) Except as otherwise provided in subsection (h), a prosecution for a violation described in this Section may be commenced within 3 years after the commission of the act constituting the violation.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/65-40)Sec. 65-40. Department administration and enforcement. The Department shall have full power to administer and enforce this Article, to collect all taxes and penalties due hereunder, to dispose of taxes and penalties so collected in the manner hereinafter provided, and to determine all rights to credit memoranda, arising on account of the erroneous payment of tax or penalty hereunder.In the administration of, and compliance with, this Article, the Department and persons who are subject to this Article shall have the same rights, remedies, privileges, immunities, powers, and duties, and be subject to the same conditions, restrictions, limitations, penalties, and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 2, 3-55, 3a, 4, 5, 7, 10a, 11, 12a, 12b, 14, 15, 19, 20, 21, and 22 of the Use Tax Act and Sections 1, 2-12, 2b, 4 (except that the time limitation provisions shall run from the date when the tax is due rather than from the date when gross receipts are received), 5 (except that the time limitation provisions on the issuance of notices of tax liability shall run from the date when the tax is due rather than from the date when gross receipts are received and except that in the case of a failure to file a return required by this Act, no notice of tax liability shall be issued on and after each July 1 and January 1 covering tax due with that return during any month or period more than 6 years before that July 1 or January 1, respectively), 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5j, 6d, 7, 8, 9, 10, 11, and 12 of the Retailers' Occupation Tax Act and all of the provisions of the Uniform Penalty and Interest Act, which are not inconsistent with this Article, as fully as if those provisions were set forth herein. References in the incorporated Sections of the Retailers' Occupation Tax Act and the Use Tax Act to retailers, to sellers, or to persons engaged in the business of selling tangible personal property mean cannabis retailers when used in this Article. References in the incorporated Sections to sales of tangible personal property mean sales of cannabis subject to tax under this Article when used in this Article.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/65-41)Sec. 65-41. Arrest; search and seizure without warrant.  Any duly authorized employee of the Department: (i) may arrest without warrant any person committing in his or her presence a violation of any of the provisions of this Article; (ii) may without a search warrant inspect all cannabis located in any place of business; (iii) may seize any cannabis in the possession of the retailer in violation of this Act; and (iv) may seize any cannabis on which the tax imposed by Article 60 of this Act has not been paid. The cannabis so seized is subject to confiscation and forfeiture as provided in Sections 65-42 and 65-43.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/65-42)Sec. 65-42. Seizure and forfeiture.  After seizing any cannabis as provided in Section 65-41, the Department must hold a hearing and determine whether the retailer was properly registered to sell the cannabis at the time of its seizure by the Department. The Department shall give not less than 20 days' notice of the time and place of the hearing to the owner of the cannabis, if the owner is known, and also to the person in whose possession the cannabis was found, if that person is known and if the person in possession is not the owner of the cannabis. If neither the owner nor the person in possession of the cannabis is known, the Department must cause publication of the time and place of the hearing to be made at least once in each week for 3 weeks successively in a newspaper of general circulation in the county where the hearing is to be held.If, as the result of the hearing, the Department determines that the retailer was not properly registered at the time the cannabis was seized, the Department must enter an order declaring the cannabis confiscated and forfeited to the State, to be held by the Department for disposal by it as provided in Section 65-43. The Department must give notice of the order to the owner of the cannabis, if the owner is known, and also to the person in whose possession the cannabis was found, if that person is known and if the person in possession is not the owner of the cannabis. If neither the owner nor the person in possession of the cannabis is known, the Department must cause publication of the order to be made at least once in each week for 3 weeks successively in a newspaper of general circulation in the county where the hearing was held.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/65-43)Sec. 65-43. Search warrant; issuance and return; process; confiscation of cannabis; forfeitures.(a) If a peace officer of this State or any duly authorized officer or employee of the Department has reason to believe that any violation of this Article or a rule of the Department for the administration and enforcement of this Article has occurred and that the person violating this Article or rule has in that person's possession any cannabis in violation of this Article or a rule of the Department for the administration and enforcement of this Article, that peace officer or officer or employee of the Department may file or cause to be filed his or her complaint in writing, verified by affidavit, with any court within whose jurisdiction the premises to be searched are situated, stating the facts upon which the belief is founded, the premises to be searched, and the property to be seized, and procure a search warrant and execute that warrant. Upon the execution of the search warrant, the peace officer, or officer or employee of the Department, executing the search warrant shall make due return of the warrant to the court issuing the warrant, together with an inventory of the property taken under the warrant. The court must then issue process against the owner of the property if the owner is known; otherwise, process must be issued against the person in whose possession the property is found, if that person is known. In case of inability to serve process upon the owner or the person in possession of the property at the time of its seizure, notice of the proceedings before the court must be given in the same manner as required by the law governing cases of attachment. Upon the return of the process duly served or upon the posting or publishing of notice made, as appropriate, the court or jury, if a jury is demanded, shall proceed to determine whether the property so seized was held or possessed in violation of this Article or a rule of the Department for the administration and enforcement of this Article. If a violation is found, judgment shall be entered confiscating the property and forfeiting it to the State and ordering its delivery to the Department. In addition, the court may tax and assess the costs of the proceedings.(b) When any cannabis has been declared forfeited to the State by the Department, as provided in Section 65-42 and this Section, and when all proceedings for the judicial review of the Department's decision have terminated, the Department shall, to the extent that its decision is sustained on review, destroy or maintain and use such cannabis in an undercover capacity.(c) The Department may, before any destruction of cannabis, permit the true holder of trademark rights in the cannabis to inspect such cannabis in order to assist the Department in any investigation regarding such cannabis.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/65-45)Sec. 65-45. Cannabis retailers; purchase and possession of cannabis.  Cannabis retailers shall purchase cannabis for resale only from cannabis business establishments as authorized by this Act.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/65-50)Sec. 65-50. Rulemaking.  The Department may adopt rules in accordance with the Illinois Administrative Procedure Act and prescribe forms relating to the administration and enforcement of this Article as it deems appropriate.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/Art. 7 heading) 
Article 7. Social Equity in the Cannabis Industry
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/7-1)Sec. 7-1. Findings.(a) The General Assembly finds that the medical cannabis industry, established in 2014 through the Compassionate Use of Medical Cannabis Program Act, has shown that additional efforts are needed to reduce barriers to ownership.  Through that program, 55 licenses for dispensing organizations and 20 licenses for cultivation centers have been issued.  Those licenses are held by only a small number of businesses, the ownership of which does not sufficiently meet the General Assembly's interest in business ownership that reflects the population of the State of Illinois and that demonstrates the need to reduce barriers to entry for individuals and communities most adversely impacted by the enforcement of cannabis-related laws.(b) In the interest of establishing a legal cannabis industry that is equitable and accessible to those most adversely impacted by the enforcement of drug-related laws in this State, including cannabis-related laws, the General Assembly finds and declares that a social equity program should be established.(c) The General Assembly also finds and declares that individuals who have been arrested or incarcerated due to drug laws suffer long-lasting negative consequences, including impacts to employment, business ownership, housing, health, and long-term financial well-being.(d) The General Assembly also finds and declares that family members, especially children, and communities of those who have been arrested or incarcerated due to drug laws, suffer from emotional, psychological, and financial harms as a result of such arrests or incarcerations.(e) Furthermore, the General Assembly finds and declares that certain communities have disproportionately suffered the harms of enforcement of cannabis-related laws. Those communities face greater difficulties accessing traditional banking systems and capital for establishing businesses.(f) The General Assembly also finds that individuals who have resided in areas of high poverty suffer negative consequences, including barriers to entry in employment, business ownership, housing, health, and long-term financial well-being.(g) The General Assembly also finds and declares that promotion of business ownership by individuals who have resided in areas of high poverty and high enforcement of cannabis-related laws furthers an equitable cannabis industry.(h) Therefore, in the interest of remedying the harms resulting from the disproportionate enforcement of cannabis-related laws, the General Assembly finds and declares that a social equity program should offer, among other things, financial assistance and license application benefits to individuals most directly and adversely impacted by the enforcement of cannabis-related laws who are interested in starting cannabis business establishments.


