HB0001 Engrossed LRB099 00249 HEP 20254 b
1		AN ACT concerning health.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		ARTICLE 1.
5		Section 1-1. This Article may be referred to as Lali's Law.
6		Section 1-5. The Pharmacy Practice Act is amended by adding
7		Section 19.1 as follows:
8		(225 ILCS 85/19.1 new)
9		Sec. 19.1. Dispensing naloxone antidotes.
10		(a) Due to the recent rise in opioid-related deaths in
11		Illinois and the existence of an opioid antagonist that can
12		reverse the deadly effects of overdose, the General Assembly
13		finds that in order to avoid further loss where possible, it is
14		responsible to allow greater access of such an antagonist to
15		those populations at risk of overdose.
16		(b) Notwithstanding any general or special law to the
17		contrary, a licensed pharmacist may dispense an opioid
18		antagonist in accordance with written, standardized procedures
19		or protocols developed by the Department with the Department of
20		Public Health and the Department of Human Services if the
21		procedures or protocols are filed at the pharmacy before

HB0001 Engrossed - 2 - LRB099 00249 HEP 20254 b
1		implementation and are available to the Department upon
2		request.
3		(c) Before dispensing an opioid antagonist pursuant to this
4		Section, a pharmacist shall complete a training program
5		approved by the Department of Human Services pursuant to
6		Section 5-23 of the Alcoholism and Other Drug Abuse and
7		Dependency Act. The training program shall include, but not be
8		limited to, proper documentation and quality assurance.
9		(d) For the purpose of this Section, "opioid antagonist"
10		means a drug that binds to opioid receptors and blocks or
11		inhibits the effect of opioids acting on those receptors,
12		including, but not limited to, naloxone hydrochloride or any
13		other similarly acting and equally safe drug approved by the
14		U.S. Food and Drug Administration for the treatment of drug
15		overdose.
16		ARTICLE 5.
17		Section 5-1. The Open Meetings Act is amended by changing
18		Section 2 as follows:
19		(5 ILCS 120/2) (from Ch. 102, par. 42)
20		Sec. 2. Open meetings.
21		(a) Openness required. All meetings of public bodies shall
22		be open to the public unless excepted in subsection (c) and
23		closed in accordance with Section 2a.

HB0001 Engrossed - 3 - LRB099 00249 HEP 20254 b
1		(b) Construction of exceptions. The exceptions contained
2		in subsection (c) are in derogation of the requirement that
3		public bodies meet in the open, and therefore, the exceptions
4		are to be strictly construed, extending only to subjects
5		clearly within their scope. The exceptions authorize but do not
6		require the holding of a closed meeting to discuss a subject
7		included within an enumerated exception.
8		(c) Exceptions. A public body may hold closed meetings to
9		consider the following subjects:
10		(1) The appointment, employment, compensation,
11		discipline, performance, or dismissal of specific
12		employees of the public body or legal counsel for the
13		public body, including hearing testimony on a complaint
14		lodged against an employee of the public body or against
15		legal counsel for the public body to determine its
16		validity.
17		(2) Collective negotiating matters between the public
18		body and its employees or their representatives, or
19		deliberations concerning salary schedules for one or more
20		classes of employees.
21		(3) The selection of a person to fill a public office,
22		as defined in this Act, including a vacancy in a public
23		office, when the public body is given power to appoint
24		under law or ordinance, or the discipline, performance or
25		removal of the occupant of a public office, when the public
26		body is given power to remove the occupant under law or

HB0001 Engrossed - 4 - LRB099 00249 HEP 20254 b
1		ordinance.
2		(4) Evidence or testimony presented in open hearing, or
3		in closed hearing where specifically authorized by law, to
4		a quasi-adjudicative body, as defined in this Act, provided
5		that the body prepares and makes available for public
6		inspection a written decision setting forth its
7		determinative reasoning.
8		(5) The purchase or lease of real property for the use
9		of the public body, including meetings held for the purpose
10		of discussing whether a particular parcel should be
11		acquired.
12		(6) The setting of a price for sale or lease of
13		property owned by the public body.
14		(7) The sale or purchase of securities, investments, or
15		investment contracts. This exception shall not apply to the
16		investment of assets or income of funds deposited into the
17		Illinois Prepaid Tuition Trust Fund.
18		(8) Security procedures and the use of personnel and
19		equipment to respond to an actual, a threatened, or a
20		reasonably potential danger to the safety of employees,
21		students, staff, the public, or public property.
22		(9) Student disciplinary cases.
23		(10) The placement of individual students in special
24		education programs and other matters relating to
25		individual students.
26		(11) Litigation, when an action against, affecting or

HB0001 Engrossed - 5 - LRB099 00249 HEP 20254 b
1		on behalf of the particular public body has been filed and
2		is pending before a court or administrative tribunal, or
3		when the public body finds that an action is probable or
4		imminent, in which case the basis for the finding shall be
5		recorded and entered into the minutes of the closed
6		meeting.
7		(12) The establishment of reserves or settlement of
8		claims as provided in the Local Governmental and
9		Governmental Employees Tort Immunity Act, if otherwise the
10		disposition of a claim or potential claim might be
11		prejudiced, or the review or discussion of claims, loss or
12		risk management information, records, data, advice or
13		communications from or with respect to any insurer of the
14		public body or any intergovernmental risk management
15		association or self insurance pool of which the public body
16		is a member.
17		(13) Conciliation of complaints of discrimination in
18		the sale or rental of housing, when closed meetings are
19		authorized by the law or ordinance prescribing fair housing
20		practices and creating a commission or administrative
21		agency for their enforcement.
22		(14) Informant sources, the hiring or assignment of
23		undercover personnel or equipment, or ongoing, prior or
24		future criminal investigations, when discussed by a public
25		body with criminal investigatory responsibilities.
26		(15) Professional ethics or performance when

HB0001 Engrossed - 6 - LRB099 00249 HEP 20254 b
1		considered by an advisory body appointed to advise a
2		licensing or regulatory agency on matters germane to the
3		advisory body's field of competence.
4		(16) Self evaluation, practices and procedures or
5		professional ethics, when meeting with a representative of
6		a statewide association of which the public body is a
7		member.
8		(17) The recruitment, credentialing, discipline or
9		formal peer review of physicians or other health care
10		professionals for a hospital, or other institution
11		providing medical care, that is operated by the public
12		body.
13		(18) Deliberations for decisions of the Prisoner
14		Review Board.
15		(19) Review or discussion of applications received
16		under the Experimental Organ Transplantation Procedures
17		Act.
18		(20) The classification and discussion of matters
19		classified as confidential or continued confidential by
20		the State Government Suggestion Award Board.
21		(21) Discussion of minutes of meetings lawfully closed
22		under this Act, whether for purposes of approval by the
23		body of the minutes or semi-annual review of the minutes as
24		mandated by Section 2.06.
25		(22) Deliberations for decisions of the State
26		Emergency Medical Services Disciplinary Review Board.

HB0001 Engrossed - 7 - LRB099 00249 HEP 20254 b
1		(23) The operation by a municipality of a municipal
2		utility or the operation of a municipal power agency or
3		municipal natural gas agency when the discussion involves
4		(i) contracts relating to the purchase, sale, or delivery
5		of electricity or natural gas or (ii) the results or
6		conclusions of load forecast studies.
7		(24) Meetings of a residential health care facility
8		resident sexual assault and death review team or the
9		Executive Council under the Abuse Prevention Review Team
10		Act.
11		(25) Meetings of an independent team of experts under
12		Brian's Law.
13		(26) Meetings of a mortality review team appointed
14		under the Department of Juvenile Justice Mortality Review
15		Team Act.
16		(27) (Blank).
17		(28) Correspondence and records (i) that may not be
18		disclosed under Section 11-9 of the Public Aid Code or (ii)
19		that pertain to appeals under Section 11-8 of the Public
20		Aid Code.
21		(29) Meetings between internal or external auditors
22		and governmental audit committees, finance committees, and
23		their equivalents, when the discussion involves internal
24		control weaknesses, identification of potential fraud risk
25		areas, known or suspected frauds, and fraud interviews
26		conducted in accordance with generally accepted auditing

HB0001 Engrossed - 8 - LRB099 00249 HEP 20254 b
1		standards of the United States of America.
2		(30) Those meetings or portions of meetings of a
3		fatality review team or the Illinois Fatality Review Team
4		Advisory Council during which a review of the death of an
5		eligible adult in which abuse or neglect is suspected,
6		alleged, or substantiated is conducted pursuant to Section
7		15 of the Adult Protective Services Act.
8		(31) Meetings and deliberations for decisions of the
9		Concealed Carry Licensing Review Board under the Firearm
10		Concealed Carry Act.
11		(32) Meetings between the Regional Transportation
12		Authority Board and its Service Boards when the discussion
13		involves review by the Regional Transportation Authority
14		Board of employment contracts under Section 28d of the
15		Metropolitan Transit Authority Act and Sections 3A.18 and
16		3B.26 of the Regional Transportation Authority Act.
17		(33) Those meeting or portions of meetings of the
18		advisory committee and peer review subcommittee created
19		under Section 320 of the Illinois Controlled Substances Act
20		during which specific controlled substance prescriber,
21		dispenser, or patient information is discussed.
22		(d) Definitions. For purposes of this Section:
23		"Employee" means a person employed by a public body whose
24		relationship with the public body constitutes an
25		employer-employee relationship under the usual common law
26		rules, and who is not an independent contractor.

HB0001 Engrossed - 9 - LRB099 00249 HEP 20254 b
1		"Public office" means a position created by or under the
2		Constitution or laws of this State, the occupant of which is
3		charged with the exercise of some portion of the sovereign
4		power of this State. The term "public office" shall include
5		members of the public body, but it shall not include
6		organizational positions filled by members thereof, whether
7		established by law or by a public body itself, that exist to
8		assist the body in the conduct of its business.
9		"Quasi-adjudicative body" means an administrative body
10		charged by law or ordinance with the responsibility to conduct
11		hearings, receive evidence or testimony and make
12		determinations based thereon, but does not include local
13		electoral boards when such bodies are considering petition
14		challenges.
15		(e) Final action. No final action may be taken at a closed
16		meeting. Final action shall be preceded by a public recital of
17		the nature of the matter being considered and other information
18		that will inform the public of the business being conducted.
19		(Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11;
20		97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff.
21		8-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff.
22		7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14; revised
23		10-1-14.)
24		Section 5-10. The State Employees Group Insurance Act of
25		1971 is amended by changing Section 6.11 as follows:

HB0001 Engrossed - 10 - LRB099 00249 HEP 20254 b
1		(5 ILCS 375/6.11)
2		Sec. 6.11. Required health benefits; Illinois Insurance
3		Code requirements. The program of health benefits shall provide
4		the post-mastectomy care benefits required to be covered by a
5		policy of accident and health insurance under Section 356t of
6		the Illinois Insurance Code. The program of health benefits
7		shall provide the coverage required under Sections 356g,
8		356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,
9		356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
10		356z.14, 356z.15, 356z.17, and 356z.22 of the Illinois
11		Insurance Code. The program of health benefits must comply with
12		Sections 155.22a, 155.37, 355b, and 356z.19, 370c, and 370c.1
13		of the Illinois Insurance Code.
14		Rulemaking authority to implement Public Act 95-1045, if
15		any, is conditioned on the rules being adopted in accordance
16		with all provisions of the Illinois Administrative Procedure
17		Act and all rules and procedures of the Joint Committee on
18		Administrative Rules; any purported rule not so adopted, for
19		whatever reason, is unauthorized.
20		(Source: P.A. 97-282, eff. 8-9-11; 97-343, eff. 1-1-12; 97-813,
21		eff. 7-13-12; 98-189, eff. 1-1-14; 98-1091, eff. 1-1-15.)
22		Section 5-15. The Alcoholism and Other Drug Abuse and
23		Dependency Act is amended by changing Section 5-23 and adding
24		Sections 5-24 and 20-20 as follows:

HB0001 Engrossed - 11 - LRB099 00249 HEP 20254 b
1		(20 ILCS 301/5-23)
2		Sec. 5-23. Drug Overdose Prevention Program.
3		(a) Reports of drug overdose.
4		(1) The Director of the Division of Alcoholism and
5		Substance Abuse shall may publish annually a report on drug
6		overdose trends statewide that reviews State death rates
7		from available data to ascertain changes in the causes or
8		rates of fatal and nonfatal drug overdose for the preceding
9		period of not less than 5 years. The report shall also
10		provide information on interventions that would be
11		effective in reducing the rate of fatal or nonfatal drug
12		overdose and shall include an analysis of drug overdose
13		information reported to the Department of Public Health
14		pursuant to subsection (e) of Section 3-3013 of the
15		Counties Code, Section 6.14g of the Hospital Licensing Act,
16		and subsection (j) of Section 22-30 of the School Code.
17		(2) The report may include:
18		(A) Trends in drug overdose death rates.
19		(B) Trends in emergency room utilization related
20		to drug overdose and the cost impact of emergency room
21		utilization.
22		(C) Trends in utilization of pre-hospital and
23		emergency services and the cost impact of emergency
24		services utilization.
25		(D) Suggested improvements in data collection.

HB0001 Engrossed - 12 - LRB099 00249 HEP 20254 b
1		(E) A description of other interventions effective
2		in reducing the rate of fatal or nonfatal drug
3		overdose.
4		(F) A description of efforts undertaken to educate
5		the public about unused medication and about how to
6		properly dispose of unused medication, including the
7		number of registered collection receptacles in this
8		State, mail-back programs, and drug take-back events.
9		(b) Programs; drug overdose prevention.
10		(1) The Director may establish a program to provide for
11		the production and publication, in electronic and other
12		formats, of drug overdose prevention, recognition, and
13		response literature. The Director may develop and
14		disseminate curricula for use by professionals,
15		organizations, individuals, or committees interested in
16		the prevention of fatal and nonfatal drug overdose,
17		including, but not limited to, drug users, jail and prison
18		personnel, jail and prison inmates, drug treatment
19		professionals, emergency medical personnel, hospital
20		staff, families and associates of drug users, peace
21		officers, firefighters, public safety officers, needle
22		exchange program staff, and other persons. In addition to
23		information regarding drug overdose prevention,
24		recognition, and response, literature produced by the
25		Department shall stress that drug use remains illegal and
26		highly dangerous and that complete abstinence from illegal

HB0001 Engrossed - 13 - LRB099 00249 HEP 20254 b
1		drug use is the healthiest choice. The literature shall
2		provide information and resources for substance abuse
3		treatment.
4		The Director may establish or authorize programs for
5		prescribing, dispensing, or distributing opioid
6		antagonists naloxone hydrochloride or any other similarly
7		acting and equally safe drug approved by the U.S. Food and
8		Drug Administration for the treatment of drug overdose.
9		Such programs may include the prescribing of opioid
10		antagonists naloxone hydrochloride or any other similarly
11		acting and equally safe drug approved by the U.S. Food and
12		Drug Administration for the treatment of drug overdose to a
13		person who is not at risk of opioid overdose but who, in
14		the judgment of the health care professional, may be in a
15		position to assist another individual during an
16		opioid-related drug overdose and who has received basic
17		instruction on how to administer an opioid antagonist and
18		education about administration by individuals who are not
19		personally at risk of opioid overdose.
20		(2) The Director may provide advice to State and local
21		officials on the growing drug overdose crisis, including
22		the prevalence of drug overdose incidents, programs
23		promoting the disposal of unused prescription drugs,
24		trends in drug overdose incidents, and solutions to the
25		drug overdose crisis.
26		(c) Grants.

HB0001 Engrossed - 14 - LRB099 00249 HEP 20254 b
1		(1) The Director may award grants, in accordance with
2		this subsection, to create or support local drug overdose
3		prevention, recognition, and response projects. Local
4		health departments, correctional institutions, hospitals,
5		universities, community-based organizations, and
6		faith-based organizations may apply to the Department for a
7		grant under this subsection at the time and in the manner
8		the Director prescribes.
9		(2) In awarding grants, the Director shall consider the
10		necessity for overdose prevention projects in various
11		settings and shall encourage all grant applicants to
12		develop interventions that will be effective and viable in
13		their local areas.
14		(3) The Director shall give preference for grants to
15		proposals that, in addition to providing life-saving
16		interventions and responses, provide information to drug
17		users on how to access drug treatment or other strategies
18		for abstaining from illegal drugs. The Director shall give
19		preference to proposals that include one or more of the
20		following elements:
21		(A) Policies and projects to encourage persons,
22		including drug users, to call 911 when they witness a
23		potentially fatal drug overdose.
24		(B) Drug overdose prevention, recognition, and
25		response education projects in drug treatment centers,
26		outreach programs, and other organizations that work

HB0001 Engrossed - 15 - LRB099 00249 HEP 20254 b
1		with, or have access to, drug users and their families
2		and communities.
3		(C) Drug overdose recognition and response
4		training, including rescue breathing, in drug
5		treatment centers and for other organizations that
6		work with, or have access to, drug users and their
7		families and communities.
8		(D) The production and distribution of targeted or
9		mass media materials on drug overdose prevention and
10		response, the potential dangers of keeping unused
11		prescription drugs in the home, and methods to properly
12		dispose of unused prescription drugs.
13		(E) Prescription and distribution of opioid
14		antagonists naloxone hydrochloride or any other
15		similarly acting and equally safe drug approved by the
16		U.S. Food and Drug Administration for the treatment of
17		drug overdose.
18		(F) The institution of education and training
19		projects on drug overdose response and treatment for
20		emergency services and law enforcement personnel.
21		(G) A system of parent, family, and survivor
22		education and mutual support groups.
23		(4) In addition to moneys appropriated by the General
24		Assembly, the Director may seek grants from private
25		foundations, the federal government, and other sources to
26		fund the grants under this Section and to fund an

HB0001 Engrossed - 16 - LRB099 00249 HEP 20254 b
1		evaluation of the programs supported by the grants.
2		(d) Health care professional prescription of opioid
3		antagonists drug overdose treatment medication.
4		(1) A health care professional who, acting in good
5		faith, directly or by standing order, prescribes or
6		dispenses an opioid antagonist antidote to: (a) a patient
7		who, in the judgment of the health care professional, is
8		capable of administering the drug in an emergency, or (b) a
9		person who is not at risk of opioid overdose but who, in
10		the judgment of the health care professional, may be in a
11		position to assist another individual during an
12		opioid-related drug overdose and who has received basic
13		instruction on how to administer an opioid antagonist shall
14		not, as a result of his or her acts or omissions, be
15		subject to: (i) any disciplinary or other adverse action
16		under the Medical Practice Act of 1987, the Physician
17		Assistant Practice Act of 1987, the Nurse Practice Act, the
18		Pharmacy Practice Act, or any other professional licensing
19		statute or (ii) any criminal liability, except for willful
20		and wanton misconduct.
21		(2) A person who is not otherwise licensed to
22		administer an opioid antagonist antidote may in an
23		emergency administer without fee an opioid antagonist
24		antidote if the person has received the patient information
25		specified in paragraph (4) of this subsection and believes
26		in good faith that another person is experiencing a drug

HB0001 Engrossed - 17 - LRB099 00249 HEP 20254 b
1		overdose. The person shall not, as a result of his or her
2		acts or omissions, be (i) liable for any violation of the
3		Medical Practice Act of 1987, the Physician Assistant
4		Practice Act of 1987, the Nurse Practice Act, the Pharmacy
5		Practice Act, or any other professional licensing statute,
6		or (ii) subject to any criminal prosecution or civil
7		liability, except for willful and wanton misconduct
8		arising from or related to the unauthorized practice of
9		medicine or the possession of an opioid antidote.
10		(3) A health care professional prescribing an opioid
11		antagonist antidote to a patient shall ensure that the
12		patient receives the patient information specified in
13		paragraph (4) of this subsection. Patient information may
14		be provided by the health care professional or a
15		community-based organization, substance abuse program, or
16		other organization with which the health care professional
17		establishes a written agreement that includes a
18		description of how the organization will provide patient
19		information, how employees or volunteers providing
20		information will be trained, and standards for documenting
21		the provision of patient information to patients.
22		Provision of patient information shall be documented in the
23		patient's medical record or through similar means as
24		determined by agreement between the health care
25		professional and the organization. The Director of the
26		Division of Alcoholism and Substance Abuse, in

HB0001 Engrossed - 18 - LRB099 00249 HEP 20254 b
1		consultation with statewide organizations representing
2		physicians, pharmacists, advanced practice nurses,
3		physician assistants, substance abuse programs, and other
4		interested groups, shall develop and disseminate to health
5		care professionals, community-based organizations,
6		substance abuse programs, and other organizations training
7		materials in video, electronic, or other formats to
8		facilitate the provision of such patient information.
9		(4) For the purposes of this subsection:
10		"Opioid antagonist antidote" means a drug that binds to
11		opioid receptors and blocks or inhibits the effect of
12		opioids acting on those receptors, including, but not
13		limited to naloxone hydrochloride or any other similarly
14		acting and equally safe drug approved by the U.S. Food and
15		Drug Administration for the treatment of drug overdose.
16		"Health care professional" means a physician licensed
17		to practice medicine in all its branches, a physician
18		assistant who has been delegated prescriptive authority
19		the prescription or dispensation of an opioid antidote by
20		his or her supervising physician, an advanced practice
21		registered nurse who has a written collaborative agreement
22		with a collaborating physician that authorizes
23		prescriptive authority the prescription or dispensation of
24		an opioid antidote, or an advanced practice nurse or
25		physician assistant who practices in a hospital, hospital
26		affiliate, or ambulatory surgical treatment center and

HB0001 Engrossed - 19 - LRB099 00249 HEP 20254 b
1		possesses appropriate clinical privileges in accordance
2		with the Nurse Practice Act or a pharmacist licensed to
3		practice pharmacy under the Pharmacy Practice Act.
4		"Patient" includes a person who is not at risk of
5		opioid overdose but who, in the judgment of the physician,
6		may be in a position to assist another individual during an
7		overdose and who has received patient information as
8		required in paragraph (2) of this subsection on the
9		indications for and administration of an opioid antagonist
10		antidote.
11		"Patient information" includes information provided to
12		the patient on drug overdose prevention and recognition;
13		how to perform rescue breathing and resuscitation; opioid
14		antagonist antidote dosage and administration; the
15		importance of calling 911; care for the overdose victim
16		after administration of the overdose antagonist antidote;
17		and other issues as necessary.
18		(e) Drug overdose response policy.
19		(1) Every State and local government agency that
20		employs a law enforcement officer or fireman as those terms
21		are defined in the Line of Duty Compensation Act must
22		possess opioid antagonists and must establish a policy to
23		control the acquisition, storage, transportation, and
24		administration of such opioid antagonists and to provide
25		training in the administration of opioid antagonists. A
26		State or local government agency that employs a fireman as

HB0001 Engrossed - 20 - LRB099 00249 HEP 20254 b
1		defined in the Line of Duty Compensation Act but does not
2		respond to emergency medical calls or provide medical
3		services shall be exempt from this subsection.
4		(2) Every publicly or privately owned ambulance,
5		special emergency medical services vehicle, non-transport
6		vehicle, or ambulance assist vehicle, as described in the
7		Emergency Medical Services (EMS) Systems Act, which
8		responds to requests for emergency services or transports
9		patients between hospitals in emergency situations must
10		possess opioid antagonists.
11		(3) Entities that are required under paragraphs (1) and
12		(2) to possess opioid antagonists may also apply to the
13		Department for a grant to fund the acquisition of opioid
14		antagonists and training programs on the administration of
15		opioid antagonists.
16		(Source: P.A. 96-361, eff. 1-1-10.)
17		(20 ILCS 301/5-24 new)
18		Sec. 5-24. Opiate prescriptions; educational materials.
19		The Department shall develop educational materials to educate
20		holders of opiate prescriptions about the dangers of children
21		and teens gaining access to these medications. The materials
22		shall include information regarding the means by which the
23		abuse of opiate prescriptions can lead to the illegal use of
24		heroin. The Department shall also develop a method of
25		distribution for such educational materials.

HB0001 Engrossed - 21 - LRB099 00249 HEP 20254 b
1		(20 ILCS 301/20-20 new)
2		Sec. 20-20. Immunity from prosecution; drugs; public
3		education program. The Department shall develop and implement a
4		public education program to educate the public about the
5		provisions set forth in Section 414 of the Illinois Controlled
6		Substances Act granting immunity from prosecution for drug
7		overdose victims or persons seeking help for drug overdose
8		victims if the only evidence for the possession charge was
9		obtained as a result of the person seeking or obtaining
10		emergency medical assistance.
11		Section 5-25. The Department of State Police Law is amended
12		by adding Section 2605-97 as follows:
13		(20 ILCS 2605/2605-97 new)
14		Sec. 2605-97. Training; opioid antagonists. The Department
15		shall conduct or approve a training program for State police
16		officers in the administration of opioid antagonists as defined
17		in paragraph (1) of subsection (e) of Section 5-23 of the
18		Alcoholism and Other Drug Abuse and Dependency Act that is in
19		accordance with that Section. As used in this Section 2605-97,
20		the term "State police officers" includes full-time or
21		part-time State troopers, police officers, investigators, or
22		any other employee of the Department exercising the powers of a
23		peace officer.

HB0001 Engrossed - 22 - LRB099 00249 HEP 20254 b
1		Section 5-30. The Illinois Criminal Justice Information
2		Act is amended by changing Section 9.3 as follows:
3		(20 ILCS 3930/9.3)
4		Sec. 9.3. The Prescription Pill and Drug Disposal Fund. The
5		Prescription Pill and Drug Disposal Fund is created as a
6		special fund in the State treasury. Moneys in the Fund shall be
7		used for grants by the Illinois Criminal Justice Information
8		Authority to local law enforcement agencies for the purpose of
9		facilitating the collection, transportation, and incineration
10		of pharmaceuticals from residential sources that are collected
11		and transported by law enforcement agencies under Section 17.9A
12		of the Environmental Protection Act; to municipalities or
13		organizations that establish containers designated for the
14		collection and disposal of unused controlled substances and
15		conduct collection of unused controlled substances through
16		mail-back programs; and for the publication or advertising of
17		collection events or mail-back programs conducted by
18		municipalities or organizations. Before awarding a grant from
19		this Fund but no later than July 1, 2016 2012, the Authority
20		shall adopt rules that (i) specify the conditions under which
21		grants will be awarded from this Fund and (ii) otherwise
22		provide for the implementation and administration of the grant
23		program created by this Section. Interest attributable to
24		moneys in the Fund shall be paid into the Fund.

HB0001 Engrossed - 23 - LRB099 00249 HEP 20254 b
1		(Source: P.A. 97-545, eff. 1-1-12.)
2		Section 5-35. The State Finance Act is amended by adding
3		Section 5.866 as follows:
4		(30 ILCS 105/5.866 new)
5		Sec. 5.866. The Parity Education Fund.
6		Section 5-40. The Illinois Police Training Act is amended
7		by changing Section 7 and by adding Section 10.17 as follows:
8		(50 ILCS 705/7) (from Ch. 85, par. 507)
9		Sec. 7. Rules and standards for schools. The Board shall
10		adopt rules and minimum standards for such schools which shall
11		include but not be limited to the following:
12		a. The curriculum for probationary police officers which
13		shall be offered by all certified schools shall include but not
14		be limited to courses of arrest, search and seizure, civil
15		rights, human relations, cultural diversity, including racial
16		and ethnic sensitivity, criminal law, law of criminal
17		procedure, vehicle and traffic law including uniform and
18		non-discriminatory enforcement of the Illinois Vehicle Code,
19		traffic control and accident investigation, techniques of
20		obtaining physical evidence, court testimonies, statements,
21		reports, firearms training, training in the use of electronic
22		control devices, including the psychological and physiological

HB0001 Engrossed - 24 - LRB099 00249 HEP 20254 b
1		effects of the use of those devices on humans, first-aid
2		(including cardiopulmonary resuscitation), training in the
3		administration of opioid antagonists as defined in paragraph
4		(1) of subsection (e) of Section 5-23 of the Alcoholism and
5		Other Drug Abuse and Dependency Act, handling of juvenile
6		offenders, recognition of mental conditions which require
7		immediate assistance and methods to safeguard and provide
8		assistance to a person in need of mental treatment, recognition
9		of abuse, neglect, financial exploitation, and self-neglect of
10		adults with disabilities and older adults, as defined in
11		Section 2 of the Adult Protective Services Act, crimes against
12		the elderly, law of evidence, the hazards of high-speed police
13		vehicle chases with an emphasis on alternatives to the
14		high-speed chase, and physical training. The curriculum shall
15		include specific training in techniques for immediate response
16		to and investigation of cases of domestic violence and of
17		sexual assault of adults and children. The curriculum shall
18		include training in techniques designed to promote effective
19		communication at the initial contact with crime victims and
20		ways to comprehensively explain to victims and witnesses their
21		rights under the Rights of Crime Victims and Witnesses Act and
22		the Crime Victims Compensation Act. The curriculum shall also
23		include a block of instruction aimed at identifying and
24		interacting with persons with autism and other developmental
25		disabilities, reducing barriers to reporting crimes against
26		persons with autism, and addressing the unique challenges

HB0001 Engrossed - 25 - LRB099 00249 HEP 20254 b
1		presented by cases involving victims or witnesses with autism
2		and other developmental disabilities. The curriculum for
3		permanent police officers shall include but not be limited to
4		(1) refresher and in-service training in any of the courses
5		listed above in this subparagraph, (2) advanced courses in any
6		of the subjects listed above in this subparagraph, (3) training
7		for supervisory personnel, and (4) specialized training in
8		subjects and fields to be selected by the board. The training
9		in the use of electronic control devices shall be conducted for
10		probationary police officers, including University police
11		officers.
12		b. Minimum courses of study, attendance requirements and
13		equipment requirements.
14		c. Minimum requirements for instructors.
15		d. Minimum basic training requirements, which a
16		probationary police officer must satisfactorily complete
17		before being eligible for permanent employment as a local law
18		enforcement officer for a participating local governmental
19		agency. Those requirements shall include training in first aid
20		(including cardiopulmonary resuscitation).
21		e. Minimum basic training requirements, which a
22		probationary county corrections officer must satisfactorily
23		complete before being eligible for permanent employment as a
24		county corrections officer for a participating local
25		governmental agency.
26		f. Minimum basic training requirements which a

HB0001 Engrossed - 26 - LRB099 00249 HEP 20254 b
1		probationary court security officer must satisfactorily
2		complete before being eligible for permanent employment as a
3		court security officer for a participating local governmental
4		agency. The Board shall establish those training requirements
5		which it considers appropriate for court security officers and
6		shall certify schools to conduct that training.
7		A person hired to serve as a court security officer must
8		obtain from the Board a certificate (i) attesting to his or her
9		successful completion of the training course; (ii) attesting to
10		his or her satisfactory completion of a training program of
11		similar content and number of hours that has been found
12		acceptable by the Board under the provisions of this Act; or
13		(iii) attesting to the Board's determination that the training
14		course is unnecessary because of the person's extensive prior
15		law enforcement experience.
16		Individuals who currently serve as court security officers
17		shall be deemed qualified to continue to serve in that capacity
18		so long as they are certified as provided by this Act within 24
19		months of the effective date of this amendatory Act of 1996.
20		Failure to be so certified, absent a waiver from the Board,
21		shall cause the officer to forfeit his or her position.
22		All individuals hired as court security officers on or
23		after the effective date of this amendatory Act of 1996 shall
24		be certified within 12 months of the date of their hire, unless
25		a waiver has been obtained by the Board, or they shall forfeit
26		their positions.