(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/7-10)Sec. 7-10. Cannabis Business Development Fund.(a) There is created in the State treasury a special fund, which shall be held separate and apart from all other State moneys, to be known as the Cannabis Business Development Fund. The Cannabis Business Development Fund shall be exclusively used for the following purposes:(1) to provide low-interest rate loans to Qualified      Social Equity Applicants to pay for ordinary and necessary expenses to start and operate a cannabis business establishment permitted by this Act;(2) to provide grants to Qualified Social Equity     Applicants to pay for ordinary and necessary expenses to start and operate a cannabis business establishment permitted by this Act;(3) to compensate the Department of Commerce and     Economic Opportunity for any costs related to the provision of low-interest loans and grants to Qualified Social Equity Applicants;(4) to pay for outreach that may be provided or     targeted to attract and support Social Equity Applicants and Qualified Social Equity Applicants;(5) (blank);(6) to conduct any study or research concerning the     participation of minorities, women, veterans, or people with disabilities in the cannabis industry, including, without limitation, barriers to such individuals entering the industry as equity owners of cannabis business establishments;(7) (blank); and(8) to assist with job training and technical     assistance for residents in Disproportionately Impacted Areas.(b) All moneys collected under Sections 15-15 and 15-20 for Early Approval Adult Use Dispensing Organization Licenses issued before January 1, 2021 and remunerations made as a result of transfers of permits awarded to Qualified Social Equity Applicants shall be deposited into the Cannabis Business Development Fund.(c) As soon as practical after July 1, 2019, the Comptroller shall order and the Treasurer shall transfer $12,000,000 from the Compassionate Use of Medical Cannabis Fund to the Cannabis Business Development Fund.(d) Notwithstanding any other law to the contrary, the Cannabis Business Development Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from the Cannabis Business Development Fund into any other fund of the State.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/7-15)Sec. 7-15. Loans and grants to Social Equity Applicants.(a) The Department of Commerce and Economic Opportunity shall establish grant and loan programs, subject to appropriations from the Cannabis Business Development Fund, for the purposes of providing financial assistance, loans, grants, and technical assistance to Social Equity Applicants.(b) The Department of Commerce and Economic Opportunity has the power to:(1) provide Cannabis Social Equity loans and grants     from appropriations from the Cannabis Business Development Fund to assist Qualified Social Equity Applicants in gaining entry to, and successfully operating in, the State's regulated cannabis marketplace;(2) enter into agreements that set forth terms and     conditions of the financial assistance, accept funds or grants, and engage in cooperation with private entities and agencies of State or local government to carry out the purposes of this Section;(3) fix, determine, charge, and collect any premiums,     fees, charges, costs and expenses, including application fees, commitment fees, program fees, financing charges, or publication fees in connection with its activities under this Section;(4) coordinate assistance under these loan programs     with activities of the Illinois Department of Financial and Professional Regulation, the Illinois Department of Agriculture, and other agencies as needed to maximize the effectiveness and efficiency of this Act;(5) provide staff, administration, and related     support required to administer this Section;(6) take whatever actions are necessary or     appropriate to protect the State's interest in the event of bankruptcy, default, foreclosure, or noncompliance with the terms and conditions of financial assistance provided under this Section, including the ability to recapture funds if the recipient is found to be noncompliant with the terms and conditions of the financial assistance agreement;(7) establish application, notification, contract,     and other forms, procedures, or rules deemed necessary and appropriate; and(8) utilize vendors or contract work to carry out the     purposes of this Act.(c) Loans made under this Section:(1) shall only be made if, in the Department's     judgment, the project furthers the goals set forth in this Act; and(2) shall be in such principal amount and form and     contain such terms and provisions with respect to security, insurance, reporting, delinquency charges, default remedies, and other matters as the Department shall determine appropriate to protect the public interest and to be consistent with the purposes of this Section. The terms and provisions may be less than required for similar loans not covered by this Section.(d) Grants made under this Section shall be awarded on a competitive and annual basis under the Grant Accountability and Transparency Act. Grants made under this Section shall further and promote the goals of this Act, including promotion of Social Equity Applicants, job training and workforce development, and technical assistance to Social Equity Applicants.(e) Beginning January 1, 2021 and each year thereafter, the Department shall annually report to the Governor and the General Assembly on the outcomes and effectiveness of this Section that shall include the following:(1) the number of persons or businesses receiving     financial assistance under this Section;(2) the amount in financial assistance awarded in the     aggregate, in addition to the amount of loans made that are outstanding and the amount of grants awarded;(3) the location of the project engaged in by the     person or business; and(4) if applicable, the number of new jobs and other     forms of economic output created as a result of the financial assistance.(f) The Department of Commerce and Economic Opportunity shall include engagement with individuals with limited English proficiency as part of its outreach provided or targeted to attract and support Social Equity Applicants.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/7-20)Sec. 7-20. Fee waivers.(a) For Social Equity Applicants, the Department of Financial and Professional Regulation and the Department of Agriculture shall waive 50% of any nonrefundable license application fees, any nonrefundable fees associated with purchasing a license to operate a cannabis business establishment, and any surety bond or other financial requirements, provided a Social Equity Applicant meets the following qualifications at the time the payment is due:(1) the applicant, including all individuals and     entities with 10% or greater ownership and all parent companies, subsidiaries, and affiliates, has less than a total of $750,000 of income in the previous calendar year; and(2) the applicant, including all individuals and     entities with 10% or greater ownership and all parent companies, subsidiaries, and affiliates, has no more than 2 other licenses for cannabis business establishments in the State of Illinois.(b) The Department of Financial and Professional Regulation and the Department of Agriculture may require Social Equity Applicants to attest that they meet the requirements for a fee waiver as provided in subsection (a) and to provide evidence of annual total income in the previous calendar year.(c) If the Department of Financial and Professional Regulation or the Department of Agriculture determines that an applicant who applied as a Social Equity Applicant is not eligible for such status, the applicant shall be provided an additional 10 days to provide alternative evidence that he or she qualifies as a Social Equity Applicant.  Alternatively, the applicant may pay the remainder of the waived fee and be considered as a non-Social Equity Applicant.  If the applicant cannot do either, then the Departments may keep the initial application fee and the application shall not be graded.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/7-25)Sec. 7-25. Transfer of license awarded to Qualified Social Equity Applicant.(a) In the event a Qualified Social Equity Applicant seeks to transfer, sell, or grant a cannabis business establishment license within 5 years after it was issued to a person or entity that does not qualify as a Social Equity Applicant, the transfer agreement shall require the new license holder to pay the Cannabis Business Development Fund an amount equal to:(1) any fees that were waived by any State agency     based on the applicant's status as a Social Equity Applicant, if applicable;(2) any outstanding amount owed by the Qualified     Social Equity Applicant for a loan through the Cannabis Business Development Fund, if applicable; and(3) the full amount of any grants that the Qualified     Social Equity Applicant received from the Department of Commerce and Economic Opportunity, if applicable.(b) Transfers of cannabis business establishment licenses awarded to a Social Equity Applicant are subject to all other provisions of this Act, the Compassionate Use of Medical Cannabis Program Act, and rules regarding transfers. 
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) (410 ILCS 705/7-30)Sec. 7-30. Reporting. By January 1,  2021, and on January 1 of every year thereafter, or upon request by the Illinois Cannabis Regulation Oversight Officer, each cannabis business establishment licensed under this Act and the Compassionate Use of Medical Cannabis Program Act shall report to the Illinois Cannabis Regulation Oversight Officer, on a form to be provided by the Illinois Cannabis Regulation Oversight Officer, information that will allow it to assess the extent of diversity in the medical and adult use cannabis industry and methods for reducing or eliminating any identified barriers to entry, including access to capital. Failure of a cannabis business establishment to respond to the request of the Cannabis Regulation Oversight Officer to complete the form, report, and any other request for information may be grounds for disciplinary action by the Department of Financial and Professional Regulation or the Department of Agriculture.  The information to be collected shall be designed to identify the following:(1) the number and percentage of licenses provided to     Social Equity Applicants and to businesses owned by minorities, women, veterans, and people with disabilities;(2) the total number and percentage of employees in     the cannabis industry who meet the criteria in (3)(i) or (3)(ii) in the definition of Social Equity Applicant or who are minorities, women, veterans, or people with disabilities;(3) the total number and percentage of contractors     and subcontractors in the cannabis industry that meet the definition of a Social Equity Applicant or who are owned by minorities, women, veterans, or people with disabilities, if known to the cannabis business establishment; and(4) recommendations on reducing or eliminating any     identified barriers to entry, including access to capital, in the cannabis industry.(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21.)
(410 ILCS 705/Art. 900 heading) 
Article 900.  Amendatory Provisions
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/900-5)Sec. 900-5. (Amendatory provisions; text omitted).
(Source: P.A. 101-27, eff. 6-25-19; text omitted.) (410 ILCS 705/900-8)Sec. 900-8. (Amendatory provisions; text omitted).
(Source: P.A. 101-27, eff. 6-25-19; text omitted.) (410 ILCS 705/900-10)Sec. 900-10. (Amendatory provisions; text omitted).
(Source: P.A. 101-27, eff. 6-25-19; text omitted.) (410 ILCS 705/900-12)Sec. 900-12. (Amendatory provisions; text omitted).
(Source: P.A. 101-27, eff. 6-25-19; text omitted.) (410 ILCS 705/900-15)Sec. 900-15. (Amendatory provisions; text omitted).
(Source: P.A. 101-27, eff. 6-25-19; text omitted.) (410 ILCS 705/900-15.5)Sec. 900-15.5. (Amendatory provisions; text omitted).
(Source: P.A. 101-27, eff. 6-25-19; text omitted.) (410 ILCS 705/900-16)Sec. 900-16. (Amendatory provisions; text omitted).
(Source: P.A. 101-27, eff. 6-25-19; text omitted.) (410 ILCS 705/900-17)Sec. 900-17. (Amendatory provisions; text omitted).
(Source: P.A. 101-27, eff. 6-25-19; text omitted.) (410 ILCS 705/900-18)Sec. 900-18. (Amendatory provisions; text omitted).
(Source: P.A. 101-27, eff. 6-25-19; text omitted.) (410 ILCS 705/900-19)Sec. 900-19. (Amendatory provisions; text omitted).
(Source: P.A. 101-27, eff. 6-25-19; text omitted.) (410 ILCS 705/900-20)Sec. 900-20. The Cannabis and Controlled Substances Tax Act is repealed.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/900-22)Sec. 900-22. (Amendatory provisions; text omitted).
(Source: P.A. 101-27, eff. 6-25-19; text omitted.) (410 ILCS 705/900-25)Sec. 900-25. (Amendatory provisions; text omitted).
(Source: P.A. 101-27, eff. 6-25-19; text omitted.) (410 ILCS 705/900-30)Sec. 900-30. (Amendatory provisions; text omitted).
(Source: P.A. 101-27, eff. 6-25-19; text omitted.) (410 ILCS 705/900-32)Sec. 900-32. (Amendatory provisions; text omitted).
(Source: P.A. 101-27, eff. 6-25-19; text omitted.) (410 ILCS 705/900-33)Sec. 900-33. (Amendatory provisions; text omitted).
(Source: P.A. 101-27, eff. 6-25-19; text omitted.) (410 ILCS 705/900-35)Sec. 900-35. (Amendatory provisions; text omitted).
(Source: P.A. 101-27, eff. 6-25-19; text omitted.) (410 ILCS 705/900-38)Sec. 900-38. (Amendatory provisions; text omitted).
(Source: P.A. 101-27, eff. 6-25-19; text omitted.) (410 ILCS 705/900-39)Sec. 900-39. (Amendatory provisions; text omitted).
(Source: P.A. 101-27, eff. 6-25-19; text omitted.) (410 ILCS 705/900-40)Sec. 900-40. (Amendatory provisions; text omitted).
(Source: P.A. 101-27, eff. 6-25-19; text omitted.) (410 ILCS 705/900-42)Sec. 900-42. (Amendatory provisions; text omitted).
(Source: P.A. 101-27, eff. 6-25-19; text omitted.) (410 ILCS 705/900-45)Sec. 900-45. (Amendatory provisions; text omitted).
(Source: P.A. 101-27, eff. 6-25-19; text omitted.) (410 ILCS 705/900-50)Sec. 900-50. (Amendatory provisions; text omitted).
(Source: P.A. 101-27, eff. 6-25-19; text omitted.)
(410 ILCS 705/Art. 999 heading) 
Article 999.  Miscellaneous Provisions
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/999-95)Sec. 999-95. No acceleration or delay.  Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.
(Source: P.A. 101-27, eff. 6-25-19.) (410 ILCS 705/999-99)Sec. 999-99. Effective date. This Act takes effect upon becoming law. 
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 710/1)Sec. 1. Short title. This Act may be cited as the Overdose Prevention and Harm Reduction Act.