HB0001 Engrossed - 27 - LRB099 00249 HEP 20254 b
1		The Sheriff's Merit Commission, if one exists, or the
2		Sheriff's Office if there is no Sheriff's Merit Commission,
3		shall maintain a list of all individuals who have filed
4		applications to become court security officers and who meet the
5		eligibility requirements established under this Act. Either
6		the Sheriff's Merit Commission, or the Sheriff's Office if no
7		Sheriff's Merit Commission exists, shall establish a schedule
8		of reasonable intervals for verification of the applicants'
9		qualifications under this Act and as established by the Board.
10		(Source: P.A. 97-815, eff. 1-1-13; 97-862, eff. 1-1-13; 98-49,
11		eff. 7-1-13; 98-358, eff. 1-1-14; 98-463, eff. 8-16-13; 98-756,
12		eff. 7-16-14.)
13		(50 ILCS 705/10.17 new)
14		Sec. 10.17. Training; administration of opioid
15		antagonists. The Board shall conduct or approve an in-service
16		training program for police officers in the administration of
17		opioid antagonists as defined in paragraph (1) of subsection
18		(e) of Section 5-23 of the Alcoholism and Other Drug Abuse and
19		Dependency Act that is in accordance with that Section. As used
20		in this Section 10.17, the term "police officers" includes
21		full-time or part-time probationary police officers, permanent
22		or part-time police officers, law enforcement officers,
23		recruits, permanent or probationary county corrections
24		officers, permanent or probationary county security officers,
25		and court security officers. The term does not include

HB0001 Engrossed - 28 - LRB099 00249 HEP 20254 b
1		auxiliary police officers as defined in Section 3.1-30-20 of
2		the Illinois Municipal Code.
3		Section 5-45. The Illinois Fire Protection Training Act is
4		amended by changing Section 8 and by adding Section 12.5 as
5		follows:
6		(50 ILCS 740/8) (from Ch. 85, par. 538)
7		Sec. 8. Rules and minimum standards for schools. The Office
8		shall adopt rules and minimum standards for such schools which
9		shall include but not be limited to the following:
10		a. Minimum courses of study, resources, facilities,
11		apparatus, equipment, reference material, established records
12		and procedures as determined by the Office.
13		b. Minimum requirements for instructors.
14		c. Minimum basic training requirements, which a trainee
15		must satisfactorily complete before being eligible for
16		permanent employment as a fire fighter in the fire department
17		of a participating local governmental agency. Those
18		requirements shall include training in first aid (including
19		cardiopulmonary resuscitation) and training in the
20		administration of opioid antagonists as defined in paragraph
21		(1) of subsection (e) of Section 5-23 of the Alcoholism and
22		Other Drug Abuse and Dependency Act.
23		(Source: P.A. 88-661, eff. 1-1-95.)

HB0001 Engrossed - 29 - LRB099 00249 HEP 20254 b
1		(50 ILCS 740/12.5 new)
2		Sec. 12.5. In-service training; opioid antagonists. The
3		Office shall distribute an in-service training program for fire
4		fighters in the administration of opioid antagonists as defined
5		in paragraph (1) of subsection (e) of Section 5-23 of the
6		Alcoholism and Other Drug Abuse and Dependency Act that is
7		developed by the Department of Human Services in accordance
8		with that Section. As used in this Section 12.5, the term "fire
9		fighters" includes full-time or part-time fire fighters, but
10		does not include auxiliary, reserve, or volunteer
11		firefighters.
12		Section 5-50. The Counties Code is amended by changing
13		Sections 3-3013 and 5-1069.3 as follows:
14		(55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
15		Sec. 3-3013. Preliminary investigations; blood and urine
16		analysis; summoning jury; reports. Every coroner, whenever, as
17		soon as he knows or is informed that the dead body of any
18		person is found, or lying within his county, whose death is
19		suspected of being:
20		(a) A sudden or violent death, whether apparently
21		suicidal, homicidal or accidental, including but not
22		limited to deaths apparently caused or contributed to by
23		thermal, traumatic, chemical, electrical or radiational
24		injury, or a complication of any of them, or by drowning or

HB0001 Engrossed - 30 - LRB099 00249 HEP 20254 b
1		suffocation, or as a result of domestic violence as defined
2		in the Illinois Domestic Violence Act of 1986;
3		(b) A maternal or fetal death due to abortion, or any
4		death due to a sex crime or a crime against nature;
5		(c) A death where the circumstances are suspicious,
6		obscure, mysterious or otherwise unexplained or where, in
7		the written opinion of the attending physician, the cause
8		of death is not determined;
9		(d) A death where addiction to alcohol or to any drug
10		may have been a contributory cause; or
11		(e) A death where the decedent was not attended by a
12		licensed physician;
13		shall go to the place where the dead body is, and take charge
14		of the same and shall make a preliminary investigation into the
15		circumstances of the death. In the case of death without
16		attendance by a licensed physician the body may be moved with
17		the coroner's consent from the place of death to a mortuary in
18		the same county. Coroners in their discretion shall notify such
19		physician as is designated in accordance with Section 3-3014 to
20		attempt to ascertain the cause of death, either by autopsy or
21		otherwise.
22		In cases of accidental death involving a motor vehicle in
23		which the decedent was (1) the operator or a suspected operator
24		of a motor vehicle, or (2) a pedestrian 16 years of age or
25		older, the coroner shall require that a blood specimen of at
26		least 30 cc., and if medically possible a urine specimen of at

HB0001 Engrossed - 31 - LRB099 00249 HEP 20254 b
1		least 30 cc. or as much as possible up to 30 cc., be withdrawn
2		from the body of the decedent in a timely fashion after the
3		accident causing his death, by such physician as has been
4		designated in accordance with Section 3-3014, or by the coroner
5		or deputy coroner or a qualified person designated by such
6		physician, coroner, or deputy coroner. If the county does not
7		maintain laboratory facilities for making such analysis, the
8		blood and urine so drawn shall be sent to the Department of
9		State Police or any other accredited or State-certified
10		laboratory for analysis of the alcohol, carbon monoxide, and
11		dangerous or narcotic drug content of such blood and urine
12		specimens. Each specimen submitted shall be accompanied by
13		pertinent information concerning the decedent upon a form
14		prescribed by such laboratory. Any person drawing blood and
15		urine and any person making any examination of the blood and
16		urine under the terms of this Division shall be immune from all
17		liability, civil or criminal, that might otherwise be incurred
18		or imposed.
19		In all other cases coming within the jurisdiction of the
20		coroner and referred to in subparagraphs (a) through (e) above,
21		blood, and whenever possible, urine samples shall be analyzed
22		for the presence of alcohol and other drugs. When the coroner
23		suspects that drugs may have been involved in the death, either
24		directly or indirectly, a toxicological examination shall be
25		performed which may include analyses of blood, urine, bile,
26		gastric contents and other tissues. When the coroner suspects a

HB0001 Engrossed - 32 - LRB099 00249 HEP 20254 b
1		death is due to toxic substances, other than drugs, the coroner
2		shall consult with the toxicologist prior to collection of
3		samples. Information submitted to the toxicologist shall
4		include information as to height, weight, age, sex and race of
5		the decedent as well as medical history, medications used by
6		and the manner of death of decedent.
7		When the coroner or medical examiner finds that the cause
8		of death is due to homicidal means, the coroner or medical
9		examiner shall cause blood and buccal specimens (tissue may be
10		submitted if no uncontaminated blood or buccal specimen can be
11		obtained), whenever possible, to be withdrawn from the body of
12		the decedent in a timely fashion. Within 45 days after the
13		collection of the specimens, the coroner or medical examiner
14		shall deliver those specimens, dried, to the Illinois
15		Department of State Police, Division of Forensic Services, for
16		analysis and categorizing into genetic marker groupings to be
17		maintained by the Illinois Department of State Police in the
18		State central repository in the same manner, and subject to the
19		same conditions, as provided in Section 5-4-3 of the Unified
20		Code of Corrections. The requirements of this paragraph are in
21		addition to any other findings, specimens, or information that
22		the coroner or medical examiner is required to provide during
23		the conduct of a criminal investigation.
24		In all counties, in cases of apparent suicide, homicide, or
25		accidental death or in other cases, within the discretion of
26		the coroner, the coroner may summon 8 persons of lawful age

HB0001 Engrossed - 33 - LRB099 00249 HEP 20254 b
1		from those persons drawn for petit jurors in the county. The
2		summons shall command these persons to present themselves
3		personally at such a place and time as the coroner shall
4		determine, and may be in any form which the coroner shall
5		determine and may incorporate any reasonable form of request
6		for acknowledgement which the coroner deems practical and
7		provides a reliable proof of service. The summons may be served
8		by first class mail. From the 8 persons so summoned, the
9		coroner shall select 6 to serve as the jury for the inquest.
10		Inquests may be continued from time to time, as the coroner may
11		deem necessary. The 6 jurors selected in a given case may view
12		the body of the deceased. If at any continuation of an inquest
13		one or more of the original jurors shall be unable to continue
14		to serve, the coroner shall fill the vacancy or vacancies. A
15		juror serving pursuant to this paragraph shall receive
16		compensation from the county at the same rate as the rate of
17		compensation that is paid to petit or grand jurors in the
18		county. The coroner shall furnish to each juror without fee at
19		the time of his discharge a certificate of the number of days
20		in attendance at an inquest, and, upon being presented with
21		such certificate, the county treasurer shall pay to the juror
22		the sum provided for his services.
23		In counties which have a jury commission, in cases of
24		apparent suicide or homicide or of accidental death, the
25		coroner may conduct an inquest. The jury commission shall
26		provide at least 8 jurors to the coroner, from whom the coroner

HB0001 Engrossed - 34 - LRB099 00249 HEP 20254 b
1		shall select any 6 to serve as the jury for the inquest.
2		Inquests may be continued from time to time as the coroner may
3		deem necessary. The 6 jurors originally chosen in a given case
4		may view the body of the deceased. If at any continuation of an
5		inquest one or more of the 6 jurors originally chosen shall be
6		unable to continue to serve, the coroner shall fill the vacancy
7		or vacancies. At the coroner's discretion, additional jurors to
8		fill such vacancies shall be supplied by the jury commission. A
9		juror serving pursuant to this paragraph in such county shall
10		receive compensation from the county at the same rate as the
11		rate of compensation that is paid to petit or grand jurors in
12		the county.
13		In every case in which a fire is determined to be a
14		contributing factor in a death, the coroner shall report the
15		death to the Office of the State Fire Marshal. The coroner
16		shall provide a copy of the death certificate (i) within 30
17		days after filing the permanent death certificate and (ii) in a
18		manner that is agreed upon by the coroner and the State Fire
19		Marshal.
20		In every case in which a drug overdose is determined to be
21		the cause or a contributing factor in the death, the coroner or
22		medical examiner shall report the death to the Department of
23		Public Health. The Department of Public Health shall adopt
24		rules regarding specific information that must be reported in
25		the event of such a death. If possible, the coroner shall
26		report the cause of the overdose. As used in this Section,

HB0001 Engrossed - 35 - LRB099 00249 HEP 20254 b
1		"overdose" has the same meaning as it does in Section 414 of
2		the Illinois Controlled Substances Act. The Department of
3		Public Health shall issue a semiannual report to the General
4		Assembly summarizing the reports received. The Department
5		shall also provide on its website a monthly report of overdose
6		death figures organized by location, age, and any other
7		factors, the Department deems appropriate.
8		In addition, in every case in which domestic violence is
9		determined to be a contributing factor in a death, the coroner
10		shall report the death to the Department of State Police.
11		All deaths in State institutions and all deaths of wards of
12		the State in private care facilities or in programs funded by
13		the Department of Human Services under its powers relating to
14		mental health and developmental disabilities or alcoholism and
15		substance abuse or funded by the Department of Children and
16		Family Services shall be reported to the coroner of the county
17		in which the facility is located. If the coroner has reason to
18		believe that an investigation is needed to determine whether
19		the death was caused by maltreatment or negligent care of the
20		ward of the State, the coroner may conduct a preliminary
21		investigation of the circumstances of such death as in cases of
22		death under circumstances set forth in paragraphs (a) through
23		(e) of this Section.
24		(Source: P.A. 95-484, eff. 6-1-08; 96-1059, eff. 7-14-10.)
25		(55 ILCS 5/5-1069.3)

HB0001 Engrossed - 36 - LRB099 00249 HEP 20254 b
1		Sec. 5-1069.3. Required health benefits. If a county,
2		including a home rule county, is a self-insurer for purposes of
3		providing health insurance coverage for its employees, the
4		coverage shall include coverage for the post-mastectomy care
5		benefits required to be covered by a policy of accident and
6		health insurance under Section 356t and the coverage required
7		under Sections 356g, 356g.5, 356g.5-1, 356u, 356w, 356x,
8		356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
9		356z.14, 356z.15, and 356z.22 of the Illinois Insurance Code.
10		The coverage shall comply with Sections 155.22a, 355b, and
11		356z.19, and 370c of the Illinois Insurance Code. The
12		requirement that health benefits be covered as provided in this
13		Section is an exclusive power and function of the State and is
14		a denial and limitation under Article VII, Section 6,
15		subsection (h) of the Illinois Constitution. A home rule county
16		to which this Section applies must comply with every provision
17		of this Section.
18		Rulemaking authority to implement Public Act 95-1045, if
19		any, is conditioned on the rules being adopted in accordance
20		with all provisions of the Illinois Administrative Procedure
21		Act and all rules and procedures of the Joint Committee on
22		Administrative Rules; any purported rule not so adopted, for
23		whatever reason, is unauthorized.
24		(Source: P.A. 97-282, eff. 8-9-11; 97-343, eff. 1-1-12; 97-813,
25		eff. 7-13-12; 98-189, eff. 1-1-14; 98-1091, eff. 1-1-15.)

HB0001 Engrossed - 37 - LRB099 00249 HEP 20254 b
1		Section 5-55. The Illinois Municipal Code is amended by
2		changing Section 10-4-2.3 as follows:
3		(65 ILCS 5/10-4-2.3)
4		Sec. 10-4-2.3. Required health benefits. If a
5		municipality, including a home rule municipality, is a
6		self-insurer for purposes of providing health insurance
7		coverage for its employees, the coverage shall include coverage
8		for the post-mastectomy care benefits required to be covered by
9		a policy of accident and health insurance under Section 356t
10		and the coverage required under Sections 356g, 356g.5,
11		356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.10,
12		356z.11, 356z.12, 356z.13, 356z.14, 356z.15, and 356z.22 of the
13		Illinois Insurance Code. The coverage shall comply with
14		Sections 155.22a, 355b, and 356z.19, and 370c of the Illinois
15		Insurance Code. The requirement that health benefits be covered
16		as provided in this is an exclusive power and function of the
17		State and is a denial and limitation under Article VII, Section
18		6, subsection (h) of the Illinois Constitution. A home rule
19		municipality to which this Section applies must comply with
20		every provision of this Section.
21		Rulemaking authority to implement Public Act 95-1045, if
22		any, is conditioned on the rules being adopted in accordance
23		with all provisions of the Illinois Administrative Procedure
24		Act and all rules and procedures of the Joint Committee on
25		Administrative Rules; any purported rule not so adopted, for

HB0001 Engrossed - 38 - LRB099 00249 HEP 20254 b
1		whatever reason, is unauthorized.
2		(Source: P.A. 97-282, eff. 8-9-11; 97-343, eff. 1-1-12; 97-813,
3		eff. 7-13-12; 98-189, eff. 1-1-14; 98-1091, eff. 1-1-15.)
4		Section 5-60. The School Code is amended by changing
5		Section 22-30 and adding Section 22-80 as follows:
6		(105 ILCS 5/22-30)
7		Sec. 22-30. Self-administration and self-carry of asthma
8		medication and epinephrine auto-injectors; administration of
9		undesignated epinephrine auto-injectors; administration of an
10		opioid antagonist.
11		(a) For the purpose of this Section only, the following
12		terms shall have the meanings set forth below:
13		"Asthma inhaler" means a quick reliever asthma inhaler.
14		"Epinephrine auto-injector" means a single-use device used
15		for the automatic injection of a pre-measured dose of
16		epinephrine into the human body.
17		"Asthma medication" means a medicine, prescribed by (i) a
18		physician licensed to practice medicine in all its branches,
19		(ii) a physician assistant who has been delegated prescriptive
20		authority the authority to prescribe asthma medications by his
21		or her supervising physician, or (iii) an advanced practice
22		nurse who has a written collaborative agreement with a
23		collaborating physician that delegates prescriptive authority
24		the authority to prescribe asthma medications, for a pupil that

HB0001 Engrossed - 39 - LRB099 00249 HEP 20254 b
1		pertains to the pupil's asthma and that has an individual
2		prescription label.
3		"Opioid antagonist" means a drug that binds to opioid
4		receptors and blocks or inhibits the effect of opioids acting
5		on those receptors, including, but not limited to, naloxone
6		hydrochloride or any other similarly acting drug approved by
7		the U.S. Food and Drug Administration.
8		"School nurse" means a registered nurse working in a school
9		with or without licensure endorsed in school nursing.
10		"Self-administration" means a pupil's discretionary use of
11		his or her prescribed asthma medication or epinephrine
12		auto-injector.
13		"Self-carry" means a pupil's ability to carry his or her
14		prescribed asthma medication or epinephrine auto-injector.
15		"Standing protocol" may be issued by (i) a physician
16		licensed to practice medicine in all its branches, (ii) a
17		physician assistant who has been delegated prescriptive
18		authority the authority to prescribe asthma medications or
19		epinephrine auto-injectors by his or her supervising
20		physician, or (iii) an advanced practice nurse who has a
21		collaborative agreement with a collaborating physician that
22		delegates prescriptive authority to issue a standing protocol
23		for asthma medications or epinephrine auto-injectors.
24		"Trained personnel" means any school employee or volunteer
25		personnel authorized in Sections 10-22.34, 10-22.34a, and
26		10-22.34b of this Code who has completed training under

HB0001 Engrossed - 40 - LRB099 00249 HEP 20254 b
1		subsection (g) of this Section to recognize and respond to
2		anaphylaxis.
3		"Undesignated epinephrine auto-injector" means an
4		epinephrine auto-injector prescribed in the name of a school
5		district, public school, or nonpublic school.
6		(b) A school, whether public or nonpublic, must permit the
7		self-administration and self-carry of asthma medication by a
8		pupil with asthma or the self-administration and self-carry of
9		an epinephrine auto-injector by a pupil, provided that:
10		(1) the parents or guardians of the pupil provide to
11		the school (i) written authorization from the parents or
12		guardians for (A) the self-administration and self-carry
13		of asthma medication or (B) the self-carry of asthma
14		medication or (ii) for (A) the self-administration and
15		self-carry of an epinephrine auto-injector or (B) the
16		self-carry of an epinephrine auto-injector, written
17		authorization from the pupil's physician, physician
18		assistant, or advanced practice nurse; and
19		(2) the parents or guardians of the pupil provide to
20		the school (i) the prescription label, which must contain
21		the name of the asthma medication, the prescribed dosage,
22		and the time at which or circumstances under which the
23		asthma medication is to be administered, or (ii) for the
24		self-administration or self-carry of an epinephrine
25		auto-injector, a written statement from the pupil's
26		physician, physician assistant, or advanced practice nurse

HB0001 Engrossed - 41 - LRB099 00249 HEP 20254 b
1		containing the following information:
2		(A) the name and purpose of the epinephrine
3		auto-injector;
4		(B) the prescribed dosage; and
5		(C) the time or times at which or the special
6		circumstances under which the epinephrine
7		auto-injector is to be administered.
8		The information provided shall be kept on file in the office of
9		the school nurse or, in the absence of a school nurse, the
10		school's administrator.
11		(b-5) A school district, public school, or nonpublic school
12		may authorize the provision of a student-specific or
13		undesignated epinephrine auto-injector to a student or any
14		personnel authorized under a student's Individual Health Care
15		Action Plan, Illinois Food Allergy Emergency Action Plan and
16		Treatment Authorization Form, or plan pursuant to Section 504
17		of the federal Rehabilitation Act of 1973 to administer an
18		epinephrine auto-injector to the student, that meets the
19		student's prescription on file.
20		(b-10) The school district, public school, or nonpublic
21		school may authorize a school nurse or trained personnel to do
22		the following: (i) provide an undesignated epinephrine
23		auto-injector to a student for self-administration only or any
24		personnel authorized under a student's Individual Health Care
25		Action Plan, Illinois Food Allergy Emergency Action Plan and
26		Treatment Authorization Form, or plan pursuant to Section 504

HB0001 Engrossed - 42 - LRB099 00249 HEP 20254 b
1		of the federal Rehabilitation Act of 1973 to administer to the
2		student, that meets the student's prescription on file; (ii)
3		administer an undesignated epinephrine auto-injector that
4		meets the prescription on file to any student who has an
5		Individual Health Care Action Plan, Illinois Food Allergy
6		Emergency Action Plan and Treatment Authorization Form, or plan
7		pursuant to Section 504 of the federal Rehabilitation Act of
8		1973 that authorizes the use of an epinephrine auto-injector;
9		and (iii) administer an undesignated epinephrine auto-injector
10		to any person that the school nurse or trained personnel in
11		good faith believes is having an anaphylactic reaction; and
12		(iv) administer an opioid antagonist to any person that the
13		school nurse or trained personnel in good faith believes is
14		having an opioid overdose.
15		(c) The school district, public school, or nonpublic school
16		must inform the parents or guardians of the pupil, in writing,
17		that the school district, public school, or nonpublic school
18		and its employees and agents, including a physician, physician
19		assistant, or advanced practice nurse providing standing
20		protocol or prescription for school epinephrine
21		auto-injectors, are to incur no liability or professional
22		discipline, except for willful and wanton conduct, as a result
23		of any injury arising from the administration of asthma
24		medication, or of an epinephrine auto-injector, or an opioid
25		antagonist regardless of whether authorization was given by the
26		pupil's parents or guardians or by the pupil's physician,

HB0001 Engrossed - 43 - LRB099 00249 HEP 20254 b
1		physician assistant, or advanced practice nurse. The parents or
2		guardians of the pupil must sign a statement acknowledging that
3		the school district, public school, or nonpublic school and its
4		employees and agents are to incur no liability, except for
5		willful and wanton conduct, as a result of any injury arising
6		from the administration of asthma medication, or of an
7		epinephrine auto-injector, or an opioid antagonist regardless
8		of whether authorization was given by the pupil's parents or
9		guardians or by the pupil's physician, physician assistant, or
10		advanced practice nurse and that the parents or guardians must
11		indemnify and hold harmless the school district, public school,
12		or nonpublic school and its employees and agents against any
13		claims, except a claim based on willful and wanton conduct,
14		arising out of the administration of asthma medication, or of
15		an epinephrine auto-injector, or an opioid antagonist
16		regardless of whether authorization was given by the pupil's
17		parents or guardians or by the pupil's physician, physician
18		assistant, or advanced practice nurse.
19		(c-5) When Upon the effective date of this amendatory Act
20		of the 98th General Assembly, when a school nurse or trained
21		personnel administers an undesignated epinephrine
22		auto-injector to a person whom the school nurse or trained
23		personnel in good faith believes is having an anaphylactic
24		reaction, or administers an opioid antagonist to a person whom
25		the school nurse or trained personnel in good faith believes is
26		having an opioid overdose, notwithstanding the lack of notice

HB0001 Engrossed - 44 - LRB099 00249 HEP 20254 b
1		to the parents or guardians of the pupil or the absence of the
2		parents or guardians signed statement acknowledging no
3		liability, except for willful and wanton conduct, the school
4		district, public school, or nonpublic school and its employees
5		and agents, and a physician, a physician assistant, or an
6		advanced practice nurse providing standing protocol or
7		prescription for undesignated epinephrine auto-injectors, are
8		to incur no liability or professional discipline, except for
9		willful and wanton conduct, as a result of any injury arising
10		from the use of an undesignated epinephrine auto-injector or
11		the use of an opioid antagonist regardless of whether
12		authorization was given by the pupil's parents or guardians or
13		by the pupil's physician, physician assistant, or advanced
14		practice nurse.
15		(d) The permission for self-administration and self-carry
16		of asthma medication or the self-administration and self-carry
17		of an epinephrine auto-injector is effective for the school
18		year for which it is granted and shall be renewed each
19		subsequent school year upon fulfillment of the requirements of
20		this Section.
21		(e) Provided that the requirements of this Section are
22		fulfilled, a pupil with asthma may self-administer and
23		self-carry his or her asthma medication or a pupil may
24		self-administer and self-carry an epinephrine auto-injector
25		(i) while in school, (ii) while at a school-sponsored activity,
26		(iii) while under the supervision of school personnel, or (iv)

HB0001 Engrossed - 45 - LRB099 00249 HEP 20254 b
1		before or after normal school activities, such as while in
2		before-school or after-school care on school-operated
3		property.
4		(e-5) Provided that the requirements of this Section are
5		fulfilled, a school nurse or trained personnel may administer
6		an undesignated epinephrine auto-injector to any person whom
7		the school nurse or trained personnel in good faith believes to
8		be having an anaphylactic reaction (i) while in school, (ii)
9		while at a school-sponsored activity, (iii) while under the
10		supervision of school personnel, or (iv) before or after normal
11		school activities, such as while in before-school or
12		after-school care on school-operated property. A school nurse
13		or trained personnel may carry undesignated epinephrine
14		auto-injectors on his or her person while in school or at a
15		school-sponsored activity.
16		(e-10) Provided that the requirements of this Section are
17		fulfilled, a school nurse or trained personnel may administer
18		an opioid antagonist to any person whom the school nurse or
19		trained personnel in good faith believes to be having an opioid
20		overdose (i) while in school, (ii) while at a school-sponsored
21		activity, (iii) while under the supervision of school
22		personnel, or (iv) before or after normal school activities,
23		such as while in before-school or after-school care on
24		school-operated property. A school nurse or trained personnel
25		may carry an opioid antagonist on their person while in school
26		or at a school-sponsored activity.

HB0001 Engrossed - 46 - LRB099 00249 HEP 20254 b
1		(f) The school district, public school, or nonpublic school
2		may maintain a supply of undesignated epinephrine
3		auto-injectors in any secure location where an allergic person
4		is most at risk, including, but not limited to, classrooms and
5		lunchrooms. A physician, a physician assistant who has been
6		delegated prescriptive authority for asthma medication or
7		epinephrine auto-injectors in accordance with Section 7.5 of
8		the Physician Assistant Practice Act of 1987, or an advanced
9		practice nurse who has been delegated prescriptive authority
10		for asthma medication or epinephrine auto-injectors in
11		accordance with Section 65-40 of the Nurse Practice Act may
12		prescribe undesignated epinephrine auto-injectors in the name
13		of the school district, public school, or nonpublic school to
14		be maintained for use when necessary. Any supply of epinephrine
15		auto-injectors shall be maintained in accordance with the
16		manufacturer's instructions.
17		The school district, public school, or nonpublic school may
18		maintain a supply of an opioid antagonist in any secure
19		location where an individual may have an opioid overdose. A
20		health care professional who has been delegated prescriptive
21		authority for opioid antagonists in accordance with Section
22		5-23 of the Alcoholism and Other Drug Abuse and Dependency Act
23		may prescribe opioid antagonists in the name of the school
24		district, public school, or nonpublic school, to be maintained
25		for use when necessary. Any supply of opioid antagonists shall
26		be maintained in accordance with the manufacturer's

HB0001 Engrossed - 47 - LRB099 00249 HEP 20254 b
1		instructions.
2		(f-5) Upon any administration of an epinephrine
3		auto-injector, a school district, public school, or nonpublic
4		school must immediately activate the EMS system and notify the
5		student's parent, guardian, or emergency contact, if known.
6		Upon any administration of an opioid antagonist, a school
7		district, public school, or nonpublic school must immediately
8		activate the EMS system and notify the student's parent,
9		guardian, or emergency contact, if known.
10		(f-10) Within 24 hours of the administration of an
11		undesignated epinephrine auto-injector, a school district,
12		public school, or nonpublic school must notify the physician,
13		physician assistant, or advance practice nurse who provided the
14		standing protocol or prescription for the undesignated
15		epinephrine auto-injector of its use.
16		Within 24 hours after the administration of an opioid
17		antagonist, a school district, public school, or nonpublic
18		school must notify the health care professional who provided
19		the prescription for the opioid antagonist of its use.
20		(g) Prior to the administration of an undesignated
21		epinephrine auto-injector, trained personnel must submit to
22		his or her school's administration proof of completion of a
23		training curriculum to recognize and respond to anaphylaxis
24		that meets the requirements of subsection (h) of this Section.
25		Training must be completed annually. Trained personnel must
26		also submit to his or her school's administration proof of

HB0001 Engrossed - 48 - LRB099 00249 HEP 20254 b
1		cardiopulmonary resuscitation and automated external
2		defibrillator certification. The school district, public
3		school, or nonpublic school must maintain records related to
4		the training curriculum and trained personnel.
5		Prior to the administration of an opioid antagonist,
6		trained personnel must submit to their school's administration
7		proof of completion of a training curriculum to recognize and
8		respond to an opioid overdose, which curriculum must meet the
9		requirements of subsection (h-5) of this Section. Training must
10		be completed annually. Trained personnel must also submit to
11		the school's administration proof of cardiopulmonary
12		resuscitation and automated external defibrillator
13		certification. The school district, public school, or
14		nonpublic school must maintain records relating to the training
15		curriculum and the trained personnel.
16		(h) A training curriculum to recognize and respond to
17		anaphylaxis, including the administration of an undesignated
18		epinephrine auto-injector, may be conducted online or in
19		person. It must include, but is not limited to:
20		(1) how to recognize symptoms of an allergic reaction;
21		(2) a review of high-risk areas within the school and
22		its related facilities;
23		(3) steps to take to prevent exposure to allergens;
24		(4) how to respond to an emergency involving an
25		allergic reaction;
26		(5) how to administer an epinephrine auto-injector;

HB0001 Engrossed - 49 - LRB099 00249 HEP 20254 b
1		(6) how to respond to a student with a known allergy as
2		well as a student with a previously unknown allergy;
3		(7) a test demonstrating competency of the knowledge
4		required to recognize anaphylaxis and administer an
5		epinephrine auto-injector; and
6		(8) other criteria as determined in rules adopted
7		pursuant to this Section.
8		In consultation with statewide professional organizations
9		representing physicians licensed to practice medicine in all of
10		its branches, registered nurses, and school nurses, the State
11		Board of Education shall make available resource materials
12		consistent with criteria in this subsection (h) for educating
13		trained personnel to recognize and respond to anaphylaxis. The
14		State Board may take into consideration the curriculum on this
15		subject developed by other states, as well as any other
16		curricular materials suggested by medical experts and other
17		groups that work on life-threatening allergy issues. The State
18		Board is not required to create new resource materials. The
19		State Board shall make these resource materials available on
20		its Internet website.
21		(h-5) A training curriculum to recognize and respond to an
22		opioid overdose, including the administration of an opioid
23		antagonist, may be conducted online or in person. The training
24		must comply with any training requirements under Section 5-23
25		of the Alcoholism and Other Drug Abuse and Dependency Act and
26		the corresponding rules. It must include, but is not limited