(Source: P.A. 101-356, eff. 8-9-19.) (410 ILCS 710/5)Sec. 5. Needle and hypodermic syringe access program.(a) Any governmental or nongovernmental organization, including a local health department, community-based organization, or a person or entity, that promotes scientifically proven ways of mitigating health risks associated with drug use and other high-risk behaviors may establish and operate a needle and hypodermic syringe access program. The objective of the program shall be accomplishing all of the following:(1) reducing the spread of HIV, AIDS, viral     hepatitis, and other bloodborne diseases;(2) reducing the potential for needle stick injuries     from discarded contaminated equipment; and(3) facilitating connections or linkages to     evidence-based treatment.(b) Programs established under this Act shall provide all of the following:(1) Disposal of used needles and hypodermic syringes.(2) Needles, hypodermic syringes, and other safer     drug consumption supplies, at no cost and in quantities sufficient to ensure that needles, hypodermic syringes, or other supplies are not shared or reused.(3) Educational materials or training on:(A) overdose prevention and intervention; and(B) the prevention of HIV, AIDS, viral hepatitis,         and other common bloodborne diseases resulting from shared drug consumption equipment and supplies.(4) Access to opioid antagonists approved for the     reversal of an opioid overdose, or referrals to programs that provide access to opioid antagonists approved for the reversal of an opioid overdose.(5) Linkages to needed services, including mental     health treatment, housing programs, substance use disorder treatment, and other relevant community services.(6) Individual consultations from a trained employee     tailored to individual needs.(7) If feasible, a hygienic, separate space for     individuals who need to administer a prescribed injectable medication that can also be used as a quiet space to gather composure in the event of an adverse on-site incident, such as a nonfatal overdose.(8) If feasible, access to on-site drug adulterant     testing supplies.(c) Notwithstanding any provision of the Illinois Controlled Substances Act, the Drug Paraphernalia Control Act, or any other law, no employee or volunteer of or participant in a program established under this Act shall be charged with or prosecuted for possession of any of the following:(1) Needles, hypodermic syringes, or other drug     consumption paraphernalia obtained from or returned, directly or indirectly, to a program established under this Act.(2) Residual amounts of a controlled substance     contained in used needles, used hypodermic syringes, or other used drug consumption paraphernalia obtained from or returned, directly or indirectly, to a program established under this Act.(3) Drug adulterant testing supplies obtained from or     returned, directly or indirectly, to a program established under this Act or a pharmacy, hospital, clinic, or other health care facility or medical office dispensing drug adulterant testing supplies in accordance with Section 10. This paragraph also applies to any employee or customer of a pharmacy, hospital, clinic, or other health care facility or medical office dispensing drug adulterant testing supplies in accordance with Section 10.(4) Any residual amounts of controlled substances     used in the course of testing the controlled substance to determine the chemical composition and potential threat of the substances obtained for consumption that are obtained from or returned, directly or indirectly, to a program established under this Act. This paragraph also applies to any person using drug adulterant testing supplies procured in accordance with Section 10 of this Act.In addition to any other applicable immunity or limitation on civil liability, a law enforcement officer who, acting on good faith, arrests or charges a person who is thereafter determined to be entitled to immunity from prosecution under this subsection (c) shall not be subject to civil liability for the arrest or filing of charges.(d) Prior to the commencing of operations of a program established under this Act, the governmental or nongovernmental organization shall submit to the Illinois Department of Public Health all of the following information:(1) the name of the organization, agency, group,     person, or entity operating the program;(2) the areas and populations to be served by the     program; and(3) the methods by which the program will meet the     requirements of subsection (b) of this Section.The Department of Public Health may adopt rules to implement this subsection.
(Source: P.A. 101-356, eff. 8-9-19; 102-1039, eff. 6-2-22.) (410 ILCS 710/10)Sec. 10. Dispensing of drug adulterant testing supplies. A pharmacist, physician, advanced practice registered nurse, or physician assistant, or the pharmacist's, physician's, advanced practice registered nurse's, or physician assistant's designee, may dispense drug adulterant testing supplies to any person. Any drug adulterant testing supplies dispensed under this Section must be stored at a licensed pharmacy, hospital, clinic, or other health care facility or at the medical office of a physician, advanced practice registered nurse, or physician assistant and in a manner that limits access to the drug adulterant testing supplies to pharmacists, physicians, advanced practice registered nurses, or physician assistants employed at the pharmacy, hospital, clinic, or other health care facility or medical office and any persons designated by the pharmacist, physician, advanced practice registered nurse, or physician assistant. Drug adulterant testing supplies dispensed at a retail store containing a pharmacy under this Section may be dispensed only from the pharmacy department of the retail store. No quantity of drug adulterant testing supplies greater than necessary to conduct 5 assays of substances suspected of containing adulterants shall be dispensed in any single transaction.
(Source: P.A. 102-1039, eff. 6-2-22.) (410 ILCS 710/100)Sec. 100. (Amendatory provisions; text omitted).
(Source: P.A. 101-356, eff. 8-9-19; text omitted.) (410 ILCS 710/200)Sec. 200. (Amendatory provisions; text omitted).
(Source: P.A. 101-356, eff. 8-9-19; text omitted.) (410 ILCS 710/999)Sec. 999. Effective date. This Act takes effect upon becoming law. 
(Source: P.A. 101-356, eff. 8-9-19.)
(410 ILCS 715/1)Sec. 1. Short title. This Act may be cited as the Illinois Drug Reuse Opportunity Program Act.
(Source: P.A. 102-389, eff. 1-1-22.) (410 ILCS 715/5)Sec. 5. Definitions. In this Act:"Controlled substance" means a drug, substance, or immediate precursor in Schedules I through V of 21 CFR 1308."Dispense" has the same meaning as defined in Section 3 of the Pharmacy Practice Act."Donor" means any person, including an individual member of the public, or any entity legally authorized to possess medicine, including, but not limited to, a wholesaler or distributor, third party logistic provider, pharmacy, dispenser, clinic, surgical or health center, detention and rehabilitation center, jail, prison laboratory, medical or pharmacy school, prescriber or other health care professional, long-term care facility, or healthcare facility. "Donor" includes government agencies and entities that are federally authorized to possess medicine, including, but not limited to, drug manufacturers, repackagers, relabelers, outsourcing facilities, health care facilities operated by the U.S. Department of Veterans Affairs, and prisons."Drug" means a prescription drug, over-the-counter drug, or supplies needed to administer a prescription or over-the-counter drug."Eligible patient" means an individual:(1) with a prescription for the drug, if a     prescription is required to dispense the drug, or who reports symptoms treated by the drug if the drug is over-the-counter; and(2) who is registered with the drug's manufacturer in     accordance with federal Food and Drug Administration requirements, if the registration is required to dispense the drug."Manufacturer" has the same meaning as defined in Section 15 of the Wholesale Drug Distribution Licensing Act."Pharmacist" means an individual licensed to engage in the practice of pharmacy under the Pharmacy Practice Act or licensed to engage in the practice of pharmacy in another state."Practitioner" means a person licensed in this State to dispense or administer drugs or who is licensed in another state as a person authorized to dispense or administer drugs."Prescription drug" means any prescribed drug that may be legally dispensed by a pharmacy. "Prescription drug" does not include a drug for the treatment of cancer that can only be dispensed to a patient registered with the drug manufacturer in accordance with the federal Food and Drug Administration's requirements."Priority patient" means an eligible patient who is an Illinois resident and who is indigent, uninsured, underinsured, or enrolled in a public health benefits program."Recipient" means any person or entity legally authorized to possess medicine with a license or permit in the state in which the person or entity is located, including, but not limited to, a wholesaler or distributor, reverse distributor, repackager, hospital, pharmacy, or clinic."Returns processor" has the same meaning as defined in paragraph (18) of 21 U.S.C. 360eee. "Returns processor" includes, but is not limited to, a reverse distributor."Unopened tamper-evident packaging" has the same meaning as defined in the United States Pharmacopeia (USP) General Chapter 659, Packaging and Storage Requirements, including, but not limited to, unopened unit-dose, multiple-dose, immediate, secondary, and tertiary packaging.
(Source: P.A. 102-389, eff. 1-1-22.) (410 ILCS 715/10)Sec. 10. Donating and receiving drugs.  Notwithstanding any other law or rule, donors may donate drugs to recipients and recipients may receive donated drugs from donors. Recipients shall only dispense or administer drugs to eligible patients as described in Section 20, further donate drugs to another recipient as described in Section 30, or dispose of drugs as described in Section 35.
(Source: P.A. 102-389, eff. 1-1-22.) (410 ILCS 715/15)Sec. 15. Cost-free provision of drugs.  Drugs donated for use under this Act are considered nonsaleable. When dispensing a drug to an eligible patient, the recipient must do so at no cost to the eligible patient, except that a uniform reasonable handling fee may be charged. The handling fee may not exceed the direct or indirect cost to the recipient of providing the drug. Charging the fee does not constitute reselling.
(Source: P.A. 102-389, eff. 1-1-22.) (410 ILCS 715/20)Sec. 20. Requirements for dispensing drugs; priority.(a) A recipient may only dispense or administer a prescription drug or provide an over-the-counter drug:(1) if the recipient is otherwise permitted by law to     dispense or administer the drug;(2) that meets the requirements in Section 25;(3) that is repackaged into a new container or is in     its original container with all previous patient information redacted or removed;(4) that is properly labeled in accordance with the     rules and regulations of the Board of Pharmacy;(5) that has an expiration or beyond-use date brought     forward from the donated prescription drug or over-the-counter drug that will not expire before the use by the eligible patient based on the prescribing practitioner's directions for use or, for over-the-counter medicine, on the package's label; and(6) that is not adulterated or misbranded, as     determined by a pharmacist or practitioner.(b) Recipients shall, to the greatest extent practicable, dispense drugs received under this Act to priority patients.
(Source: P.A. 102-389, eff. 1-1-22.) (410 ILCS 715/25)Sec. 25. Requirements for accepting drugs.  A drug received but not yet accepted into inventory shall be kept in a separate designated area. A drug may be accepted under this Act only if all of the following requirements are met:(1) The drug is in unopened tamper-evident packaging     or has been repackaged according to Section 30.(2) The drug is not expired.(3) The drug is not a controlled substance.(4) The recipient maintains a written or electronic     record of a donation made under this Act consisting of the name, strength, and quantity of each accepted drug and the name, address, and telephone number of the donor, unless a recipient is further donating to a recipient under common ownership or common control. Notwithstanding any other law or rule, no other record of a donation is required.(5) The donor has removed or redacted any patient     name and prescription number and any other patient identifying information on the drug or otherwise maintains patient confidentiality by executing a confidentiality agreement with the recipient according to all State and federal medical patient privacy laws, rules, or regulations.(6) The drug has a method recognized by the United     States Pharmacopeia to detect improper temperature variations if the drug requires temperature control other than room temperature storage.  (Source: P.A. 102-389, eff. 1-1-22.) (410 ILCS 715/30)Sec. 30. Donating and repackaging.  Notwithstanding any other law or rule, a recipient may:(1) further donate drugs to another recipient;(2) repackage donated drugs as necessary for storage,     dispensing, administration, or transfers in accordance with the following:(A) repackaged medicine shall be labeled with the         drug's name, strength, and expiration date, and shall be kept in a separate designated area until inspected and initialed by a pharmacist, practitioner, or a pharmacy technician; and(B) if multiple packaged donated medicines with         varied expiration dates are repackaged together, the shortest expiration date shall be used; and(3) replenish a drug of the same drug name and     strength previously dispensed or administered to an eligible patient in accordance with Section 340B of the federal Public Health Service Act.(Source: P.A. 102-389, eff. 1-1-22.) (410 ILCS 715/35)Sec. 35. Disposition of drugs.  A donated drug that does not meet the requirements of Section 25 must be disposed of by returning it to the donor, destroying it by an incinerator, medical waste hauler, or other lawful method, or transferring it to a returns processor.  A record of disposal shall consist of the disposal method, the date of disposal, and the name and quantity of the drug disposed of.  Notwithstanding any other law or rule, no other record of disposal shall be required.
(Source: P.A. 102-389, eff. 1-1-22.) (410 ILCS 715/40)Sec. 40. Participation not required.  Nothing in this Act requires that a pharmacy or pharmacist be a recipient of drugs under this Act.
(Source: P.A. 102-389, eff. 1-1-22.) (410 ILCS 715/45)Sec. 45. Recordkeeping requirements. When performing any action associated with a program under this Act or otherwise processing a donated drug for tax, manufacturer, or other credit, a recipient shall be considered to be acting as a returns processor and shall comply with all recordkeeping requirements for nonsaleable returns under federal law. 
(Source: P.A. 102-389, eff. 1-1-22.) (410 ILCS 715/50)Sec. 50. Change of ownership.  A donation or other transfer of possession or control of a drug under this Act shall not be construed as a change of ownership unless it is specified as such by the recipient. If a record of the donation's transaction information or history is required, the history shall begin with the donor of the drug,  include all prior donations, and, if the drug was previously dispensed, only include drug information required to be on the patient label in accordance with the Board of Pharmacy's rules and regulations.
(Source: P.A. 102-389, eff. 1-1-22.) (410 ILCS 715/55)Sec. 55. Retention of records. All records required under this Act shall be retained in physical or electronic format and on or off the recipient's premises for a period of 6 years. Donors or recipients may contract with one another or a third party to create or maintain records on each other's behalf. An identifier, such as a serial number or bar code, may be used in place of any or all information required by a record or label pursuant to this Act if it allows for such information to be readily retrievable.  Upon request by a State or federal regulatory agency, the identifier used for requested records shall be replaced with the original information. An identifier shall not be used on patient labels when dispensing or administering a drug.
(Source: P.A. 102-389, eff. 1-1-22.) (410 ILCS 715/60)Sec. 60. Authority.  This Act supersedes any inconsistent law or rule for activities conducted under this Act.
(Source: P.A. 102-389, eff. 1-1-22.) (410 ILCS 715/65)Sec. 65. Immunity.(a) Except as provided in subsection (b), no manufacturer, donor, or recipient shall be liable in any criminal or civil action, or be subject to professional discipline, for activities solely and directly attributable to donating, receiving, or dispensing drugs under this Act.(b) The immunity provided in subsection (a) shall not apply:(1) if it is shown that the act or omission was an     unreasonable, willful, wanton, or reckless act;(2) if it is shown that the person or entity knew or     should have known that the donated drug was adulterated or misbranded; or(3) to acts or omissions outside the scope of a     program under this Act.(Source: P.A. 102-389, eff. 1-1-22.) (410 ILCS 715/90)Sec. 90. (Amendatory provisions; text omitted).
(Source: P.A. 102-389, eff. 1-1-22; text omitted.) (410 ILCS 715/95)Sec. 95. (Amendatory provisions; text omitted).
(Source: P.A. 102-389, eff. 1-1-22; text omitted.) (410 ILCS 715/100)Sec. 100. (Amendatory provisions; text omitted).
(Source: P.A. 102-389, eff. 1-1-22; text omitted.) (410 ILCS 715/105)Sec. 105. (Amendatory provisions; text omitted).
(Source: P.A. 102-389, eff. 1-1-22; text omitted.) (410 ILCS 715/110)Sec. 110. (Amendatory provisions; text omitted).
(Source: P.A. 102-389, eff. 1-1-22; text omitted.) (410 ILCS 715/115)Sec. 115. (Amendatory provisions; text omitted).
(Source: P.A. 102-389, eff. 1-1-22; text omitted.)
(410 ILCS 720/1)Sec. 1. Short title. This Act may be cited as the Drug Take-Back Act.
(Source: P.A. 102-1055, eff. 6-10-22.) (410 ILCS 720/5)Sec. 5. Findings. The General Assembly finds that:(1) A safe system for the collection and disposal of     unused, unwanted, and expired medicines is a key element of a comprehensive strategy to prevent prescription drug abuse and pharmaceutical pollution. Home medicine cabinets are full of unused and expired prescription drugs, only a fraction of which get disposed of properly.(2) Storing unused, unwanted, or expired medicines     can lead to accidental poisoning, drug abuse, and even drug trafficking, but disposing of medicines by flushing them down the toilet or placing them in the garbage can contaminate groundwater and other bodies of water, contributing to long-term harm to the environment and animal life.(3) Manufacturers of these drugs hold the ultimate     responsibility for the lasting impacts of the drugs they produce.(4) The General Assembly therefore finds that it is     in the interest of public health and environmental protection to establish a single, uniform, statewide system of regulation for safe and secure collection and disposal of medicines through a uniform drug "take-back" program operated and funded by drug manufacturers.(Source: P.A. 102-1055, eff. 6-10-22.) (410 ILCS 720/10)Sec. 10. Definitions. In this Act:"Agency" means the Environmental Protection Agency."Authorized collector" means any of the following who collect covered drugs through participation in a drug take-back program:(1) a person who is registered with the United States     Drug Enforcement Administration to collect controlled substances for the purpose of destruction;(2)  a law enforcement agency;(3) a unit of local government working in conjunction     with a law enforcement agency; or(4) a household waste drop-off point or one-day     household waste collection event, as those terms are defined in Section 22.55 of the Environmental Protection Act."Collection site" means the location where an authorized collector collects covered drugs as part of a drug take-back program under this Act."Consumer" means a person who possesses a covered drug for personal use or for the use of a member of the person's household."Covered drug" means a drug, legend drug, nonlegend drug, brand name drug, or generic drug.  "Covered drug" does not include:(1) a dietary supplement as defined by 21 U.S.C. 321     (ff);(2) drugs that are defined as Schedule I controlled     substances under the Illinois Controlled Substances Act or the federal Controlled Substances Act;(3) personal care products, including, but not     limited to, cosmetics, shampoos, sunscreens, lip balms, toothpastes, and antiperspirants, that are regulated as both cosmetics and nonprescription drugs under the federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301;(4) drugs for which manufacturers provide a     pharmaceutical product stewardship or drug take-back program as part of a federal managed risk evaluation and mitigation strategy under 21 U.S.C. 355-1;(5) biological products, as defined by 42 U.S.C.     262(i)(l);(6) drugs that are administered in a clinical setting;(7) emptied injector products or emptied medical     devices and their component parts or accessories;(8) needles or sharps;(9) pet pesticide products contained in pet collars,     powders, shampoos, topical applications, or other forms;(10) dialysate drugs or other saline solutions     required to perform kidney dialysis;(11) drugs sold at retail as a unit dose package; or(12) homeopathic drugs."Covered manufacturer" means a manufacturer of a covered drug that is sold or offered for sale in Illinois."Drug" has the same meaning as defined in Section 2.4 of the Illinois Food, Drug and Cosmetic Act."Drug take-back program" means a program implemented under this Act by a manufacturer program operator for the collection, transportation, and disposal of covered drugs."Generic drug" means a drug determined to be therapeutically equivalent to a brand name drug by the United States Food and Drug Administration and that is available for substitution in Illinois in accordance with the Illinois Food, Drug and Cosmetic Act and the Pharmacy Practice Act."Legend drug" has the same meaning as defined in Section 3.23 of the  Illinois Food, Drug and Cosmetic Act."Manufacturer program operator" means a covered manufacturer, a group of covered manufacturers, or an entity acting on behalf of a covered manufacturer or group of covered manufacturers, that implements a drug take-back program."Medical practitioner" has the same meaning as defined in Section 3.23 of the Illinois Food, Drug and Cosmetic Act."Nonlegend drug" means a drug that does not require dispensing by prescription and which is not restricted to use by practitioners only."Person" means any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, State agency, or any other legal entity, or their legal representative, agent, or assign."Pharmacy" has the meaning provided in Section 3 of the Pharmacy Practice Act. A "pharmacy" is not a covered manufacturer."Potential authorized collector" means a person who is eligible to be an authorized collector by participating in a drug take-back program."Prescription drug" has the same meaning as defined in Section 2.37 of the Illinois Food, Drug and Cosmetic Act."Private label distributor" has the same meaning as defined in 21 CFR 207.1. A private label distributor is not a covered manufacturer."Program year" means a calendar year, except that the first program year is from January 1, 2024 through December 31, 2024."Proprietary information" means information that is:(1) submitted under this Act;(2) a trade secret or commercial or financial     information that is privileged or confidential and is identified as such by the person providing the information; and(3) not required to be disclosed under any other law,     rule, or regulation affecting a covered drug, covered manufacturer, or pharmacy."Repackager" means a repacker as that term is defined in 21 CFR 207.1. A repackager is not a covered manufacturer.
(Source: P.A. 102-1055, eff. 6-10-22.) (410 ILCS 720/15)Sec. 15. Participation in a drug take-back program. Each covered manufacturer must, beginning January 1, 2024 or 6 months after becoming a covered manufacturer, whichever is later, individually or collectively implement an approved drug take-back program that complies with the requirements of this Act. A covered manufacturer must establish, fund, and implement a drug take-back program independently or as part of a group of covered manufacturers. 
(Source: P.A. 102-1055, eff. 6-10-22.) (410 ILCS 720/20)Sec. 20. Identification of covered manufacturers.(a) No later than April 1, 2023, each pharmacy, private label distributor, and repackager that sells or offers for sale in Illinois, under its own label, a covered drug must provide written notification to the Agency identifying the covered manufacturer from which the covered drug is obtained.(b) All covered manufacturers of covered drugs sold or offered for sale in Illinois must register with the Agency and pay to the Agency the annual registration fee as set forth under Section 60.
(Source: P.A. 102-1055, eff. 6-10-22.) (410 ILCS 720/25)Sec. 25. Drug take-back program requirements.(a) At least 120 days prior to submitting a proposal under Section 35, a manufacturer program operator must notify potential authorized collectors of the opportunity to serve as an authorized collector for the proposed drug take-back program. No later than 30 days after a potential authorized collector expresses interest in participating in a proposed program, the manufacturer program operator must commence good faith negotiations with the potential authorized collector regarding the collector's participation in the program.(b) A person may serve as an authorized collector for a drug take-back program voluntarily or in exchange for compensation. Nothing in this Act requires any person to serve as an authorized collector for a drug take-back program.(c) A pharmacy shall not be required to participate in a drug take-back program.(d) A drug take-back program must include as a collector any person who (i) is a potential authorized collector and (ii) offers to participate in the program. The manufacturer program operator must include the person in the program as an authorized collector no later than 90 days after receiving a written offer to participate.(e) A drug take-back program must pay for all administrative and operational costs of the drug take-back program, as outlined in subsection (a) of Section 55.(f) An authorized collector operating a drug take-back program collection site must accept all covered drugs from consumers during the hours that the location used as a collection site is normally open for business to the public.(g) A drug take-back program collection site must collect covered drugs and store them in compliance with State and federal law, including United States Drug Enforcement Administration regulations. The manufacturer program operator must provide for transportation and disposal of collected covered drugs in a manner that ensures each collection site is serviced as often as necessary to avoid reaching capacity and that collected covered drugs are transported to final disposal in a manner compliant with State and federal law, including a process for additional prompt collection service upon notification from the collection site. Covered drugs shall be disposed of at:(1) a permitted hazardous waste facility that meets     the requirements under 40 CFR 264 and 40 CFR 265;(2) a permitted municipal waste incinerator that     meets the requirements under 40 CFR 50 and 40 CFR 62; or(3) a permitted hospital, medical, and infectious     waste incinerator that meets the requirements under subpart HHH of 40 CFR part 62, an applicable State plan for existing hospital, medical, and infectious waste incinerators, or subpart Ec of 40 CFR part 60 for new hospital, medical, and infectious waste incinerators.(h) Authorized collectors must comply with all State and federal laws and regulations governing the collection, storage, and disposal of covered drugs, including United States Drug Enforcement Administration regulations.(i) A drug take-back program must provide for the collection, transportation, and disposal of covered drugs on an ongoing, year-round basis and must provide access for residents across the State as set forth in subsection (j).(j) A drug take-back program shall provide, in every county with a potential authorized collector, one authorized collection site and a minimum of at least one additional collection site for every 50,000 county residents, provided that there are enough potential authorized collectors offering to participate in the drug take-back program.All potential authorized collection sites that offer to participate in a drug take-back program shall be counted towards meeting the minimum number of authorized collection sites within a drug take-back program. Collection sites funded in part or in whole under a contract between a covered manufacturer and a pharmacy entered into on or before the effective date of this Act shall be counted towards the minimum requirements within this Section for so long as the contract continues.(k) A drug take-back program may include mail-back distribution locations or periodic collection events for each county in the State. The manufacturer program operator shall consult with each county authority identified in the written notice prior to preparing the program plan to determine the role that mail-back distribution locations or periodic collection events will have in the drug take-back program.The requirement to hold periodic collection events shall be deemed to be satisfied if a manufacturer program operator makes reasonable efforts to arrange periodic collection events but they cannot be scheduled due to lack of law enforcement availability.A drug take-back program must permit a consumer who is a homeless, homebound, or disabled individual to request prepaid, preaddressed mailing envelopes. A manufacturer program operator shall accept the request through a website and toll-free telephone number that it must maintain to comply with the requests.
 