HB0001 Engrossed - 50 - LRB099 00249 HEP 20254 b
1		to:
2		(1) how to recognize symptoms of an opioid overdose;
3		(2) information on drug overdose prevention and
4		recognition;
5		(3) how to perform rescue breathing and resuscitation;
6		(4) how to respond to an emergency involving an opioid
7		overdose;
8		(5) opioid antagonist dosage and administration;
9		(6) the importance of calling 911;
10		(7) care for the overdose victim after administration
11		of the overdose antagonist;
12		(8) a test demonstrating competency of the knowledge
13		required to recognize an opioid overdose and administer a
14		dose of an opioid antagonist; and
15		(9) other criteria as determined in rules adopted
16		pursuant to this Section.
17		(i) Within 3 days after the administration of an
18		undesignated epinephrine auto-injector by a school nurse,
19		trained personnel, or a student at a school or school-sponsored
20		activity, the school must report to the Board in a form and
21		manner prescribed by the Board the following information:
22		(1) age and type of person receiving epinephrine
23		(student, staff, visitor);
24		(2) any previously known diagnosis of a severe allergy;
25		(3) trigger that precipitated allergic episode;
26		(4) location where symptoms developed;

HB0001 Engrossed - 51 - LRB099 00249 HEP 20254 b
1		(5) number of doses administered;
2		(6) type of person administering epinephrine (school
3		nurse, trained personnel, student); and
4		(7) any other information required by the Board.
5		(i-5) Within 3 days after the administration of an opioid
6		antagonist by a school nurse or trained personnel, the school
7		must report to the Board, in a form and manner prescribed by
8		the Board, the following information:
9		(1) the age and type of person receiving the opioid
10		antagonist (student, staff, or visitor);
11		(2) the location where symptoms developed;
12		(3) the type of person administering the opioid
13		antagonist (school nurse or trained personnel); and
14		(4) any other information required by the Board.
15		(j) By October 1, 2015 and every year thereafter, the Board
16		shall submit a report to the General Assembly identifying the
17		frequency and circumstances of epinephrine administration
18		during the preceding academic year. This report shall be
19		published on the Board's Internet website on the date the
20		report is delivered to the General Assembly.
21		On or before October 1, 2016 and every year thereafter, the
22		Board shall submit a report to the General Assembly and the
23		Department of Public Health identifying the frequency and
24		circumstances of opioid antagonist administration during the
25		preceding academic year. This report shall be published on the
26		State Board's Internet website on the date the report is

HB0001 Engrossed - 52 - LRB099 00249 HEP 20254 b
1		delivered to the General Assembly.
2		(k) The Board may adopt rules necessary to implement this
3		Section.
4		(Source: P.A. 97-361, eff. 8-15-11; 98-795, eff. 8-1-14.)
5		(105 ILCS 5/22-80 new)
6		Sec. 22-80. Heroin and opioid prevention pilot program. By
7		January 1, 2017, the State Board of Education and the
8		Department of Human Services shall develop and establish a
9		3-year heroin and opioid drug prevention pilot program that
10		offers educational materials and instruction on heroin and
11		opioid abuse to all school districts in the State for use at
12		their respective public elementary and secondary schools. A
13		school district's participation in the pilot program shall be
14		voluntary. Subject to appropriation, the Department of Human
15		Services shall reimburse a school district that decides to
16		participate in the pilot program for any costs it incurs in
17		connection with its participation in the pilot program. Each
18		school district that participates in the pilot program shall
19		have the discretion to determine which grade levels the school
20		district will instruct under the program.
21		The pilot program must use effective, research-proven,
22		interactive teaching methods and technologies, and must
23		provide students, parents, and school staff with scientific,
24		social, and emotional learning content to help them understand
25		the risk of drug use. Such learning content must specifically

HB0001 Engrossed - 53 - LRB099 00249 HEP 20254 b
1		target the dangers of prescription pain medication and heroin
2		abuse. The Department may contract with a health education
3		organization to fulfill the requirements of the pilot program.
4		The State Board of Education, the Department of Human
5		Services, and any contracted organization shall submit an
6		annual report to the General Assembly that includes: (i) a list
7		of school districts participating in the pilot program; (ii)
8		the grade levels each school district instructs under the pilot
9		program; and (iii) any findings regarding the effectiveness of
10		the pilot program.
11		Section 5-65. The Emergency Medical Services (EMS) Systems
12		Act is amended by changing Sections 3.30 and 3.50 as follows:
13		(210 ILCS 50/3.30)
14		Sec. 3.30. EMS Region Plan; Content.
15		(a) The EMS Medical Directors Committee shall address at
16		least the following:
17		(1) Protocols for inter-System/inter-Region patient
18		transports, including identifying the conditions of
19		emergency patients which may not be transported to the
20		different levels of emergency department, based on their
21		Department classifications and relevant Regional
22		considerations (e.g. transport times and distances);
23		(2) Regional standing medical orders;
24		(3) Patient transfer patterns, including criteria for

HB0001 Engrossed - 54 - LRB099 00249 HEP 20254 b
1		determining whether a patient needs the specialized
2		services of a trauma center, along with protocols for the
3		bypassing of or diversion to any hospital, trauma center or
4		regional trauma center which are consistent with
5		individual System bypass or diversion protocols and
6		protocols for patient choice or refusal;
7		(4) Protocols for resolving Regional or Inter-System
8		conflict;
9		(5) An EMS disaster preparedness plan which includes
10		the actions and responsibilities of all EMS participants
11		within the Region. Within 90 days of the effective date of
12		this amendatory Act of 1996, an EMS System shall submit to
13		the Department for review an internal disaster plan. At a
14		minimum, the plan shall include contingency plans for the
15		transfer of patients to other facilities if an evacuation
16		of the hospital becomes necessary due to a catastrophe,
17		including but not limited to, a power failure;
18		(6) Regional standardization of continuing education
19		requirements;
20		(7) Regional standardization of Do Not Resuscitate
21		(DNR) policies, and protocols for power of attorney for
22		health care;
23		(8) Protocols for disbursement of Department grants;
24		and
25		(9) Protocols for the triage, treatment, and transport
26		of possible acute stroke patients; and .

HB0001 Engrossed - 55 - LRB099 00249 HEP 20254 b
1		(10) Regional standing medical orders for the
2		administration of opioid antagonists.
3		(b) The Trauma Center Medical Directors or Trauma Center
4		Medical Directors Committee shall address at least the
5		following:
6		(1) The identification of Regional Trauma Centers;
7		(2) Protocols for inter-System and inter-Region trauma
8		patient transports, including identifying the conditions
9		of emergency patients which may not be transported to the
10		different levels of emergency department, based on their
11		Department classifications and relevant Regional
12		considerations (e.g. transport times and distances);
13		(3) Regional trauma standing medical orders;
14		(4) Trauma patient transfer patterns, including
15		criteria for determining whether a patient needs the
16		specialized services of a trauma center, along with
17		protocols for the bypassing of or diversion to any
18		hospital, trauma center or regional trauma center which are
19		consistent with individual System bypass or diversion
20		protocols and protocols for patient choice or refusal;
21		(5) The identification of which types of patients can
22		be cared for by Level I and Level II Trauma Centers;
23		(6) Criteria for inter-hospital transfer of trauma
24		patients;
25		(7) The treatment of trauma patients in each trauma
26		center within the Region;

HB0001 Engrossed - 56 - LRB099 00249 HEP 20254 b
1		(8) A program for conducting a quarterly conference
2		which shall include at a minimum a discussion of morbidity
3		and mortality between all professional staff involved in
4		the care of trauma patients;
5		(9) The establishment of a Regional trauma quality
6		assurance and improvement subcommittee, consisting of
7		trauma surgeons, which shall perform periodic medical
8		audits of each trauma center's trauma services, and forward
9		tabulated data from such reviews to the Department; and
10		(10) The establishment, within 90 days of the effective
11		date of this amendatory Act of 1996, of an internal
12		disaster plan, which shall include, at a minimum,
13		contingency plans for the transfer of patients to other
14		facilities if an evacuation of the hospital becomes
15		necessary due to a catastrophe, including but not limited
16		to, a power failure.
17		(c) The Region's EMS Medical Directors and Trauma Center
18		Medical Directors Committees shall appoint any subcommittees
19		which they deem necessary to address specific issues concerning
20		Region activities.
21		(Source: P.A. 96-514, eff. 1-1-10.)
22		(210 ILCS 50/3.50)
23		Sec. 3.50. Emergency Medical Services personnel licensure
24		levels.
25		(a) "Emergency Medical Technician" or "EMT" means a person

HB0001 Engrossed - 57 - LRB099 00249 HEP 20254 b
1		who has successfully completed a course in basic life support
2		as approved by the Department, is currently licensed by the
3		Department in accordance with standards prescribed by this Act
4		and rules adopted by the Department pursuant to this Act, and
5		practices within an EMS System. A valid Emergency Medical
6		Technician-Basic (EMT-B) license issued under this Act shall
7		continue to be valid and shall be recognized as an Emergency
8		Medical Technician (EMT) license until the Emergency Medical
9		Technician-Basic (EMT-B) license expires.
10		(b) "Emergency Medical Technician-Intermediate" or "EMT-I"
11		means a person who has successfully completed a course in
12		intermediate life support as approved by the Department, is
13		currently licensed by the Department in accordance with
14		standards prescribed by this Act and rules adopted by the
15		Department pursuant to this Act, and practices within an
16		Intermediate or Advanced Life Support EMS System.
17		(b-5) "Advanced Emergency Medical Technician" or "A-EMT"
18		means a person who has successfully completed a course in basic
19		and limited advanced emergency medical care as approved by the
20		Department, is currently licensed by the Department in
21		accordance with standards prescribed by this Act and rules
22		adopted by the Department pursuant to this Act, and practices
23		within an Intermediate or Advanced Life Support EMS System.
24		(c) "Paramedic (EMT-P)" means a person who has successfully
25		completed a course in advanced life support care as approved by
26		the Department, is licensed by the Department in accordance

HB0001 Engrossed - 58 - LRB099 00249 HEP 20254 b
1		with standards prescribed by this Act and rules adopted by the
2		Department pursuant to this Act, and practices within an
3		Advanced Life Support EMS System. A valid Emergency Medical
4		Technician-Paramedic (EMT-P) license issued under this Act
5		shall continue to be valid and shall be recognized as a
6		Paramedic license until the Emergency Medical
7		Technician-Paramedic (EMT-P) license expires.
8		(c-5) "Emergency Medical Responder" or "EMR (First
9		Responder)" means a person who has successfully completed a
10		course in emergency medical response as approved by the
11		Department and provides emergency medical response services
12		prior to the arrival of an ambulance or specialized emergency
13		medical services vehicle, in accordance with the level of care
14		established by the National EMS Educational Standards
15		Emergency Medical Responder course as modified by the
16		Department. An Emergency Medical Responder who provides
17		services as part of an EMS System response plan shall comply
18		with the applicable sections of the Program Plan, as approved
19		by the Department, of that EMS System. The Department shall
20		have the authority to adopt rules governing the curriculum,
21		practice, and necessary equipment applicable to Emergency
22		Medical Responders.
23		On the effective date of this amendatory Act of the 98th
24		General Assembly, a person who is licensed by the Department as
25		a First Responder and has completed a Department-approved
26		course in first responder defibrillator training based on, or

HB0001 Engrossed - 59 - LRB099 00249 HEP 20254 b
1		equivalent to, the National EMS Educational Standards or other
2		standards previously recognized by the Department shall be
3		eligible for licensure as an Emergency Medical Responder upon
4		meeting the licensure requirements and submitting an
5		application to the Department. A valid First Responder license
6		issued under this Act shall continue to be valid and shall be
7		recognized as an Emergency Medical Responder license until the
8		First Responder license expires.
9		(c-10) All EMS Systems and licensees shall be fully
10		compliant with the National EMS Education Standards, as
11		modified by the Department in administrative rules, within 24
12		months after the adoption of the administrative rules.
13		(d) The Department shall have the authority and
14		responsibility to:
15		(1) Prescribe education and training requirements,
16		which includes training in the use of epinephrine, for all
17		levels of EMS personnel except for EMRs, based on the
18		National EMS Educational Standards and any modifications
19		to those curricula specified by the Department through
20		rules adopted pursuant to this Act.
21		(2) Prescribe licensure testing requirements for all
22		levels of EMS personnel, which shall include a requirement
23		that all phases of instruction, training, and field
24		experience be completed before taking the appropriate
25		licensure examination. Candidates may elect to take the
26		appropriate National Registry examination in lieu of the

HB0001 Engrossed - 60 - LRB099 00249 HEP 20254 b
1		Department's examination, but are responsible for making
2		their own arrangements for taking the National Registry
3		examination. In prescribing licensure testing requirements
4		for honorably discharged members of the armed forces of the
5		United States under this paragraph (2), the Department
6		shall ensure that a candidate's military emergency medical
7		training, emergency medical curriculum completed, and
8		clinical experience, as described in paragraph (2.5), are
9		recognized.
10		(2.5) Review applications for EMS personnel licensure
11		from honorably discharged members of the armed forces of
12		the United States with military emergency medical
13		training. Applications shall be filed with the Department
14		within one year after military discharge and shall contain:
15		(i) proof of successful completion of military emergency
16		medical training; (ii) a detailed description of the
17		emergency medical curriculum completed; and (iii) a
18		detailed description of the applicant's clinical
19		experience. The Department may request additional and
20		clarifying information. The Department shall evaluate the
21		application, including the applicant's training and
22		experience, consistent with the standards set forth under
23		subsections (a), (b), (c), and (d) of Section 3.10. If the
24		application clearly demonstrates that the training and
25		experience meets such standards, the Department shall
26		offer the applicant the opportunity to successfully

HB0001 Engrossed - 61 - LRB099 00249 HEP 20254 b
1		complete a Department-approved EMS personnel examination
2		for the level of license for which the applicant is
3		qualified. Upon passage of an examination, the Department
4		shall issue a license, which shall be subject to all
5		provisions of this Act that are otherwise applicable to the
6		level of EMS personnel license issued.
7		(3) License individuals as an EMR, EMT, EMT-I, A-EMT,
8		or Paramedic who have met the Department's education,
9		training and examination requirements.
10		(4) Prescribe annual continuing education and
11		relicensure requirements for all EMS personnel licensure
12		levels.
13		(5) Relicense individuals as an EMD, EMR, EMT, EMT-I,
14		A-EMT, or Paramedic every 4 years, based on their
15		compliance with continuing education and relicensure
16		requirements as required by the Department pursuant to this
17		Act. Every 4 years, a Paramedic shall have 100 hours of
18		approved continuing education, an EMT-I and an advanced EMT
19		shall have 80 hours of approved continuing education, and
20		an EMT shall have 60 hours of approved continuing
21		education. An Illinois licensed EMR, EMD, EMT, EMT-I,
22		A-EMT, Paramedic, ECRN, or PHRN whose license has been
23		expired for less than 36 months may apply for reinstatement
24		by the Department. Reinstatement shall require that the
25		applicant (i) submit satisfactory proof of completion of
26		continuing medical education and clinical requirements to