(Source: P.A. 102-1055, eff. 6-10-22.) (410 ILCS 720/30)Sec. 30. Manufacturer program operator requirements. A manufacturer program operator shall:(1) Adopt policies and procedures to be followed by     persons handling covered drugs collected under the program to ensure compliance with State and federal laws, rules, and regulations, including regulations adopted by the United States Drug Enforcement Administration.(2) Ensure the security of patient information on     drug packaging during collection, transportation, recycling, and disposal.(3) Promote the program by providing consumers,     pharmacies, and other entities with educational and informational materials as required under Section 45.(4) Consider:(A) the use of existing providers of         pharmaceutical waste transportation and disposal services;(B) separation of covered drugs from packaging to         reduce transportation and disposal costs; and(C) recycling of drug packaging.
(Source: P.A. 102-1055, eff. 6-10-22.) (410 ILCS 720/35)Sec. 35. Drug take-back program approval.(a) By July 1, 2023, each covered manufacturer must individually or collectively submit to the Agency for review and approval a proposal for the establishment and implementation of a drug take-back program. The proposal must demonstrate that the drug take-back program will fulfill the requirements under Section 25. If the Agency receives more than one proposal for a drug take-back program, the Agency shall review all proposals in conjunction with one another  to ensure the proposals are coordinated to achieve the authorized collection site coverage set forth in subsection (j) of Section 25.(b) The Agency shall approve a proposed program if each covered manufacturer and manufacturer program operator participating in the program has registered and paid the fee under Section 60, the program proposal demonstrates the program fulfills the requirements under Section 25, and the proposal includes the following information on forms prescribed by the Agency:(1) The identity and contact information for the     manufacturer program operator and each participating covered manufacturer.(2) The identity and contact information for the     authorized collectors participating in the drug take-back program.(3) The identity of transporters and waste disposal     facilities that the program will use to transport and dispose of collected covered drugs.(4) The identity of all potential authorized     collectors that were notified of the opportunity to serve as an authorized collector, including how they were notified.(c) Within 90 days after receiving a drug take-back program proposal, the Agency shall either approve, reject, or approve with modification the proposal in writing to the manufacturer program operator. During this 90-day period, the Agency shall provide a 30-day public comment period on the drug take-back program proposal. If the Agency rejects the proposal, it shall provide the reason for rejection in the written notification to the manufacturer program operator.(d) No later than 90 days after receipt of a notice of rejection under subsection (c) of this Section, the manufacturer or manufacturers participating in the  program shall submit a revised proposal to the Agency. Within 90 days of receipt of a revised proposal the Agency shall either approve or reject the revised proposal in writing to the manufacturer program operator. During this 90-day period, the Agency shall provide a 30-day public comment period on the revised proposal.(e) After approval, covered manufacturers must, individually or collectively, initiate operation of a drug take-back program meeting the requirements under Section 25 no later than December 1, 2023.
(Source: P.A. 102-1055, eff. 6-10-22.) (410 ILCS 720/40)Sec. 40. Changes or modifications to the approved manufacturer drug take-back program. A manufacturer program operator shall maintain records for 5 years of any changes to an approved drug take-back program.  These include, but are not limited to, changes in:(1) participating covered manufacturers;(2) collection methods;(3) collection site locations; or(4) contact information for the program operator or     authorized collectors.(Source: P.A. 102-1055, eff. 6-10-22.) (410 ILCS 720/45)Sec. 45. Drug take-back program promotion. Each drug take-back program must include a system of promotion, education, and public outreach about the proper collection and management of covered drugs. If there is more than one drug take-back program operated by more than one manufacturer program operator, the requirements of this Section shall be implemented by all drug take-back programs collectively using a single toll-free number and website and similar education, outreach, and promotional materials. This may include, but is not limited to, signage, written materials to be provided at the time of purchase or delivery of covered drugs, and advertising or other promotional materials. At a minimum, promotion, education, and public outreach must include the following:(1) Promoting the proper management of drugs by     residents and the collection of covered drugs through a drug take-back program.(2) Discouraging residents from disposing of drugs in     household waste, sewers, or septic systems.(3) Promoting the use of the drug take-back program     so that where and how to return covered drugs is readily understandable to residents.(4) Maintaining a toll-free telephone number and     website publicizing collection options and collection sites, and discouraging improper disposal practices for covered drugs, such as disposal in household waste, sewers, or septic systems.(5) Preparing and distributing to program collection     sites, for dissemination to consumers, the educational and outreach materials. The materials must use plain language and explanatory images to make collection services and discouraged disposal practices readily understandable by residents, including residents with limited English proficiency.(6) Promotional materials prepared and distributed in     conjunction with an approved drug take-back program under this Section may not be used to promote in-home disposal products of any kind, including, but not limited to, in-home disposal products of authorized collectors participating in a drug take-back program.The program promotion requirements under this Section do not apply to any drug take-back program established prior to the effective date of this Act that provides promotional or educational materials to the public about the proper collection and management of covered drugs.
(Source: P.A. 102-1055, eff. 6-10-22.) (410 ILCS 720/50)Sec. 50. Annual program report.(a) By April 1, 2025, and each April 1  thereafter, a manufacturer program operator must submit to the Agency a report describing implementation of the drug take-back program during the previous calendar year. The report must include:(1) a list of the covered manufacturers participating     in the drug take-back program during the program year;(2) the total amount, by weight, of covered drugs     collected and the amount, by weight, from each collection method used during the program year, reported by county;(3) the total amount, by weight, of covered drugs     collected from each collection site during the prior year;(4) the following details regarding the program's     collection system:(A) a list of collection sites, with addresses;(B) collection sites where mailers to program         collection sites, for dissemination to consumers, and education and outreach materials were made available to the public;(C) dates and locations of collection events         held; and(D) the transporters and disposal facility or         facilities used to dispose of the covered drugs collected;(5) a description of the promotion, education, and     public outreach activities implemented;(6) a description of how collected packaging was     recycled to the extent feasible; and(7) an evaluation of the program's effectiveness in     collecting covered drugs during the program year and of any program changes that have been implemented.(Source: P.A. 102-1055, eff. 6-10-22.) (410 ILCS 720/55)Sec. 55. Manufacturer drug take-back program funding.(a) A covered manufacturer or group of covered manufacturers must pay all administrative and operational costs associated with establishing and implementing the drug take-back program in which it participates. Such administrative and operational costs include, but are not limited to:(1) collection and transportation supplies for each     collection site;(2) purchase of collection receptacles for each     collection site;(3) ongoing maintenance or replacement of collection     receptacles when requested by authorized collectors;(4) costs related to prepaid, preaddressed mail;(5) compensation of authorized collectors, if     applicable;(6) operation of periodic collection events,     including, but not limited to, the cost of law enforcement staff time;(7) transportation of all collected covered drugs to     final disposal;(8) proper disposal of all collected covered drugs in     compliance with State and federal laws, rules, and regulations; and(9)  program promotion and outreach.(b) A manufacturer program operator shall allocate to covered manufacturers participating in the drug take-back program the administration and operational costs of the programs. The method of cost allocation shall be included in the drug take-back program proposal required under Section 35.(c) A manufacturer program operator, covered manufacturer, authorized collector, or other person may not charge:(1) a specific point-of-sale fee to consumers to     recoup the costs of a drug take-back program;(2) a specific point-of-collection fee at the time     covered drugs are collected from a person; or(3) an increase in the cost of covered drugs to     recoup the costs of a drug take-back program.(d) A manufacturer program operator or covered manufacturer shall not charge any fee to an authorized collector or authorized collection site.(e) The funding requirements in this Section shall not apply to a pharmacy location that is part of an existing contractual agreement entered into prior to the effective date of this Act between a pharmacy and a covered manufacturer to fund in part or whole the collection, transportation, or disposal of a covered drug so long as that contractual arrangement continues.
(Source: P.A. 102-1055, eff. 6-10-22.) (410 ILCS 720/60)Sec. 60. Registration fee.(a) By January 1, 2023, and by January 1 of each year thereafter, each covered manufacturer and manufacturer program operator shall register with the Agency and submit to the Agency a $2,500 registration fee.(b) All fees collected under this Section must be deposited in the Solid Waste Management Fund to be used solely for the administration of this Act.
(Source: P.A. 102-1055, eff. 6-10-22.) (410 ILCS 720/65)Sec. 65. Rules; enforcement; penalties.(a) The Agency may adopt any rules it deems necessary to implement and administer this Act.(b) Except as otherwise provided in this Act, any person who violates any provision of this Act is liable for a civil penalty of $7,000 per violation per day, provided that the penalty for failure to register or pay a fee under this Act shall be double the applicable registration fee.(c) The penalties provided for in this Section may be recovered in a civil action brought in the name of the People of the State of Illinois by the State's Attorney of the county in which the violation occurred or by the Attorney General. Any penalties collected under this Section in an action in which the Attorney General has prevailed shall be deposited in the Environmental Protection Trust Fund.(d) The Attorney General or the State's Attorney of a county in which a violation occurs may institute a civil action for an injunction, prohibitory or mandatory, to restrain violations of this Act or to require such actions as may be necessary to address violations of this Act.(e) The penalties and injunctions provided in this Act are in addition to any penalties, injunctions, or other relief provided under any other law. Nothing in this Act bars a cause of action by the State for any other penalty, injunction, or other relief provided by any other law.(f) Any person who knowingly makes a false, fictitious, or fraudulent material statement, orally or in writing, to the Agency, related to or required by this Act or any rule adopted under this Act commits a Class 4 felony, and each such statement or writing shall be considered a separate Class 4 felony. A person who, after being convicted under this subsection (f), violates this subsection (f) a second or subsequent time, commits a Class 3 felony.
(Source: P.A. 102-1055, eff. 6-10-22.) (410 ILCS 720/70)Sec. 70. Antitrust immunity.  The activities authorized by this Act require collaboration among covered manufacturers and among authorized collectors. These activities will enable safe and secure collection and disposal of covered drugs in Illinois and are therefore in the best interest of the public. The benefits of collaboration, together with active State supervision, outweigh potential adverse impacts. Therefore, the General Assembly intends to exempt from State antitrust laws, and provide immunity through the state action doctrine from federal antitrust laws, activities that are undertaken pursuant to this Act that might otherwise be constrained by such laws. The General Assembly does not intend and does not authorize any person or entity to engage in activities not provided for by this Act, and the General Assembly neither exempts nor provides immunity for such activities.
(Source: P.A. 102-1055, eff. 6-10-22.) (410 ILCS 720/75)Sec. 75. Public disclosure. Proprietary information submitted to the Agency under this Act is exempted from disclosure as provided under paragraphs (g) and (mm) of subsection (1) of Section 7 of the Freedom of Information Act.
(Source: P.A. 102-1055, eff. 6-10-22.) (410 ILCS 720/90)Sec. 90. Home rule.(a) It is the intent of the General Assembly that, in order to ensure a uniform, statewide solution, on and after the effective date of this Act no unit of local government shall mandate that a new drug take-back or disposal program be created and no expansion or change of an existing program or program requirement by a unit of local government shall occur that is inconsistent with this Act.(b) A home rule municipality may not regulate  drug take-back programs in a manner inconsistent with the regulation by the State of drug take-back programs under this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 102-1055, eff. 6-10-22.) (410 ILCS 720/95)Sec. 95. (Amendatory provisions; text omitted).
(Source: P.A. 102-1055, eff. 6-10-22; text omitted.) (410 ILCS 720/100)Sec. 100. (Amendatory provisions; text omitted).
(Source: P.A. 102-1055, eff. 6-10-22; text omitted.) (410 ILCS 720/999)Sec. 999. Effective date. This Act takes effect upon becoming law. 
(Source: P.A. 102-1055, eff. 6-10-22.)
(410 ILCS 75/0.01) (from Ch. 23, par. 2358-30)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Smokeless Tobacco Outdoor Advertising Act.
		(Source: P.A. 86-1324.) (410 ILCS 75/1) (from Ch. 23, par. 2358-31)Sec. 1. 
		
		As used in this Act, "smokeless tobacco" means any loose,
cut, shredded, ground, powdered, compressed or leaf tobacco that is intended
to be placed in the mouth without being smoked.
		(Source: P.A. 85-518.) (410 ILCS 75/2) (from Ch. 23, par. 2358-32)Sec. 2. 
		
		All outdoor billboard advertisement for smokeless tobacco
shall bear one of the following statements:WARNING:  THIS PRODUCT MAY CAUSE MOUTH CANCER.WARNING:  THIS PRODUCT MAY CAUSE GUM DISEASE AND TOOTH LOSS.WARNING:  THIS PRODUCT IS NOT A SAFE ALTERNATIVE TO CIGARETTES.The warnings shall be rotated every 4 months by the manufacturer,
packager or importer of snuff and chewing tobacco products in an
alternating sequence in the advertisement for each brand of such tobacco
product.  Such warning shall appear in the format and type style prescribed
under 15 U.S.C. 1333 (b) (3), as amended.No other warning, format, or type style in any outdoor billboard
advertisement shall be required by any State or local statute or regulation.Any outdoor billboard advertisement that does not conform to the
provisions of this Section shall be deemed a nuisance affecting the public health.
		(Source: P.A. 85-518.)
(410 ILCS 76/1)Sec. 1. Short title. This Act may be cited as the Tobacco Products Compliance Act.
(Source: P.A. 101-582, eff. 8-26-19.) (410 ILCS 76/5)Sec. 5. Definitions. As used in this Act:"Person" means any individual, corporation, partnership, firm,
organization
or association."Tobacco product" means any product made or derived from tobacco, any product containing tobacco, or any product intended for or traditionally used with tobacco, including papers, wraps, tubes, and filters.  A product of a type that has, in the past, been used  in conjunction with tobacco or nicotine use will be deemed a "tobacco product" regardless of any labeling or descriptive language on such product stating that the product is not intended for use with tobacco or for non-tobacco use only or other similar language.
(Source: P.A. 101-582, eff. 8-26-19.) (410 ILCS 76/10)Sec. 10. Compliance reports.   Any person who manufactures any tobacco product in the State for distribution or sale in the United States shall be required to provide annually, by June 1, 2020 and by June 1 of each year thereafter, a written certification, including supporting evidence and documentation, of such person's compliance with Sections 903, 904, 905, and 920 of the federal Family Smoking Prevention and Tobacco Control Act to the Illinois Department of Public Health.  Such person will also be required to provide, for each tobacco product manufactured, sold, or distributed by the person (including all tobacco products manufactured in the State by the person and all other tobacco products sold or distributed by the person) written evidence and documentation that each such tobacco product, as required by the Tobacco Control Act, is one of the following: (i) "grandfathered" (that is, first introduced into interstate commerce for commercial distribution in the United States on or before February 15, 2007); (ii) "provisional" (that is, first introduced into interstate commerce for commercial distribution in the United States between February 15, 2007 and March 22, 2011, and for which a substantial equivalence report was submitted to the FDA by March 22, 2011); or (iii) determined to be "substantially equivalent" (that is, is the subject of a marketing authorization order from the FDA after review of a premarket submission intended to demonstrate substantial equivalence).
(Source: P.A. 101-582, eff. 8-26-19.) (410 ILCS 76/15)Sec. 15. Private right of action. To enforce against a violation of the Act or any rule adopted under this Act by any local government or political subdivision as described in this Act, any interested party may file suit in circuit court in the county where the alleged violation occurred or where any person who is a party to the action resides. Actions may be brought by one or more persons for and on behalf of themselves and other persons similarly situated. If the interested party prevails in its enforcement action, it will be entitled to recover damages of 3 times its attorney's fees and costs, and, in addition, the court or other adjudicating body, at its discretion, may assess punitive damages for any wanton or flagrant violation of the law.
(Source: P.A. 101-582, eff. 8-26-19.) (410 ILCS 76/20)Sec. 20. Rulemaking. The Department of Public Health shall adopt rules for the administration and enforcement of this Act.
(Source: P.A. 101-582, eff. 8-26-19.) (410 ILCS 76/99)Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 101-582, eff. 8-26-19.)
(410 ILCS 82/1)Sec. 1. Short title. This Act may be cited as the Smoke Free Illinois Act.
(Source: P.A. 95-17, eff. 1-1-08.) (410 ILCS 82/5)Sec. 5. Findings. The General Assembly finds that tobacco smoke is
a harmful and dangerous carcinogen to human beings and a hazard to public health. Secondhand tobacco smoke causes at least 65,000 deaths each year from heart disease and lung cancer according to the National Cancer Institute.  Secondhand tobacco smoke causes heart disease, stroke, cancer, sudden infant death syndrome, low-birth-weight in infants, asthma and exacerbation of asthma, bronchitis and pneumonia in children and adults.  Secondhand tobacco smoke is the third leading cause of preventable death in the United States. Illinois workers exposed to secondhand tobacco smoke are at increased risk of premature death.  An estimated 2,900 Illinois citizens die each year from exposure to secondhand tobacco smoke.The General Assembly also finds that the United States Surgeon General's 2006 report has determined that there is no risk-free level of exposure to secondhand smoke; the scientific evidence that secondhand smoke causes serious diseases, including lung cancer, heart disease, and respiratory illnesses such as bronchitis and asthma, is massive and conclusive; separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot eliminate secondhand smoke exposure; smoke-free workplace policies are effective in reducing secondhand smoke exposure; and  smoke-free workplace policies do not have an adverse economic impact on the hospitality industry.The General Assembly also finds that the Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are capable only of filtering the particulate matter and odors in smoke, do not eliminate the known toxins in secondhand smoke. The American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) bases its ventilation standards on totally smoke-free environments because it cannot determine a safe level of exposure to secondhand smoke, which contains cancer-causing chemicals, and ASHRAE acknowledges that technology does not exist that can remove chemicals that cause cancer from the air.  A June 30, 2005 ASHRAE position document on secondhand smoke concludes that, at present, the only means of eliminating health risks associated with indoor exposure is to eliminate all smoking activity indoors. 
(Source: P.A. 95-17, eff. 1-1-08.) (410 ILCS 82/10)Sec. 10. Definitions. In this Act:"Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and that derives no more than 10% of its gross revenue from the sale of food consumed on the premises. "Bar" includes, but is not limited to, taverns, nightclubs, cocktail lounges, adult entertainment facilities, and cabarets."Department" means the Department of Public Health."Employee" means a person who is employed by an employer in consideration for direct or indirect monetary wages or profits or a person who volunteers his or her services for a non-profit entity."Employer" means a person, business, partnership, association, or corporation, including a municipal corporation, trust, or non-profit entity, that employs the services of one or more individual persons."Enclosed area" means all space between a floor and a ceiling that is enclosed or partially enclosed with (i) solid walls or windows, exclusive of doorways, or (ii) solid walls with partitions and no windows, exclusive of doorways, that extend from the floor to the ceiling, including, without limitation, lobbies and corridors."Enclosed or partially enclosed sports arena" means any sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller rink, ice rink, bowling alley, or other similar place where members of the general public assemble to engage in physical exercise or participate in athletic competitions or recreational activities or to witness sports, cultural, recreational, or other events."Gaming equipment or supplies" means gaming equipment/supplies as defined in the Illinois Gaming Board Rules of the Illinois Administrative Code."Gaming facility" means an establishment utilized primarily for the purposes of gaming and where gaming equipment or  supplies are operated for the purposes of accruing business revenue."Healthcare facility" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals, weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions.  "Healthcare facility" includes all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within healthcare facilities."Place of employment" means any area under the control of a public or private employer that employees are required to enter, leave, or pass through during the course of employment, including, but not limited to entrances and exits to places of employment, including a minimum distance, as set forth in Section 70 of this Act, of 15 feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited; offices and work areas; restrooms; conference and classrooms; break rooms and cafeterias; and other common areas. A private residence or home-based business, unless used to provide licensed child care, foster care, adult care, or other similar social service care on the premises, is not a "place of employment", nor are enclosed laboratories, not open to the public, in an accredited
university or government facility where the activity of smoking is
exclusively conducted for the purpose of medical or scientific health-related research. Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized."Private club" means   a not-for-profit association that (1) has been in active and continuous existence for at least 3 years prior to the effective date of this amendatory Act of the 95th General Assembly,  whether incorporated or not, (2) is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, (3) is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and (4) only sells alcoholic beverages incidental to its operation. For purposes of this definition, "private club" means an organization that is managed by a board of directors, executive committee, or similar body chosen by the members at an annual meeting, has established bylaws, a constitution, or both to govern its activities, and has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. 501."Private residence" means the part of a structure used as a dwelling, including, without limitation: a private home, townhouse, condominium, apartment, mobile home, vacation home, cabin, or cottage. For the purposes of this definition, a hotel, motel, inn, resort, lodge, bed and breakfast or other similar public accommodation, hospital, nursing home, or assisted living facility shall not be considered a private residence."Public place" means that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the State of Illinois, or any other public entity and regardless of whether a fee is charged for admission, including a minimum distance, as set forth in Section 70 of this Act, of 15 feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited.  A "public place" does not include a private residence unless the private residence is used to provide licensed child care, foster care, or other similar social service care on the premises. A "public place" includes, but is not limited to,
hospitals, restaurants, retail stores, offices, commercial establishments,
elevators, indoor theaters, libraries, museums, concert halls, public
conveyances, educational facilities, nursing homes, auditoriums, enclosed or partially enclosed sports arenas,
 meeting rooms, schools, exhibition halls, convention facilities, polling places, private clubs, gaming facilities, all government owned vehicles and facilities, including buildings and vehicles owned, leased, or operated by the State or State subcontract, healthcare facilities or clinics, enclosed shopping centers, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, public restrooms, waiting areas, lobbies, bars, taverns, bowling alleys, skating rinks, reception areas, and no less than 75% of the sleeping quarters within a hotel, motel, resort, inn, lodge, bed and breakfast, or other similar public accommodation that are rented to guests, but excludes private residences."Restaurant" means (i) an eating establishment, including, but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, that gives or offers for sale food to the public, guests, or employees, and (ii) a kitchen or catering facility in which food is prepared on the premises for serving elsewhere.  "Restaurant" includes a bar area within the restaurant."Retail tobacco store" means a retail establishment that derives more than 80% of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental.  "Retail tobacco store" includes an enclosed workplace that manufactures, imports, or distributes tobacco or tobacco products, when, as a necessary and integral part of the process of making, manufacturing, importing, or distributing a tobacco product for the eventual retail sale of that tobacco or tobacco product, tobacco is heated, burned, or smoked, or a lighted tobacco product is tested, provided that the involved business entity: (1) maintains a specially designated area or areas within the workplace for the purpose of the heating, burning, smoking, or lighting activities, and does not create a facility that permits smoking throughout; (2) satisfies the 80% requirement related to gross sales; and (3) delivers tobacco products to consumers, retail establishments, or other wholesale establishments as part of its business. "Retail tobacco store" does not include a tobacco department or section of a larger commercial establishment or any establishment with any type of liquor, food, or restaurant license. Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized."Smoke" or "smoking" means the carrying, smoking, burning, inhaling, or exhaling of any kind of lighted pipe, cigar, cigarette, hookah, weed, herbs, or any other lighted smoking equipment. "Smoke" or "smoking" does not include smoking that is associated with a native recognized religious ceremony, ritual, or activity by American Indians that is in accordance with the federal American Indian Religious Freedom Act, 42 U.S.C. 1996 and 1996a."State agency" has the meaning formerly ascribed to it in subsection
(a) of Section 3 of the Illinois Purchasing Act (now repealed)."Unit of local government" has the meaning ascribed to it in Section
1 of Article VII of the Illinois Constitution of 1970.
(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; 96-797, eff. 1-1-10.) (410 ILCS 82/15)Sec. 15. Smoking in public places, places of employment, and governmental vehicles prohibited. No person shall smoke in a public place or in any place of employment or within 15 feet of any entrance to a public place or place of employment. No person may smoke in any vehicle owned, leased, or operated by the State or a political subdivision of the State. An owner shall reasonably assure that smoking is prohibited in indoor public places and workplaces unless specifically exempted by Section 35 of this Act.
(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09.) (410 ILCS 82/20)Sec. 20. Posting of signs; removal of ashtrays.(a)  "No Smoking" signs or the international "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, shall be clearly and conspicuously posted in each public place and place of employment where smoking is prohibited by this Act by the owner, operator, manager, or other person in control of that place.(b)  Each public place and place of employment where smoking is prohibited by this Act shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.(c)  All ashtrays shall be removed from any area where smoking is prohibited by this Act by the owner, operator, manager, or other person having control of the area.
(Source: P.A. 95-17, eff. 1-1-08.) (410 ILCS 82/25)Sec. 25. Smoking prohibited in student dormitories. Notwithstanding any other provision of this Act, smoking is prohibited in any portion of the living quarters, including, but not limited to, sleeping rooms, dining areas, restrooms, laundry areas, lobbies, and hallways, of a building used in whole or in part as a student dormitory that is owned and operated or otherwise utilized by a public or private institution of higher education.
(Source: P.A. 95-17, eff. 1-1-08.) (410 ILCS 82/30)Sec. 30. Designation of other nonsmoking areas. Notwithstanding any other provision of this Act, any employer, owner, occupant, lessee, operator, manager, or other person in control of any public place or place of employment may designate a non-enclosed area of a public place or place of employment, including outdoor areas, as an area where smoking is also prohibited provided that such employer, owner, lessee or occupant shall conspicuously post signs prohibiting smoking in the manner described in subsections (a) and (b) of Section 20  of this Act.
(Source: P.A. 95-17, eff. 1-1-08.) (410 ILCS 82/35)Sec. 35. Exemptions. Notwithstanding any other provision of this Act, smoking is allowed in the following areas:(1) Private residences or dwelling places, except     when used as a child care, adult day care, or healthcare facility or any other home-based business open to the public.(2) Retail tobacco stores as defined in Section 10      of this Act in operation prior to the effective date of this amendatory Act of the 95th General Assembly.  The retail tobacco store shall annually file with the Department by January 31st an affidavit stating the percentage of its gross income during the prior calendar year that was derived from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, or other smoking devices for smoking tobacco and related smoking accessories.  Any retail tobacco store that begins operation after the effective date of this amendatory Act may only qualify for an exemption if located in a freestanding structure occupied solely by the business and smoke from the business does not migrate into an enclosed area where smoking is prohibited. A retail tobacco store may, with authorization or permission from a unit of local government, including a home rule unit, or any non-home rule county within the unincorporated territory of the county, allow the on-premises consumption of cannabis in a specially designated areas.(3) (Blank).(4) Hotel and motel sleeping rooms that are rented to     guests and are designated as smoking rooms, provided that all smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into nonsmoking rooms or other areas where smoking is prohibited.  Not more than 25% of the rooms rented to guests in a hotel or motel may be designated as rooms where smoking is allowed.  The status of rooms as smoking or nonsmoking may not be changed, except to permanently add additional nonsmoking rooms.(5) Enclosed laboratories that are excluded from the     definition of "place of employment" in Section 10 of this Act. Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized.(6) Common smoking rooms in long-term care facilities     operated under the authority of the Illinois Department of Veterans' Affairs or licensed under the Nursing Home Care Act that are accessible only to residents who are smokers and have requested in writing to have access to the common smoking room where smoking is permitted and the smoke shall not infiltrate other areas of the long-term care facility. Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized.(7) A convention hall of the Donald E. Stephens     Convention Center where a meeting or trade show for manufacturers and suppliers of tobacco and tobacco products and accessories is being held, during the time the meeting or trade show is occurring, if the meeting or trade show:(i) is a trade-only event and not open to   the          public;(ii) is limited to attendees and exhibitors that           are 21 years of age or older;(iii) is being produced or organized by a         business relating to tobacco or a  professional  association for  convenience stores; and(iv) involves the display of tobacco products.Smoking is not allowed  in any public area outside of     the  hall  designated  for  the meeting  or  trade  show.This paragraph (7) is inoperative on and after     October 1, 2015.(8) A dispensing organization, as defined in the     Cannabis Regulation and Tax Act, authorized or permitted by a unit local government to allow on-site consumption of cannabis, if the establishment: (1) maintains a specially designated area or areas for the purpose of heating, burning, smoking, or lighting cannabis; (2) is limited to individuals 21 or older; and (3) maintains a locked door or barrier to any specially designated areas for the purpose of heating, burning, smoking or lighting cannabis. (Source: P.A. 101-593, eff. 12-4-19.) (410 ILCS 82/40)Sec. 40. Enforcement; complaints.(a) The Department, State-certified local public health departments, and local, Department of Natural Resources, and Illinois State Police law enforcement agencies shall enforce the provisions of this Act through the issuance of citations and may assess civil penalties pursuant to Section 45 of this Act.(a-2) The citations issued pursuant to this Act shall conspicuously include the following:(1) the name of the offense and its statutory     reference;(2) the nature and elements of the violation;(3) the date and location of the violation;(4) the name of the enforcing agency;(5) the name of the violator;(6) the amount of the imposed civil penalty and the     location where the violator can pay the civil penalty without objection;(7) the address and phone number of the enforcing     agency where the violator can request a hearing before the Department to contest the imposition of the civil penalty imposed by the citation under the rules and procedures of the Illinois Administrative Procedure Act;(8) the time period in which to pay the civil penalty     or to request a hearing to contest the imposition of the civil penalty imposed by the citation; and(9) the verified signature of the person issuing the     citation.(a-3) One copy of the citation shall be provided to the violator, one copy shall be retained by the enforcing agency, and one copy shall be provided to the entity otherwise authorized by the enforcing agency to receive civil penalties on their behalf.(b) Any person may register a complaint with the Department, a State-certified local public health department, or a law enforcement agency for a violation of this Act. The Department shall establish a telephone number that a person may call to register a complaint under this subsection (b).(c) The Department shall afford a violator the opportunity to pay the civil penalty without objection or to contest the citation in accordance with the Illinois Administrative Procedure Act, except that in case of a conflict between the Illinois Administrative Procedure Act and this Act, the provisions of this Act shall control.(d) Upon receipt of a request for hearing to contest the imposition of a civil penalty imposed by a citation, the enforcing agency shall immediately forward a copy of the citation and notice of the request for hearing to the Department for initiation of a hearing conducted in accordance with the Illinois Administrative Procedure Act and the rules established thereto by the Department applicable to contested cases, except that in case of a conflict between the Illinois Administrative Procedure Act and this Act, the provisions of this Act shall control. Parties to the hearing shall be the enforcing agency and the violator.The Department shall notify the violator in writing of the time, place, and location of the hearing. The hearing shall be conducted at the nearest regional office of the Department, or in a location contracted by the Department in the county where the citation was issued.(e) Civil penalties imposed under this Act may be collected in accordance with all methods otherwise available to the enforcing agency or the Department, except that there shall be no collection efforts during the pendency of the hearing before the Department.(f) Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 102-538, eff. 8-20-21.) (410 ILCS 82/45)Sec. 45. Violations.(a) A person, corporation, partnership, association or other
entity who violates Section 15 or 20 of this Act shall be liable for a civil penalty pursuant to this Section. Each day that a violation occurs is a separate violation.(b) A person who smokes in an area where smoking is prohibited under Section 15 of this Act shall be liable for a civil penalty in an amount that is  $100 for a first offense and $250 for each subsequent offense. A person who owns, operates, or otherwise controls a public place or place of employment that violates Section 15 or 20 of this Act shall be liable for a civil penalty of (i) $250 for the first violation, (ii) $500 for the second violation within one year after the first violation, and (iii) $2,500 for each additional violation within one year after the first violation.(c) A civil penalty imposed under this Section shall be allocated as follows:(1) one-half of the civil penalty shall be     distributed to the Department; and(2) one-half of the civil penalty shall be     distributed to the enforcing agency.With respect to funds designated for the Illinois State Police under this subsection, the Illinois State Police shall deposit the moneys into the State Police Operations Assistance Fund. With respect to funds designated for the Department of Natural Resources under this subsection, the Department of Natural Resources shall deposit the moneys into the Conservation Police Operations Assistance Fund.(d) Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 102-538, eff. 8-20-21.) (410 ILCS 82/50)Sec. 50. Injunctions. In addition to any other sanction or remedy, the Department, a State-certified local public health department, law enforcement agency, or any individual
personally affected by repeated violations may institute, in a circuit court,
an action to enjoin violations of this Act.