HB0001 Engrossed - 62 - LRB099 00249 HEP 20254 b
1		be prescribed by the Department in an administrative rule;
2		(ii) submit a positive recommendation from an Illinois EMS
3		Medical Director attesting to the applicant's
4		qualifications for retesting; and (iii) pass a Department
5		approved test for the level of EMS personnel license sought
6		to be reinstated.
7		(6) Grant inactive status to any EMR, EMD, EMT, EMT-I,
8		A-EMT, Paramedic, ECRN, or PHRN who qualifies, based on
9		standards and procedures established by the Department in
10		rules adopted pursuant to this Act.
11		(7) Charge a fee for EMS personnel examination,
12		licensure, and license renewal.
13		(8) Suspend, revoke, or refuse to issue or renew the
14		license of any licensee, after an opportunity for an
15		impartial hearing before a neutral administrative law
16		judge appointed by the Director, where the preponderance of
17		the evidence shows one or more of the following:
18		(A) The licensee has not met continuing education
19		or relicensure requirements as prescribed by the
20		Department;
21		(B) The licensee has failed to maintain
22		proficiency in the level of skills for which he or she
23		is licensed;
24		(C) The licensee, during the provision of medical
25		services, engaged in dishonorable, unethical, or
26		unprofessional conduct of a character likely to

HB0001 Engrossed - 63 - LRB099 00249 HEP 20254 b
1		deceive, defraud, or harm the public;
2		(D) The licensee has failed to maintain or has
3		violated standards of performance and conduct as
4		prescribed by the Department in rules adopted pursuant
5		to this Act or his or her EMS System's Program Plan;
6		(E) The licensee is physically impaired to the
7		extent that he or she cannot physically perform the
8		skills and functions for which he or she is licensed,
9		as verified by a physician, unless the person is on
10		inactive status pursuant to Department regulations;
11		(F) The licensee is mentally impaired to the extent
12		that he or she cannot exercise the appropriate
13		judgment, skill and safety for performing the
14		functions for which he or she is licensed, as verified
15		by a physician, unless the person is on inactive status
16		pursuant to Department regulations;
17		(G) The licensee has violated this Act or any rule
18		adopted by the Department pursuant to this Act; or
19		(H) The licensee has been convicted (or entered a
20		plea of guilty or nolo-contendere) by a court of
21		competent jurisdiction of a Class X, Class 1, or Class
22		2 felony in this State or an out-of-state equivalent
23		offense.
24		(9) Prescribe education and training requirements in
25		the administration and use of opioid antagonists for all
26		levels of EMS personnel based on the National EMS

HB0001 Engrossed - 64 - LRB099 00249 HEP 20254 b
1		Educational Standards and any modifications to those
2		curricula specified by the Department through rules
3		adopted pursuant to this Act.
4		(d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, or
5		PHRN who is a member of the Illinois National Guard or an
6		Illinois State Trooper or who exclusively serves as a volunteer
7		for units of local government with a population base of less
8		than 5,000 or as a volunteer for a not-for-profit organization
9		that serves a service area with a population base of less than
10		5,000 may submit an application to the Department for a waiver
11		of the fees described under paragraph (7) of subsection (d) of
12		this Section on a form prescribed by the Department.
13		The education requirements prescribed by the Department
14		under this Section must allow for the suspension of those
15		requirements in the case of a member of the armed services or
16		reserve forces of the United States or a member of the Illinois
17		National Guard who is on active duty pursuant to an executive
18		order of the President of the United States, an act of the
19		Congress of the United States, or an order of the Governor at
20		the time that the member would otherwise be required to fulfill
21		a particular education requirement. Such a person must fulfill
22		the education requirement within 6 months after his or her
23		release from active duty.
24		(e) In the event that any rule of the Department or an EMS
25		Medical Director that requires testing for drug use as a
26		condition of the applicable EMS personnel license conflicts

HB0001 Engrossed - 65 - LRB099 00249 HEP 20254 b
1		with or duplicates a provision of a collective bargaining
2		agreement that requires testing for drug use, that rule shall
3		not apply to any person covered by the collective bargaining
4		agreement.
5		(Source: P.A. 97-333, eff. 8-12-11; 97-509, eff. 8-23-11;
6		97-813, eff. 7-13-12; 97-1014, eff. 1-1-13; 98-53, eff. 1-1-14;
7		98-463, eff. 8-16-13; 98-973, eff. 8-15-14.)
8		Section 5-70. The Hospital Licensing Act is amended by
9		adding Section 6.14g as follows:
10		(210 ILCS 85/6.14g new)
11		Sec. 6.14g. Reports to the Department; opioid overdoses.
12		(a) As used in this Section:
13		"Overdose" has the same meaning as provided in Section 414
14		of the Illinois Controlled Substances Act.
15		"Health care professional" includes a physician licensed
16		to practice medicine in all its branches, a physician
17		assistant, or an advanced practice nurse licensed in the State.
18		(b) When treatment is provided in a hospital's emergency
19		department, a health care professional who treats a drug
20		overdose or hospital administrator or designee shall report the
21		case to the Department of Public Health within 48 hours of
22		providing treatment for the drug overdose or at such time the
23		drug overdose is confirmed. The Department shall by rule create
24		a form for this purpose which requires the following

HB0001 Engrossed - 66 - LRB099 00249 HEP 20254 b
1		information, if known: (1) whether an opioid antagonist was
2		administered; (2) the cause of the overdose; and (3) the
3		demographic information of the person treated. The Department
4		shall create the form with input from the statewide association
5		representing a majority of hospitals in Illinois. The person
6		completing the form may not disclose the name, address, or any
7		other personal information of the individual experiencing the
8		overdose.
9		(c) The identity of the person and entity reporting under
10		this subsection shall not be disclosed to the subject of the
11		report. For the purposes of this subsection, the health care
12		professional, hospital administrator, or designee making the
13		report and his or her employer shall not be held criminally,
14		civilly, or professionally liable for reporting under this
15		subsection, except for willful or wanton misconduct.
16		(d) The Department shall provide a semiannual report to the
17		General Assembly summarizing the reports received. The
18		Department shall also provide on its website a monthly report
19		of drug overdose figures. The figures shall be organized by the
20		overdose location, the age of the victim, the cause of the
21		overdose, and any other factors the Department deems
22		appropriate.
23		Section 5-72. The Safe Pharmaceutical Disposal Act is
24		amended by changing Section 17 as follows:

HB0001 Engrossed - 67 - LRB099 00249 HEP 20254 b
1		(210 ILCS 150/17)
2		Sec. 17. Pharmaceutical disposal. Notwithstanding any
3		provision of law, any city, village, or municipality may
4		authorize the use of its city hall or police department to
5		display a container suitable for use as a receptacle for used,
6		expired, or unwanted pharmaceuticals. These used, expired, or
7		unwanted pharmaceuticals may include unused medication and
8		prescription drugs, as well as controlled substances if
9		collected in accordance with federal law. This receptacle shall
10		only permit the deposit of items, and the contents shall be
11		locked and secured. The container shall be accessible to the
12		public and shall have posted clearly legible signage indicating
13		that expired or unwanted prescription drugs may be disposed of
14		in the receptacle.
15		(Source: P.A. 97-546, eff. 1-1-12.)
16		Section 5-75. The Illinois Insurance Code is amended by
17		changing Sections 352, 370c, and 370c.1 and by adding Section
18		356z.23 as follows:
19		(215 ILCS 5/352) (from Ch. 73, par. 964)
20		Sec. 352. Scope of Article.
21		(a) Except as provided in subsections (b), (c), (d), and
22		(e), this Article shall apply to all companies transacting in
23		this State the kinds of business enumerated in clause (b) of
24		Class 1 and clause (a) of Class 2 of section 4. Nothing in this

HB0001 Engrossed - 68 - LRB099 00249 HEP 20254 b
1		Article shall apply to, or in any way affect policies or
2		contracts described in clause (a) of Class 1 of Section 4;
3		however, this Article shall apply to policies and contracts
4		which contain benefits providing reimbursement for the
5		expenses of long term health care which are certified or
6		ordered by a physician including but not limited to
7		professional nursing care, custodial nursing care, and
8		non-nursing custodial care provided in a nursing home or at a
9		residence of the insured.
10		(b) (Blank). This Article does not apply to policies of
11		accident and health insurance issued in compliance with Article
12		XIXB of this Code.
13		(c) A policy issued and delivered in this State that
14		provides coverage under that policy for certificate holders who
15		are neither residents of nor employed in this State does not
16		need to provide to those nonresident certificate holders who
17		are not employed in this State the coverages or services
18		mandated by this Article.
19		(d) Stop-loss insurance is exempt from all Sections of this
20		Article, except this Section and Sections 353a, 354, 357.30,
21		and 370. For purposes of this exemption, stop-loss insurance is
22		further defined as follows:
23		(1) The policy must be issued to and insure an
24		employer, trustee, or other sponsor of the plan, or the
25		plan itself, but not employees, members, or participants.
26		(2) Payments by the insurer must be made to the

HB0001 Engrossed - 69 - LRB099 00249 HEP 20254 b
1		employer, trustee, or other sponsors of the plan, or the
2		plan itself, but not to the employees, members,
3		participants, or health care providers.
4		(e) A policy issued or delivered in this State to the
5		Department of Healthcare and Family Services (formerly
6		Illinois Department of Public Aid) and providing coverage,
7		under clause (b) of Class 1 or clause (a) of Class 2 as
8		described in Section 4, to persons who are enrolled under
9		Article V of the Illinois Public Aid Code or under the
10		Children's Health Insurance Program Act is exempt from all
11		restrictions, limitations, standards, rules, or regulations
12		respecting benefits imposed by or under authority of this Code,
13		except those specified by subsection (1) of Section 143,
14		Section 370c, and Section 370c.1. Nothing in this subsection,
15		however, affects the total medical services available to
16		persons eligible for medical assistance under the Illinois
17		Public Aid Code.
18		(Source: P.A. 95-331, eff. 8-21-07.)
19		(215 ILCS 5/356z.23 new)
20		Sec. 356z.23. Coverage for opioid antagonists.
21		(a) An individual or group policy of accident and health
22		insurance amended, delivered, issued, or renewed in this State
23		after the effective date of this amendatory Act of the 99th
24		General Assembly that provides coverage for prescription drugs
25		must provide coverage for at least one opioid antagonist,

HB0001 Engrossed - 70 - LRB099 00249 HEP 20254 b
1		including the medication product, administration devices, and
2		any pharmacy administration fees related to the dispensing of
3		the opioid antagonist. This coverage must include refills for
4		expired or utilized opioid antagonists.
5		(b) As used in this Section, "opioid antagonist" means a
6		drug that binds to opioid receptors and blocks or inhibits the
7		effect of opioids acting on those receptors, including, but not
8		limited to, naloxone hydrochloride or any other similarly
9		acting drug approved by the U.S. Food and Drug Administration.
10		(215 ILCS 5/370c) (from Ch. 73, par. 982c)
11		Sec. 370c. Mental and emotional disorders.
12		(a) (1) On and after the effective date of this amendatory
13		Act of the 97th General Assembly, every insurer which amends,
14		delivers, issues, or renews group accident and health policies
15		providing coverage for hospital or medical treatment or
16		services for illness on an expense-incurred basis shall offer
17		to the applicant or group policyholder subject to the insurer's
18		standards of insurability, coverage for reasonable and
19		necessary treatment and services for mental, emotional or
20		nervous disorders or conditions, other than serious mental
21		illnesses as defined in item (2) of subsection (b), consistent
22		with the parity requirements of Section 370c.1 of this Code.
23		(2) Each insured that is covered for mental, emotional,
24		nervous, or substance use disorders or conditions shall be free
25		to select the physician licensed to practice medicine in all

HB0001 Engrossed - 71 - LRB099 00249 HEP 20254 b
1		its branches, licensed clinical psychologist, licensed
2		clinical social worker, licensed clinical professional
3		counselor, licensed marriage and family therapist, licensed
4		speech-language pathologist, or other licensed or certified
5		professional at a program licensed pursuant to the Illinois
6		Alcoholism and Other Drug Abuse and Dependency Act of his
7		choice to treat such disorders, and the insurer shall pay the
8		covered charges of such physician licensed to practice medicine
9		in all its branches, licensed clinical psychologist, licensed
10		clinical social worker, licensed clinical professional
11		counselor, licensed marriage and family therapist, licensed
12		speech-language pathologist, or other licensed or certified
13		professional at a program licensed pursuant to the Illinois
14		Alcoholism and Other Drug Abuse and Dependency Act up to the
15		limits of coverage, provided (i) the disorder or condition
16		treated is covered by the policy, and (ii) the physician,
17		licensed psychologist, licensed clinical social worker,
18		licensed clinical professional counselor, licensed marriage
19		and family therapist, licensed speech-language pathologist, or
20		other licensed or certified professional at a program licensed
21		pursuant to the Illinois Alcoholism and Other Drug Abuse and
22		Dependency Act is authorized to provide said services under the
23		statutes of this State and in accordance with accepted
24		principles of his profession.
25		(3) Insofar as this Section applies solely to licensed
26		clinical social workers, licensed clinical professional

HB0001 Engrossed - 72 - LRB099 00249 HEP 20254 b
1		counselors, licensed marriage and family therapists, licensed
2		speech-language pathologists, and other licensed or certified
3		professionals at programs licensed pursuant to the Illinois
4		Alcoholism and Other Drug Abuse and Dependency Act, those
5		persons who may provide services to individuals shall do so
6		after the licensed clinical social worker, licensed clinical
7		professional counselor, licensed marriage and family
8		therapist, licensed speech-language pathologist, or other
9		licensed or certified professional at a program licensed
10		pursuant to the Illinois Alcoholism and Other Drug Abuse and
11		Dependency Act has informed the patient of the desirability of
12		the patient conferring with the patient's primary care
13		physician and the licensed clinical social worker, licensed
14		clinical professional counselor, licensed marriage and family
15		therapist, licensed speech-language pathologist, or other
16		licensed or certified professional at a program licensed
17		pursuant to the Illinois Alcoholism and Other Drug Abuse and
18		Dependency Act has provided written notification to the
19		patient's primary care physician, if any, that services are
20		being provided to the patient. That notification may, however,
21		be waived by the patient on a written form. Those forms shall
22		be retained by the licensed clinical social worker, licensed
23		clinical professional counselor, licensed marriage and family
24		therapist, licensed speech-language pathologist, or other
25		licensed or certified professional at a program licensed
26		pursuant to the Illinois Alcoholism and Other Drug Abuse and

HB0001 Engrossed - 73 - LRB099 00249 HEP 20254 b
1		Dependency Act for a period of not less than 5 years.
2		(b) (1) An insurer that provides coverage for hospital or
3		medical expenses under a group policy of accident and health
4		insurance or health care plan amended, delivered, issued, or
5		renewed on or after the effective date of this amendatory Act
6		of the 97th General Assembly shall provide coverage under the
7		policy for treatment of serious mental illness and substance
8		use disorders consistent with the parity requirements of
9		Section 370c.1 of this Code. This subsection does not apply to
10		any group policy of accident and health insurance or health
11		care plan for any plan year of a small employer as defined in
12		Section 5 of the Illinois Health Insurance Portability and
13		Accountability Act.
14		(2) "Serious mental illness" means the following
15		psychiatric illnesses as defined in the most current edition of
16		the Diagnostic and Statistical Manual (DSM) published by the
17		American Psychiatric Association:
18		(A) schizophrenia;
19		(B) paranoid and other psychotic disorders;
20		(C) bipolar disorders (hypomanic, manic, depressive,
21		and mixed);
22		(D) major depressive disorders (single episode or
23		recurrent);
24		(E) schizoaffective disorders (bipolar or depressive);
25		(F) pervasive developmental disorders;
26		(G) obsessive-compulsive disorders;