(Source: P.A. 100-877, eff. 1-1-19.) (410 ILCS 82/55)Sec. 55. Discrimination prohibited. No individual may be discriminated against in any manner
because of the exercise of any rights afforded by this Act.
(Source: P.A. 95-17, eff. 1-1-08.) (410 ILCS 82/60)Sec. 60. Severability. If any provision, clause or paragraph of this Act shall be
held invalid by a court of competent jurisdiction, such invalidity shall not
affect the other provisions of this Act.
(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09.) (410 ILCS 82/65)Sec. 65. Home rule and other local regulation.(a) Any home rule
unit
of local government, any non-home rule municipality, or  any non-home rule county within the unincorporated territory of the county

may regulate smoking in public places, but that regulation
must be no less restrictive than this Act.  This subsection (a)
is a limitation on the concurrent exercise of home rule power under subsection
(i) of Section 6 of Article VII of the Illinois Constitution.(b) In addition to any regulation authorized under subsection (a) or authorized under home rule powers, any home rule unit of local government, any non-home rule municipality, or any non-home rule county within the unincorporated territory of the county may regulate smoking in any enclosed indoor area used by the public or serving as a place of work if the area does not fall within the definition of a "public place" under this Act.

(Source: P.A. 95-17, eff. 1-1-08.) (410 ILCS 82/70)Sec. 70. Entrances, exits, windows, and ventilation intakes. Smoking is prohibited within a minimum distance of 15 feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited under this Act so as to ensure that tobacco smoke does not enter the area through entrances, exits, open windows, or other means.
(Source: P.A. 95-17, eff. 1-1-08.) (410 ILCS 82/75)Sec. 75. Rules. The Department shall adopt rules necessary for the administration of this Act.
(Source: P.A. 95-17, eff. 1-1-08.) (410 ILCS 82/80)Sec. 80. (Amendatory provisions; text omitted).
(Source: P.A. 95-17, eff. 1-1-08; text omitted.) (410 ILCS 82/90)Sec. 90. The Illinois Clean Indoor Air Act is repealed.
(Source: P.A. 95-17, eff. 1-1-08.)
(410 ILCS 83/1) (was 720 ILCS 560/1)Sec. 1. 
		
		This Act shall be known and may be cited as the "Illinois
Clean Public Elevator Air Act".
		(Source: P.A. 86-367.) (410 ILCS 83/2) (was 720 ILCS 560/2)Sec. 2. 
		
		The General Assembly finds that smoking on elevators is a
fire hazard and a danger to public safety and that tobacco smoke is annoying,
harmful and dangerous to human beings and a hazard to public health.
		(Source: P.A. 86-367.) (410 ILCS 83/3) (was 720 ILCS 560/3)Sec. 3. 
		
		No person shall smoke or possess a lighted
cigarette, cigar, pipe or any other form of tobacco or similar substance
used for smoking on any elevator in this State.
		(Source: P.A. 86-367.) (410 ILCS 83/4) (was 720 ILCS 560/4)Sec. 4. 
		
		Any person who violates the provisions of this Act is guilty
of a petty offense punishable by a fine of not less than $25 nor more than
$250.
		(Source: P.A. 86-367.)
(410 ILCS 85/1) (from Ch. 111 1/2, par. 8231)Sec. 1. 
		Short title. 
		This Act may be cited as the Cigarette Health Warning Act.
		(Source: P.A. 87-572.) (410 ILCS 85/2) (from Ch. 111 1/2, par. 8232)Sec. 2. 
		Legislative Findings. 
		The General Assembly finds
that there is a need for public information about the risk of
harm to unborn children when women smoke cigarettes during
pregnancy.  The United States Surgeon General has recommended
abstinence from cigarette smoking during pregnancy. Since the
adverse effects of cigarette smoking during pregnancy are
preventable, the General Assembly finds that it is in the public
interest to provide warnings at places where cigarettes are sold
about the risks of cigarette smoking during pregnancy.
		(Source: P.A. 87-572.) (410 ILCS 85/3) (from Ch. 111 1/2, par. 8233)Sec. 3. 
		Definitions. 
		As used in this Act:"Cigarette vending machine" means any mechanical device used or intended
to be used for retail sales of cigarettes, the operation of which is
governed or controlled by the deposit of currency, a coin, or a token."Department" means the Department of Public Health.
		(Source: P.A. 87-572.) (410 ILCS 85/4) (from Ch. 111 1/2, par. 8234)Sec. 4. 
		Display of Warning Signs.(a) No person may sell cigarettes at retail using a cigarette vending
machine unless a sign with the message "SURGEON GENERAL'S WARNING:  SMOKING
BY PREGNANT WOMEN MAY RESULT IN FETAL INJURY, PREMATURE BIRTH, AND LOW
BIRTH WEIGHT" is displayed in plain view on the machine.(b) No person may sell or offer to sell cigarettes at retail unless a
sign with the message "SURGEON GENERAL'S WARNING: SMOKING BY PREGNANT WOMEN
MAY RESULT IN FETAL INJURY, PREMATURE BIRTH, AND LOW BIRTH WEIGHT" is
posted in a conspicuous place upon the premises.  This subsection (b) does
not apply to sales of cigarettes through cigarette vending machines to
which subsection (a) applies.
		(Source: P.A. 87-572.) (410 ILCS 85/5) (from Ch. 111 1/2, par. 8235)Sec. 5. 
		Specifications Regarding Signs. 
		All signs required under
this Act shall be printed on white cards in red letters at least one-half
inch in height.All signs required to be displayed under this Act shall be in place not
later than 120 days after the effective date of this Act and shall be
continuously displayed thereafter.
		(Source: P.A. 87-572.) (410 ILCS 85/6) (from Ch. 111 1/2, par. 8236)Sec. 6. 
		Penalties. 
		Failure to display a warning sign as required by
this Act is a business offense for which a fine not to exceed $1,000 may be
imposed.  Each day of failure to display a warning sign as required by this
Act constitutes a separate offense.
		(Source: P.A. 87-572.)
(410 ILCS 86/1)Sec. 1. Short title. This Act may be cited as the Preventing Youth Vaping Act.
(Source: P.A. 102-575, eff. 1-1-22.) (410 ILCS 86/5)Sec. 5. Definitions. In this Act:"Additive" means any substance the intended use of which results or may reasonably be expected to result, directly or indirectly, in it becoming a component or otherwise affecting the characteristic of any tobacco product, including, but not limited to, any substances intended for use as a flavoring or coloring or in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding. "Additive" does not include tobacco or a pesticide chemical residue in or on raw tobacco or a pesticide chemical."Consumer" means an individual who acquires or seeks to acquire electronic cigarettes for personal use."Distributor" means a person who sells, offers for sale, or transfers any tobacco, electronic cigarette, or tobacco product for resale and not for use or consumption. "Distributor" includes a distributor as defined in Section 1 of the Cigarette Tax Act, Section 1 of the Cigarette Use Tax Act, and Section 10-5 of the Tobacco Products Tax Act of 1995."Electronic cigarette" means:(1) any device that employs a battery or other     mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation;(2) any cartridge or container of a solution or     substance intended to be used with or in the device or to refill the device; or(3) any solution or substance, whether or not it     contains nicotine, intended for use in the device."Electronic cigarette" includes, but is not limited to, any electronic nicotine delivery system, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, or similar product or device, and any component, part, or accessory of a device used during the operation of the device even if the part or accessory was sold separately. "Electronic cigarette" does not include: cigarettes, as defined in Section 1 of the Cigarette Tax Act; any product approved by the United States Food and Drug Administration for sale as a smoking cessation product, a tobacco dependence product, or for other medical purposes that is marketed and sold solely for that approved purpose; any asthma inhaler prescribed by a physician for that condition that is marketed and sold solely for that approved purpose; any device that meets the definition of cannabis paraphernalia under Section 1-10 of the Cannabis Regulation and Tax Act; or any cannabis product sold by a dispensing organization pursuant to the Cannabis Regulation and Tax Act or the Compassionate Use of Medical Cannabis Program Act."Manufacturer" means any person, wherever resident or located, who manufactures and sells tobacco products. "Manufacturer" does not include a person who makes, manufactures, or fabricates tobacco products as a part of a correctional industries program for sale to persons incarcerated in penal institutions or resident patients of a State-operated mental health facility."Modified risk tobacco product" means any tobacco product that is sold or distributed to reduce harm or the risk of tobacco related disease associated with commercially marketed tobacco products."Person" means any individual, corporation, partnership, limited liability company, association, or other organization that engages in any for-profit or not-for-profit activities."Retailer" means a person who engages in this State in the sale of or offers for sale electronic cigarettes for use or consumption and not for resale in any form. "Retailer" includes a retailer as defined in Section 1 of the Cigarette Tax Act and Section 10-5 of the Tobacco Products Tax Act of 1995."Secondary distributor" has the same meaning as defined in Section 1 of the Cigarette Tax Act and Section 1 of the Cigarette Use Tax Act."Tobacco product" has the same meaning as defined in Section 10-5 of the Tobacco Products Tax Act of 1995.
(Source: P.A. 102-575, eff. 1-1-22.) (410 ILCS 86/10)Sec. 10. Enforcement; rulemaking.(a) The Department of Revenue may adopt rules that are reasonable, necessary, and related to the administration and enforcement of this Act.(b) The Department of Revenue, the Department of Public Health, a local public health department, the Department of Human Services, the Illinois State Police, a county sheriff, and a municipal police department may inspect any business that sells, manufactures, transports, or distributes electronic cigarettes in the State to ensure compliance with this Act.
(Source: P.A. 102-575, eff. 1-1-22.) (410 ILCS 86/15)Sec. 15. Prohibitions.(a) It is unlawful for a person to do any of the following:(1) To sell or distribute in this State; to acquire,     hold, own, possess, or transport, for sale or distribution in this State; or to import, or cause to be imported into this State for sale or distribution in this State:(A) any electronic cigarette with packaging that:(i) bears any statement, label, stamp,             sticker, or notice indicating that the manufacturer did not intend the electronic cigarette to be sold, distributed, or used in the United States, including, but not limited to, labels stating "For Export Only", "U.S. Tax Exempt", "For Use Outside U.S.", or similar wording; or(ii) does not comply with:(I) all requirements imposed by or                 pursuant to federal law regarding warnings and other information on packages of electronic cigarettes manufactured, packaged, or imported for sale, distribution, or use in the United States; and(II) all federal trademark and copyright                 laws; and(B) any electronic cigarette that the person         otherwise knows or has reason to know the manufacturer did not intend to be sold, distributed, or used in the United States.(2) To alter the packaging of an electronic     cigarette, prior to sale or distribution to the ultimate consumer, so as to remove, conceal, or obscure any statement, label, stamp, sticker, or notice required under this Section or federal law.(3) To affix any stamp required under this Act to the     packaging of any electronic cigarettes described in subparagraph (A) of paragraph (1) or altered in violation of subparagraph (A) of paragraph (1).(4) To adulterate an electronic cigarette for sale in     this State. An electronic cigarette is adulterated if:(A) it consists in whole or in part of any         filthy, putrid, or decomposed substance, or is otherwise contaminated by any added poisonous or deleterious substance that may render the product injurious to health;(B) it is held or packaged in containers         composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health; or(C) it is required by 21 U.S.C. 387j(a) to have         premarket review and does not have an order in effect under 21 U.S.C. 387j(c)(1)(A)(i) or is in violation of an order under 21 U.S.C. 387j(c)(1)(A).Electronic cigarettes first sold prior to August 8, 2016 and for which a premarket tobacco product application was submitted to the U.S. Food and Drug Administration by September 9, 2020 shall not be deemed to be adulterated under subparagraph (C) of paragraph (4) of this subsection.(b) A distributor, secondary distributor, retailer, or person who violates this Section shall be guilty of a Class 4 felony.(c) Any violation of this Act shall be reported to the Department of Revenue within 7 business days.
(Source: P.A. 102-575, eff. 1-1-22.) (410 ILCS 86/20)Sec. 20. Additives. An electronic cigarette for sale in this State shall not include the following additives:(1) polyethylene glycol (PEG);(2) vitamin E acetate; or(3) medium chain triglycerides (MCT oil).
(Source: P.A. 102-575, eff. 1-1-22.) (410 ILCS 86/25)Sec. 25. Advertising.(a) A manufacturer, distributor, or retailer may not advertise, market, or promote an electronic cigarette as a modified risk tobacco product unless it has been designated as a modified risk tobacco product by the United States Food and Drug Administration.(b) A manufacturer, distributor, or retailer may not advertise, market, or promote or advertise an electronic cigarette as providing smoking cessation benefits to consumers unless it has approval from the United States Food and Drug Administration to market its electronic cigarette as a medical product for such purpose.(c) A manufacturer, distributor, or retailer may not advertise, market, or promote an electronic cigarette in a manner that includes fraudulent or misleading terms or statements.(d) A manufacturer, distributor, or retailer may not advertise, market, or promote an electronic cigarette in a manner that:(1) encourages persons under 21 years of age to use     an electronic cigarette; or(2) is attractive to persons under 21 years of age,     including, but not limited to, inclusion of the following:(A) cartoons;(B) an image, character, or phrase that is         similar to one popularly used to advertise to children; or(C) a video game, movie, video, or animated         television show known to appeal primarily to persons under 21 years of age.(Source: P.A. 102-575, eff. 1-1-22.) (410 ILCS 86/30)Sec. 30. Manufacturer requirements.  A manufacturer shall ensure that the label on an electronic cigarette container meets the nicotine addictiveness warning statement requirements under 21 CFR 1143.3.
(Source: P.A. 102-575, eff. 1-1-22.) (410 ILCS 86/35)Sec. 35. Violations.(a) Upon a finding that a distributor, secondary distributor, retailer, or person has committed any of the conduct prohibited under this Act or any rule adopted under this Act, knowing or having reason to know that he or she has done so, the Department of Revenue may: revoke or suspend the license or licenses of the distributor, secondary distributor, retailer, or person pursuant to the procedures set forth in the Cigarette Tax Act, Cigarette Use Tax Act, or the Tobacco Products Tax Act of 1995; and impose on the distributor, secondary distributor, retailer, or person a civil penalty in an amount not to exceed the greater of 500% of the retail value of the electronic cigarettes involved or $10,000.(b) Electronic cigarettes that are acquired in, held in, owned in, possessed in, transported within, imported into, or sold or distributed across this State in violation of this Act shall be deemed contraband under this Act and are subject to seizure and forfeiture as provided in subsection (g) of Section 1 of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, and all such electronic cigarettes seized and forfeited shall be destroyed or maintained and used in an undercover capacity. Such electronic cigarettes shall be deemed contraband whether the violation of this Act is knowing or otherwise.(c) The Attorney General may enforce violations of Section 15 or 25 of this Act as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.
(Source: P.A. 102-575, eff. 1-1-22.) (410 ILCS 86/40)Sec. 40. (Amendatory provisions; text omitted).
(Source: P.A. 102-575, eff. 1-1-22; text omitted.) (410 ILCS 86/45)Sec. 45. (Amendatory provisions; text omitted).
(Source: P.A. 102-575, eff. 1-1-22; text omitted.) (410 ILCS 86/97)Sec. 97. Severability. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity of that provision or application does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application.
(Source: P.A. 102-575, eff. 1-1-22.)
(410 ILCS 87/1)Sec. 1. 
		Short title. 
		This Act may be cited as the Indoor Air Quality Act.
		(Source: P.A. 88-318.) (410 ILCS 87/5)Sec. 5. 
		Findings. 
		The General Assembly finds that:(1) Indoor air pollution is a serious threat to public health.  The United
States Environmental Protection Agency considers indoor air pollution to be the
number one environmental health threat in the United States.(2) The State of Illinois lacks guidelines that define and protect indoor
air quality.  The development of these guidelines is required to ensure the
health and safety of the people of Illinois.
		(Source: P.A. 88-318.) (410 ILCS 87/10)Sec. 10. 
		Definitions. 
		For the purposes of this Act:"Acceptable indoor air quality" means that the air is free of excessive
levels of chemical and physical contaminants and microbiological
hazards."Air cleaning" means an indoor air quality control strategy to remove
airborne particulates or gases from the air stream."Bake-out" means a process of overheating a building or space to
artificially age the materials that are sources of indoor air contamination."Board" means the Illinois Board of Health."Source control" means limiting the production of an air contaminant
before it enters the ventilation system."Ventilation" means the process of supplying air to and removing air
from any space by natural or mechanical means, regardless of whether the air is
conditioned.
		(Source: P.A. 88-318.) (410 ILCS 87/15)Sec. 15. 
		Indoor Air Pollution Advisory Council.(a) The Board shall ensure the development of the following: (i) criteria
for acceptable indoor air quality, (ii) recommendations on achieving acceptable
indoor air quality, (iii) educational activity on indoor air quality among
public and private agencies, and (iv) a program for the certification of indoor
air quality inspectors.(b) The Board shall develop statewide indoor air quality guidelines
including, without limitation, the following:(1) ventilation standards, including criteria for     acceptable indoor air quality;(2) source control guidelines for indoor air     contaminants, including building material selection, construction and remodeling procedures, and suggested bake-out procedures;(3) occupancy control guidelines; and(4) suggestions for air cleaning procedures.
		(Source: P.A. 88-318.)
(410 ILCS 90/0.01) (from Ch. 8, par. 230)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Pest and Predatory Animal Control Act.
		(Source: P.A. 86-1324.) (410 ILCS 90/1) (from Ch. 8, par. 231)Sec. 1. 
		
		The Department of Agriculture of the State of Illinois is
authorized to enter into an agreement with the Bureau of Sport Fisheries
and Wildlife, United States Department of the Interior, covering
cooperation with funds, facilities and personnel in conducting a program
which will prevent or minimize the economic depredations of wild and feral
animals and commensal rodents, starlings and bird pests, abate their
nuisances and reduce the transmission of disease to persons, domestic
animals and wild life.
		(Source: Laws 1963, p. 3394.) (410 ILCS 90/2) (from Ch. 8, par. 232)Sec. 2. 
		
		Such agreement and program may provide for testing new starling
control methods and procedures and the employment of presently available
methods where applicable in cooperation with livestock producing interests
in the state.  It may also include a study of the role of starlings, bird
pests, rodents and predatory animals in carrying transmissible
gastroenteritis (T.G.E.) and other diseases to swine and other animals.The program may include the reduction of the population of wild animal
species which are known carriers of rabies.  The cooperation of the
Department of Natural Resources, the Department of
Public Health, and of county,
state and local health services and veterinarians shall be solicited and
this work shall be done in those areas where wild life rabies constitutes
an acute threat and population reduction is deemed advisable by the
cooperating organizations.  The program may also include work in cooperation
with local authorities and agencies to control rat and other rodent
populations in those areas where such an effort is deemed advisable.Assistance and cooperation of the Department of Public Health, the
Department of Natural Resources, the Natural History
Survey, the College of
Veterinary Medicine of the University of Illinois, the College of
Agriculture and the Agricultural Extension Service and of county, city and
other local health departments and agencies may be solicited and encouraged
to the extent such departments and agencies may be able to give assistance.
		(Source: P.A. 89-445, eff. 2-7-96.) (410 ILCS 90/3) (from Ch. 8, par. 233)Sec. 3. 
		
		The Department of Agriculture may enter into local field agreements
with local governmental agencies, corporations, associations or individuals
when deemed necessary for the control of starlings, bird pests or injurious
or predatory animals or rodents in carrying out the provisions of this Act.The Department may accept contributions or cost-sharing payments from
agencies, corporations, associations or individuals who are parties to such
field agreements and provide for the expenditure thereof in carrying out
the provisions of this Act.In case work is done on privately owned premises, the cost of any bait
or materials used for starling, rat or rodent control shall be borne by the
owner or tenant of the premises on which the work is done.
		(Source: Laws 1963, p. 3394.) (410 ILCS 90/4) (from Ch. 8, par. 234)Sec. 4. 
		
		The agreement provided for in Section 1 hereof and the
continuation of such agreement shall be contingent upon the availability of
funds appropriated by the Congress of the United States and the General
Assembly of the State of Illinois.
		(Source: Laws 1963, p. 3394.)
(410 ILCS 95/1) (from Ch. 111 1/2, par. 7801)Sec. 1. 
		This Act shall be known and may be cited as the Vector Control Act. 
		(Source: P.A. 86-452.) (410 ILCS 95/2) (from Ch. 111 1/2, par. 7802)Sec. 2. 
		For the purposes of this Act:"Arthropod" means a mosquito or other invertebrate animal with jointed
legs and a segmented body."Commercial pesticide applicator" means a person certified or licensed
under the Structural Pest Control Act or the Illinois Pesticide Act who
contracts to apply a pesticide within the scope of his or her certification
or license."Department" means the Illinois Department of Public Health."Director" means the Director of the Illinois Department of Public Health."Integrated pest management" means modification of the life system of a
vector or pest to reduce its numbers to an acceptable level by applying
current biological and technological knowledge to achieve the desired
modification in a manner that ensures protection of the environment and public health."Local health authority" means the full-time health department, as
recognized by the Department, having jurisdiction over a particular area."Pest" means undesirable arthropods (including certain insects, spiders,
mites, ticks and related organisms), wood infesting organisms, rats, mice,
birds and any other obnoxious or undesirable animals."Vector" means arthropods, rats, mice, birds or other animals capable of
carrying disease-producing organisms to a human or animal host. "Vector"
does not include animals that transmit disease to humans only when used as
human food.
		(Source: P.A. 86-452.) (410 ILCS 95/3) (from Ch. 111 1/2, par. 7803)Sec. 3. 
		
		The Department of Public Health shall have the responsibility
and authority to:(1) Investigate threats or potential threats to the public health
relating to mosquitoes and other potential vectors of disease associated
with the improper storage, handling and disposal of tires, improper waste
disposal, or natural conditions.(2) Conduct ongoing surveillance and monitoring activities for
mosquitoes and other arthropod vectors of disease, and conduct surveillance of
animals that provide a reservoir for disease-producing organisms.(3) Conduct training activities to promote integrated pest management
programs.(4) Respond to inquiries, investigate complaints, conduct evaluations,
and provide technical consultation to help reduce or eliminate public
health hazards and nuisance conditions associated with mosquitoes and other
vectors.
		(Source: P.A. 86-452.) (410 ILCS 95/4) (from Ch. 111 1/2, par. 7804)Sec. 4. 
		
		Upon request of a State agency, a local health authority or a
unit of local government, the Department of Public Health shall conduct an
evaluation of the disease transmission potential of a site containing
vectors of disease.  Based on the findings of that evaluation,
the Department shall recommend to the requesting agency ways to
reduce or eliminate the vectors.
		(Source: P.A. 86-452.) (410 ILCS 95/5) (from Ch. 111 1/2, par. 7805)Sec. 5. 
		
		(a) If, as the result of an investigation, the Department of
Public Health determines that a public health hazard exists at a site due
to mosquitoes or other vectors, it may order such remedial measures as it
deems necessary.(b) The Department of Public Health may arrange for the cleanup of a
site determined to be a public health hazard, or for the application of
pesticides at such a site, if the person responsible for the site refuses to
take timely appropriate action.  The Department shall fine the person
responsible for the site twice the amount of the cost of the
Department's remedial measures.(c) If, as the result of an investigation, the Department of Public Health
determines that the public interest, safety, or welfare imperatively
requires emergency action to respond to an immediate public health hazard
at a site due to mosquitoes or other vectors, the Director
may issue an emergency order incorporating a finding to that effect; such
order may require closure or isolation of the site, pending a hearing or
other action which shall be promptly instituted and determined.
		(Source: P.A. 86-452.) (410 ILCS 95/6) (from Ch. 111 1/2, par. 7806)Sec. 6. 
		
		The Department may designate local health authorities as its
agents in carrying out the provisions of this Act.
		(Source: P.A. 86-452.) (410 ILCS 95/7) (from Ch. 111 1/2, par. 7807)Sec. 7. 
		
		The Department may administer a grant program from
monies appropriated for that purpose from the Used Tire Management
Fund, in order to carry out the Department's responsibilities
under this Act, to assist local health authorities acting as
its agents under Section 6, and to promote the utilization of
integrated pest management programs by local health authorities
and other units of local government. Priority shall be given to
pest management in areas associated with or evidently affected
by the transportation, storage, treatment or disposal of used tires.
		(Source: P.A. 86-452.) (410 ILCS 95/8) (from Ch. 111 1/2, par. 7808)Sec. 8. 
		
		The Department of Public Health shall have the authority to
inspect any site to determine the potential risk to the public health due to
mosquitoes or other vectors.  If the Department of Public Health
is denied access to a site which it reasonably believes may pose a public
health hazard due to mosquitoes or other vectors, it shall request
intervention of local, county or State law enforcement agencies to seek a
court order or warrant to examine the site.  Any person or entity
preventing the Department of Public Health or its designated agent from
carrying out its duties under this Section shall be guilty of a violation
of this Act and shall be subject to the penalties provided in Section 11
of this Act.
		(Source: P.A. 86-452.) (410 ILCS 95/9) (from Ch. 111 1/2, par. 7809)Sec. 9. 
		
		The provisions of the Illinois Administrative Procedure
Act, as now or hereafter amended, are hereby expressly adopted and shall
apply to all administrative rules and procedures of the Department of
Public Health under this Act, except that in case of a conflict between
the Illinois Administrative Procedure Act and this Act, the provisions of
this Act shall control.  The Department of Public Health may adopt such
rules as it deems necessary to carry out the provisions of this Act.
		(Source: P.A. 86-452.) (410 ILCS 95/10) (from Ch. 111 1/2, par. 7810)Sec. 10. 
		
		All final administrative decisions of the Department of
Public Health under this Act shall be subject to judicial review
pursuant to the provisions of the Administrative Review Law, as now or
hereafter amended, and the rules adopted pursuant thereto.  The term
"administrative decision" is defined as in Section 3-101 of the Code of
Civil Procedure.
		(Source: P.A. 86-452.) (410 ILCS 95/11) (from Ch. 111 1/2, par. 7811)Sec. 11. 
		
		Any person who fails to comply with an order for corrective
action or denies the Department of Public Health access to a site shall be
guilty of a Class A misdemeanor.  The State's Attorney of the county in
which the alleged violation occurred, or the Attorney General, shall bring such
actions in the name of the People of the State of Illinois, and may, in
addition to any other remedies provided in this Act, bring action for an
injunction to restrain such violation.
		(Source: P.A. 86-452.)