HB0001 Engrossed - 74 - LRB099 00249 HEP 20254 b
1		(H) depression in childhood and adolescence;
2		(I) panic disorder;
3		(J) post-traumatic stress disorders (acute, chronic,
4		or with delayed onset); and
5		(K) anorexia nervosa and bulimia nervosa.
6		(2.5) "Substance use disorder" means the following mental
7		disorders as defined in the most current edition of the
8		Diagnostic and Statistical Manual (DSM) published by the
9		American Psychiatric Association:
10		(A) substance abuse disorders;
11		(B) substance dependence disorders; and
12		(C) substance induced disorders.
13		(3) Unless otherwise prohibited by federal law and
14		consistent with the parity requirements of Section 370c.1 of
15		this Code, the reimbursing insurer, a provider of treatment of
16		serious mental illness or substance use disorder shall furnish
17		medical records or other necessary data that substantiate that
18		initial or continued treatment is at all times medically
19		necessary. An insurer shall provide a mechanism for the timely
20		review by a provider holding the same license and practicing in
21		the same specialty as the patient's provider, who is
22		unaffiliated with the insurer, jointly selected by the patient
23		(or the patient's next of kin or legal representative if the
24		patient is unable to act for himself or herself), the patient's
25		provider, and the insurer in the event of a dispute between the
26		insurer and patient's provider regarding the medical necessity

HB0001 Engrossed - 75 - LRB099 00249 HEP 20254 b
1		of a treatment proposed by a patient's provider. If the
2		reviewing provider determines the treatment to be medically
3		necessary, the insurer shall provide reimbursement for the
4		treatment. Future contractual or employment actions by the
5		insurer regarding the patient's provider may not be based on
6		the provider's participation in this procedure. Nothing
7		prevents the insured from agreeing in writing to continue
8		treatment at his or her expense. When making a determination of
9		the medical necessity for a treatment modality for serious
10		mental illness or substance use disorder, an insurer must make
11		the determination in a manner that is consistent with the
12		manner used to make that determination with respect to other
13		diseases or illnesses covered under the policy, including an
14		appeals process. Medical necessity determinations for
15		substance use disorders shall be made in accordance with
16		appropriate patient placement criteria established by the
17		American Society of Addiction Medicine. No additional criteria
18		may be used to make medical necessity determinations for
19		substance use disorders.
20		(4) A group health benefit plan amended, delivered, issued,
21		or renewed on or after the effective date of this amendatory
22		Act of the 97th General Assembly:
23		(A) shall provide coverage based upon medical
24		necessity for the treatment of mental illness and substance
25		use disorders consistent with the parity requirements of
26		Section 370c.1 of this Code; provided, however, that in

HB0001 Engrossed - 76 - LRB099 00249 HEP 20254 b
1		each calendar year coverage shall not be less than the
2		following:
3		(i) 45 days of inpatient treatment; and
4		(ii) beginning on June 26, 2006 (the effective date
5		of Public Act 94-921), 60 visits for outpatient
6		treatment including group and individual outpatient
7		treatment; and
8		(iii) for plans or policies delivered, issued for
9		delivery, renewed, or modified after January 1, 2007
10		(the effective date of Public Act 94-906), 20
11		additional outpatient visits for speech therapy for
12		treatment of pervasive developmental disorders that
13		will be in addition to speech therapy provided pursuant
14		to item (ii) of this subparagraph (A); and
15		(B) may not include a lifetime limit on the number of
16		days of inpatient treatment or the number of outpatient
17		visits covered under the plan.
18		(C) (Blank).
19		(5) An issuer of a group health benefit plan may not count
20		toward the number of outpatient visits required to be covered
21		under this Section an outpatient visit for the purpose of
22		medication management and shall cover the outpatient visits
23		under the same terms and conditions as it covers outpatient
24		visits for the treatment of physical illness.
25		(5.5) An individual or group health benefit plan amended,
26		delivered, issued, or renewed on or after the effective date of

HB0001 Engrossed - 77 - LRB099 00249 HEP 20254 b
1		this amendatory Act of the 99th General Assembly shall offer
2		coverage for medically necessary acute treatment services and
3		medically necessary clinical stabilization services. The
4		treating provider shall base all treatment recommendations and
5		the health benefit plan shall base all medical necessity
6		determinations for substance use disorders in accordance with
7		the most current edition of the American Society of Addiction
8		Medicine Patient Placement Criteria.
9		As used in this subsection:
10		"Acute treatment services" means 24-hour medically
11		supervised addiction treatment that provides evaluation and
12		withdrawal management and may include biopsychosocial
13		assessment, individual and group counseling, psychoeducational
14		groups, and discharge planning.
15		"Clinical stabilization services" means 24-hour treatment,
16		usually following acute treatment services for substance
17		abuse, which may include intensive education and counseling
18		regarding the nature of addiction and its consequences, relapse
19		prevention, outreach to families and significant others, and
20		aftercare planning for individuals beginning to engage in
21		recovery from addiction.
22		(6) An issuer of a group health benefit plan may provide or
23		offer coverage required under this Section through a managed
24		care plan.
25		(7) (Blank).
26		(8) (Blank).

HB0001 Engrossed - 78 - LRB099 00249 HEP 20254 b
1		(9) With respect to substance use disorders, coverage for
2		inpatient treatment shall include coverage for treatment in a
3		residential treatment center licensed by the Department of
4		Public Health or the Department of Human Services, Division of
5		Alcoholism and Substance Abuse.
6		(c) This Section shall not be interpreted to require
7		coverage for speech therapy or other habilitative services for
8		those individuals covered under Section 356z.15 of this Code.
9		(d) The Department shall enforce the requirements of State
10		and federal parity law, which includes ensuring compliance by
11		individual and group policies; detecting violations of the law
12		by individual and group policies proactively monitoring
13		discriminatory practices; accepting, evaluating, and
14		responding to complaints regarding such violations; and
15		ensuring violations are appropriately remedied and deterred.
16		(e) Availability of plan information.
17		(1) The criteria for medical necessity determinations
18		made under a group health plan with respect to mental
19		health or substance use disorder benefits (or health
20		insurance coverage offered in connection with the plan with
21		respect to such benefits) must be made available by the
22		plan administrator (or the health insurance issuer
23		offering such coverage) to any current or potential
24		participant, beneficiary, or contracting provider upon
25		request.
26		(2) The reason for any denial under a group health plan

HB0001 Engrossed - 79 - LRB099 00249 HEP 20254 b
1		(or health insurance coverage offered in connection with
2		such plan) of reimbursement or payment for services with
3		respect to mental health or substance use disorder benefits
4		in the case of any participant or beneficiary must be made
5		available within a reasonable time and in a reasonable
6		manner by the plan administrator (or the health insurance
7		issuer offering such coverage) to the participant or
8		beneficiary upon request.
9		(f) As used in this Section, "group policy of accident and
10		health insurance" and "group health benefit plan" includes (1)
11		State-regulated employer-sponsored group health insurance
12		plans written in Illinois and (2) State employee health plans.
13		(Source: P.A. 96-328, eff. 8-11-09; 96-1000, eff. 7-2-10;
14		97-437, eff. 8-18-11.)
15		(215 ILCS 5/370c.1)
16		Sec. 370c.1. Mental health and addiction parity.
17		(a) On and after the effective date of this amendatory Act
18		of the 99th General Assembly this amendatory Act of the 97th
19		General Assembly, every insurer that amends, delivers, issues,
20		or renews a group or individual policy of accident and health
21		insurance or a qualified health plan offered through the Health
22		Insurance Marketplace policy of accident and health insurance
23		in this State providing coverage for hospital or medical
24		treatment and for the treatment of mental, emotional, nervous,
25		or substance use disorders or conditions shall ensure that:

HB0001 Engrossed - 80 - LRB099 00249 HEP 20254 b
1		(1) the financial requirements applicable to such
2		mental, emotional, nervous, or substance use disorder or
3		condition benefits are no more restrictive than the
4		predominant financial requirements applied to
5		substantially all hospital and medical benefits covered by
6		the policy and that there are no separate cost-sharing
7		requirements that are applicable only with respect to
8		mental, emotional, nervous, or substance use disorder or
9		condition benefits; and
10		(2) the treatment limitations applicable to such
11		mental, emotional, nervous, or substance use disorder or
12		condition benefits are no more restrictive than the
13		predominant treatment limitations applied to substantially
14		all hospital and medical benefits covered by the policy and
15		that there are no separate treatment limitations that are
16		applicable only with respect to mental, emotional,
17		nervous, or substance use disorder or condition benefits.
18		(b) The following provisions shall apply concerning
19		aggregate lifetime limits:
20		(1) In the case of a group or individual policy of
21		accident and health insurance or a qualified health plan
22		offered through the Health Insurance Marketplace policy of
23		accident and health insurance amended, delivered, issued,
24		or renewed in this State on or after the effective date of
25		this amendatory Act of the 99th General Assembly this
26		amendatory Act of the 97th General Assembly that provides

HB0001 Engrossed - 81 - LRB099 00249 HEP 20254 b
1		coverage for hospital or medical treatment and for the
2		treatment of mental, emotional, nervous, or substance use
3		disorders or conditions the following provisions shall
4		apply:
5		(A) if the policy does not include an aggregate
6		lifetime limit on substantially all hospital and
7		medical benefits, then the policy may not impose any
8		aggregate lifetime limit on mental, emotional,
9		nervous, or substance use disorder or condition
10		benefits; or
11		(B) if the policy includes an aggregate lifetime
12		limit on substantially all hospital and medical
13		benefits (in this subsection referred to as the
14		"applicable lifetime limit"), then the policy shall
15		either:
16		(i) apply the applicable lifetime limit both
17		to the hospital and medical benefits to which it
18		otherwise would apply and to mental, emotional,
19		nervous, or substance use disorder or condition
20		benefits and not distinguish in the application of
21		the limit between the hospital and medical
22		benefits and mental, emotional, nervous, or
23		substance use disorder or condition benefits; or
24		(ii) not include any aggregate lifetime limit
25		on mental, emotional, nervous, or substance use
26		disorder or condition benefits that is less than

HB0001 Engrossed - 82 - LRB099 00249 HEP 20254 b
1		the applicable lifetime limit.
2		(2) In the case of a policy that is not described in
3		paragraph (1) of subsection (b) of this Section and that
4		includes no or different aggregate lifetime limits on
5		different categories of hospital and medical benefits, the
6		Director shall establish rules under which subparagraph
7		(B) of paragraph (1) of subsection (b) of this Section is
8		applied to such policy with respect to mental, emotional,
9		nervous, or substance use disorder or condition benefits by
10		substituting for the applicable lifetime limit an average
11		aggregate lifetime limit that is computed taking into
12		account the weighted average of the aggregate lifetime
13		limits applicable to such categories.
14		(c) The following provisions shall apply concerning annual
15		limits:
16		(1) In the case of a group or individual policy of
17		accident and health insurance or a qualified health plan
18		offered through the Health Insurance Marketplace policy of
19		accident and health insurance amended, delivered, issued,
20		or renewed in this State on or after the effective date of
21		this amendatory Act of the 99th General Assembly this
22		amendatory Act of the 97th General Assembly that provides
23		coverage for hospital or medical treatment and for the
24		treatment of mental, emotional, nervous, or substance use
25		disorders or conditions the following provisions shall
26		apply:

HB0001 Engrossed - 83 - LRB099 00249 HEP 20254 b
1		(A) if the policy does not include an annual limit
2		on substantially all hospital and medical benefits,
3		then the policy may not impose any annual limits on
4		mental, emotional, nervous, or substance use disorder
5		or condition benefits; or
6		(B) if the policy includes an annual limit on
7		substantially all hospital and medical benefits (in
8		this subsection referred to as the "applicable annual
9		limit"), then the policy shall either:
10		(i) apply the applicable annual limit both to
11		the hospital and medical benefits to which it
12		otherwise would apply and to mental, emotional,
13		nervous, or substance use disorder or condition
14		benefits and not distinguish in the application of
15		the limit between the hospital and medical
16		benefits and mental, emotional, nervous, or
17		substance use disorder or condition benefits; or
18		(ii) not include any annual limit on mental,
19		emotional, nervous, or substance use disorder or
20		condition benefits that is less than the
21		applicable annual limit.
22		(2) In the case of a policy that is not described in
23		paragraph (1) of subsection (c) of this Section and that
24		includes no or different annual limits on different
25		categories of hospital and medical benefits, the Director
26		shall establish rules under which subparagraph (B) of

HB0001 Engrossed - 84 - LRB099 00249 HEP 20254 b
1		paragraph (1) of subsection (c) of this Section is applied
2		to such policy with respect to mental, emotional, nervous,
3		or substance use disorder or condition benefits by
4		substituting for the applicable annual limit an average
5		annual limit that is computed taking into account the
6		weighted average of the annual limits applicable to such
7		categories.
8		(d) With respect to substance use disorders, an insurer
9		shall use policies and procedures for the election and
10		placement of substance abuse treatment drugs on their formulary
11		that are no less favorable to the insured as those policies and
12		procedures the insurer uses for the selection and placement of
13		other drugs and shall follow the expedited coverage
14		determination requirements for substance abuse treatment drugs
15		set forth in Section 45.2 of the Managed Care Reform and
16		Patient Rights Act.
17		(e) (d) This Section shall be interpreted in a manner
18		consistent with all applicable federal parity regulations
19		including, but not limited to, the Mental Health Parity and
20		Addiction Equity Act of 2008 at 78 FR 68240. the interim final
21		regulations promulgated by the U.S. Department of Health and
22		Human Services at 75 FR 5410, including the prohibition against
23		applying a cumulative financial requirement or cumulative
24		quantitative treatment limitation for mental, emotional,
25		nervous, or substance use disorder benefits that accumulates
26		separately from any cumulative financial requirement or

HB0001 Engrossed - 85 - LRB099 00249 HEP 20254 b
1		cumulative quantitative treatment limitation established for
2		hospital and medical benefits in the same classification.
3		(f) (e) The provisions of subsections (b) and (c) of this
4		Section shall not be interpreted to allow the use of lifetime
5		or annual limits otherwise prohibited by State or federal law.
6		(f) This Section shall not apply to individual health
7		insurance coverage as defined in Section 5 of the Illinois
8		Health Insurance Portability and Accountability Act.
9		(g) As used in this Section:
10		"Financial requirement" includes deductibles, copayments,
11		coinsurance, and out-of-pocket maximums, but does not include
12		an aggregate lifetime limit or an annual limit subject to
13		subsections (b) and (c).
14		"Treatment limitation" includes limits on benefits based
15		on the frequency of treatment, number of visits, days of
16		coverage, days in a waiting period, or other similar limits on
17		the scope or duration of treatment. "Treatment limitation"
18		includes both quantitative treatment limitations, which are
19		expressed numerically (such as 50 outpatient visits per year),
20		and nonquantitative treatment limitations, which otherwise
21		limit the scope or duration of treatment. A permanent exclusion
22		of all benefits for a particular condition or disorder shall
23		not be considered a treatment limitation. "Nonquantitative
24		treatment" means those limitations as described under federal
25		regulations (26 CFR 54.9812-1).
26		(h) The Department of Insurance shall implement the

HB0001 Engrossed - 86 - LRB099 00249 HEP 20254 b
1		following education initiatives:
2		(1) By January 1, 2016, the Department shall develop a
3		plan for a Consumer Education Campaign on parity. The
4		Consumer Education Campaign shall focus its efforts
5		throughout the State and include trainings in the northern,
6		southern, and central regions of the State, as defined by
7		the Department, as well as each of the 5 managed care
8		regions of the State as identified by the Department of
9		Healthcare and Family Services. Under this Consumer
10		Education Campaign, the Department shall: (1) by January 1,
11		2017, provide at least one live training in each region on
12		parity for consumers and providers and one webinar training
13		to be posted on the Department website and (2) establish a
14		consumer hotline to assist consumers in navigating the
15		parity process by March 1, 2016. By January 1, 2018 the
16		Department shall issue a report to the General Assembly on
17		the success of the Consumer Education Campaign, which shall
18		indicate whether additional training is necessary or would
19		be recommended.
20		(2) The Department, in coordination with the
21		Department of Human Services and the Department of
22		Healthcare and Family Services, shall convene a working
23		group of health care insurance carriers, mental health
24		advocacy groups, substance abuse patient advocacy groups,
25		and mental health physician groups for the purpose of
26		discussing issues related to the treatment and coverage of

HB0001 Engrossed - 87 - LRB099 00249 HEP 20254 b
1		substance abuse disorders and mental illness. The working
2		group shall meet once before January 1, 2016 and shall meet
3		semiannually thereafter. The Department shall issue an
4		annual report to the General Assembly that includes a list
5		of the health care insurance carriers, mental health
6		advocacy groups, substance abuse patient advocacy groups,
7		and mental health physician groups that participated in the
8		working group meetings, details on the issues and topics
9		covered, and any legislative recommendations.
10		(i) The Parity Education Fund is created as a special fund
11		in the State treasury. Moneys deposited into the Fund for
12		appropriation by the General Assembly to the Department of
13		Insurance shall be used for the purpose of providing financial
14		support of the Consumer Education Campaign.
15		(Source: P.A. 97-437, eff. 8-18-11.)
16		Section 5-80. The Health Carrier External Review Act is
17		amended by changing Sections 20 and 35 as follows:
18		(215 ILCS 180/20)
19		Sec. 20. Notice of right to external review.
20		(a) At the same time the health carrier sends written
21		notice of a covered person's right to appeal a coverage
22		decision upon an adverse determination or a final adverse
23		determination, a health carrier shall notify a covered person,
24		the covered person's authorized representative, if any, and a

HB0001 Engrossed - 88 - LRB099 00249 HEP 20254 b
1		covered person's health care provider in writing of the covered
2		person's right to request an external review as provided by
3		this Act. The written notice required shall include the
4		following, or substantially equivalent, language: "We have
5		denied your request for the provision of or payment for a
6		health care service or course of treatment. You have the right
7		to have our decision reviewed by an independent review
8		organization not associated with us by submitting a written
9		request for an external review to the Department of Insurance,
10		Office of Consumer Health Information, 320 West Washington
11		Street, 4th Floor, Springfield, Illinois, 62767.". The written
12		notice shall include a copy of the Department's Request for
13		External Review form.
14		(a-5) The Department may prescribe the form and content of
15		the notice required under this Section.
16		(b) In addition to the notice required in subsection (a),
17		for a notice related to an adverse determination, the health
18		carrier shall include a statement informing the covered person
19		of all of the following:
20		(1) If the covered person has a medical condition where
21		the timeframe for completion of (A) an expedited internal
22		review of an appeal involving an adverse determination, (B)
23		a final adverse determination, or (C) a standard external
24		review as established in this Act, would seriously
25		jeopardize the life or health of the covered person or
26		would jeopardize the covered person's ability to regain

HB0001 Engrossed - 89 - LRB099 00249 HEP 20254 b
1		maximum function, then the covered person or the covered
2		person's authorized representative may file a request for
3		an expedited external review.
4		(2) The covered person or the covered person's
5		authorized representative may file an appeal under the
6		health carrier's internal appeal process, but if the health
7		carrier has not issued a written decision to the covered
8		person or the covered person's authorized representative
9		30 days following the date the covered person or the
10		covered person's authorized representative files an appeal
11		of an adverse determination that involves a concurrent or
12		prospective review request or 60 days following the date
13		the covered person or the covered person's authorized
14		representative files an appeal of an adverse determination
15		that involves a retrospective review request with the
16		health carrier and the covered person or the covered
17		person's authorized representative has not requested or
18		agreed to a delay, then the covered person or the covered
19		person's authorized representative may file a request for
20		external review and shall be considered to have exhausted
21		the health carrier's internal appeal process for purposes
22		of this Act.
23		(3) If the covered person or the covered person's
24		authorized representative filed a request for an expedited
25		internal review of an adverse determination and has not
26		received a decision on such request from the health carrier

HB0001 Engrossed - 90 - LRB099 00249 HEP 20254 b
1		within 48 hours, except to the extent the covered person or
2		the covered person's authorized representative requested
3		or agreed to a delay, then the covered person or the
4		covered person's authorized representative may file a
5		request for external review and shall be considered to have
6		exhausted the health carrier's internal appeal process for
7		the purposes of this Act.
8		(4) If an adverse determination concerns a denial of
9		coverage based on a determination that the recommended or
10		requested health care service or treatment is experimental
11		or investigational and the covered person's health care
12		provider certifies in writing that the recommended or
13		requested health care service or treatment that is the
14		subject of the request would be significantly less
15		effective if not promptly initiated, then the covered
16		person or the covered person's authorized representative
17		may request an expedited external review at the same time
18		the covered person or the covered person's authorized
19		representative files a request for an expedited internal
20		appeal involving an adverse determination. The independent
21		review organization assigned to conduct the expedited
22		external review shall determine whether the covered person
23		is required to complete the expedited review of the appeal
24		prior to conducting the expedited external review.
25		(c) In addition to the notice required in subsection (a),
26		for a notice related to a final adverse determination, the

HB0001 Engrossed - 91 - LRB099 00249 HEP 20254 b
1		health carrier shall include a statement informing the covered
2		person of all of the following:
3		(1) if the covered person has a medical condition where
4		the timeframe for completion of a standard external review
5		would seriously jeopardize the life or health of the
6		covered person or would jeopardize the covered person's
7		ability to regain maximum function, then the covered person
8		or the covered person's authorized representative may file
9		a request for an expedited external review; or
10		(2) if a final adverse determination concerns an
11		admission, availability of care, continued stay, or health
12		care service for which the covered person received
13		emergency services, but has not been discharged from a
14		facility, then the covered person, or the covered person's
15		authorized representative, may request an expedited
16		external review; or
17		(3) if a final adverse determination concerns a denial
18		of coverage based on a determination that the recommended
19		or requested health care service or treatment is
20		experimental or investigational, and the covered person's
21		health care provider certifies in writing that the
22		recommended or requested health care service or treatment
23		that is the subject of the request would be significantly
24		less effective if not promptly initiated, then the covered
25		person or the covered person's authorized representative
26		may request an expedited external review.

HB0001 Engrossed - 92 - LRB099 00249 HEP 20254 b
1		(d) In addition to the information to be provided pursuant
2		to subsections (a), (b), and (c) of this Section, the health
3		carrier shall include a copy of the description of both the
4		required standard and expedited external review procedures.
5		The description shall highlight the external review procedures
6		that give the covered person or the covered person's authorized
7		representative the opportunity to submit additional
8		information, including any forms used to process an external
9		review.
10		(e) As part of any forms provided under subsection (d) of
11		this Section, the health carrier shall include an authorization
12		form, or other document approved by the Director, by which the
13		covered person, for purposes of conducting an external review
14		under this Act, authorizes the health carrier and the covered
15		person's treating health care provider to disclose protected
16		health information, including medical records, concerning the
17		covered person that is pertinent to the external review, as
18		provided in the Illinois Insurance Code.
19		(Source: P.A. 96-857, eff. 7-1-10; 97-574, eff. 8-26-11.)
20		(215 ILCS 180/35)
21		Sec. 35. Standard external review.
22		(a) Within 4 months after the date of receipt of a notice
23		of an adverse determination or final adverse determination, a
24		covered person or the covered person's authorized
25		representative may file a request for an external review with

HB0001 Engrossed - 93 - LRB099 00249 HEP 20254 b
1		the Director. Within one business day after the date of receipt
2		of a request for external review, the Director shall send a
3		copy of the request to the health carrier.
4		(b) Within 5 business days following the date of receipt of
5		the external review request, the health carrier shall complete
6		a preliminary review of the request to determine whether:
7		(1) the individual is or was a covered person in the
8		health benefit plan at the time the health care service was
9		requested or at the time the health care service was
10		provided;
11		(2) the health care service that is the subject of the
12		adverse determination or the final adverse determination
13		is a covered service under the covered person's health
14		benefit plan, but the health carrier has determined that
15		the health care service is not covered;
16		(3) the covered person has exhausted the health
17		carrier's internal appeal process unless the covered
18		person is not required to exhaust the health carrier's
19		internal appeal process pursuant to this Act;
20		(4) (blank); and
21		(5) the covered person has provided all the information
22		and forms required to process an external review, as
23		specified in this Act.
24		(c) Within one business day after completion of the
25		preliminary review, the health carrier shall notify the
26		Director and covered person and, if applicable, the covered

HB0001 Engrossed - 94 - LRB099 00249 HEP 20254 b
1		person's authorized representative in writing whether the
2		request is complete and eligible for external review. If the
3		request:
4		(1) is not complete, the health carrier shall inform
5		the Director and covered person and, if applicable, the
6		covered person's authorized representative in writing and
7		include in the notice what information or materials are
8		required by this Act to make the request complete; or
9		(2) is not eligible for external review, the health
10		carrier shall inform the Director and covered person and,
11		if applicable, the covered person's authorized
12		representative in writing and include in the notice the
13		reasons for its ineligibility.
14		The Department may specify the form for the health
15		carrier's notice of initial determination under this
16		subsection (c) and any supporting information to be included in
17		the notice.
18		The notice of initial determination of ineligibility shall
19		include a statement informing the covered person and, if
20		applicable, the covered person's authorized representative
21		that a health carrier's initial determination that the external
22		review request is ineligible for review may be appealed to the
23		Director by filing a complaint with the Director.
24		Notwithstanding a health carrier's initial determination
25		that the request is ineligible for external review, the
26		Director may determine that a request is eligible for external

HB0001 Engrossed - 95 - LRB099 00249 HEP 20254 b
1		review and require that it be referred for external review. In
2		making such determination, the Director's decision shall be in
3		accordance with the terms of the covered person's health
4		benefit plan, unless such terms are inconsistent with
5		applicable law, and shall be subject to all applicable
6		provisions of this Act.
7		(d) Whenever the Director receives notice that a request is
8		eligible for external review following the preliminary review
9		conducted pursuant to this Section, within one business day
10		after the date of receipt of the notice, the Director shall:
11		(1) assign an independent review organization from the
12		list of approved independent review organizations compiled
13		and maintained by the Director pursuant to this Act and
14		notify the health carrier of the name of the assigned
15		independent review organization; and
16		(2) notify in writing the covered person and, if
17		applicable, the covered person's authorized representative
18		of the request's eligibility and acceptance for external
19		review and the name of the independent review organization.
20		The Director shall include in the notice provided to the
21		covered person and, if applicable, the covered person's
22		authorized representative a statement that the covered person
23		or the covered person's authorized representative may, within 5
24		business days following the date of receipt of the notice
25		provided pursuant to item (2) of this subsection (d), submit in
26		writing to the assigned independent review organization

HB0001 Engrossed - 96 - LRB099 00249 HEP 20254 b
1		additional information that the independent review
2		organization shall consider when conducting the external
3		review. The independent review organization is not required to,
4		but may, accept and consider additional information submitted
5		after 5 business days.
6		(e) The assignment by the Director of an approved
7		independent review organization to conduct an external review
8		in accordance with this Section shall be done on a random basis
9		among those independent review organizations approved by the
10		Director pursuant to this Act.
11		(f) Within 5 business days after the date of receipt of the
12		notice provided pursuant to item (1) of subsection (d) of this
13		Section, the health carrier or its designee utilization review
14		organization shall provide to the assigned independent review
15		organization the documents and any information considered in
16		making the adverse determination or final adverse
17		determination; in such cases, the following provisions shall
18		apply:
19		(1) Except as provided in item (2) of this subsection
20		(f), failure by the health carrier or its utilization
21		review organization to provide the documents and
22		information within the specified time frame shall not delay
23		the conduct of the external review.
24		(2) If the health carrier or its utilization review
25		organization fails to provide the documents and
26		information within the specified time frame, the assigned

HB0001 Engrossed - 97 - LRB099 00249 HEP 20254 b
1		independent review organization may terminate the external
2		review and make a decision to reverse the adverse
3		determination or final adverse determination.
4		(3) Within one business day after making the decision
5		to terminate the external review and make a decision to
6		reverse the adverse determination or final adverse
7		determination under item (2) of this subsection (f), the
8		independent review organization shall notify the Director,
9		the health carrier, the covered person and, if applicable,
10		the covered person's authorized representative, of its
11		decision to reverse the adverse determination.
12		(g) Upon receipt of the information from the health carrier
13		or its utilization review organization, the assigned
14		independent review organization shall review all of the
15		information and documents and any other information submitted
16		in writing to the independent review organization by the
17		covered person and the covered person's authorized
18		representative.
19		(h) Upon receipt of any information submitted by the
20		covered person or the covered person's authorized
21		representative, the independent review organization shall
22		forward the information to the health carrier within 1 business
23		day.
24		(1) Upon receipt of the information, if any, the health
25		carrier may reconsider its adverse determination or final
26		adverse determination that is the subject of the external

HB0001 Engrossed - 98 - LRB099 00249 HEP 20254 b
1		review.
2		(2) Reconsideration by the health carrier of its
3		adverse determination or final adverse determination shall
4		not delay or terminate the external review.
5		(3) The external review may only be terminated if the
6		health carrier decides, upon completion of its
7		reconsideration, to reverse its adverse determination or
8		final adverse determination and provide coverage or
9		payment for the health care service that is the subject of
10		the adverse determination or final adverse determination.
11		In such cases, the following provisions shall apply:
12		(A) Within one business day after making the
13		decision to reverse its adverse determination or final
14		adverse determination, the health carrier shall notify
15		the Director, the covered person and, if applicable,
16		the covered person's authorized representative, and
17		the assigned independent review organization in
18		writing of its decision.
19		(B) Upon notice from the health carrier that the
20		health carrier has made a decision to reverse its
21		adverse determination or final adverse determination,
22		the assigned independent review organization shall
23		terminate the external review.
24		(i) In addition to the documents and information provided
25		by the health carrier or its utilization review organization
26		and the covered person and the covered person's authorized

HB0001 Engrossed - 99 - LRB099 00249 HEP 20254 b
1		representative, if any, the independent review organization,
2		to the extent the information or documents are available and
3		the independent review organization considers them
4		appropriate, shall consider the following in reaching a
5		decision:
6		(1) the covered person's pertinent medical records;
7		(2) the covered person's health care provider's
8		recommendation;
9		(3) consulting reports from appropriate health care
10		providers and other documents submitted by the health
11		carrier or its designee utilization review organization,
12		the covered person, the covered person's authorized
13		representative, or the covered person's treating provider;
14		(4) the terms of coverage under the covered person's
15		health benefit plan with the health carrier to ensure that
16		the independent review organization's decision is not
17		contrary to the terms of coverage under the covered
18		person's health benefit plan with the health carrier,
19		unless the terms are inconsistent with applicable law;
20		(5) the most appropriate practice guidelines, which
21		shall include applicable evidence-based standards and may
22		include any other practice guidelines developed by the
23		federal government, national or professional medical
24		societies, boards, and associations;
25		(6) any applicable clinical review criteria developed
26		and used by the health carrier or its designee utilization

HB0001 Engrossed - 100 - LRB099 00249 HEP 20254 b
1		review organization;
2		(7) the opinion of the independent review
3		organization's clinical reviewer or reviewers after
4		considering items (1) through (6) of this subsection (i) to
5		the extent the information or documents are available and
6		the clinical reviewer or reviewers considers the
7		information or documents appropriate; and
8		(8) (blank); and .
9		(9) in the case of medically necessary determinations
10		for substance use disorders, the patient placement
11		criteria established by the American Society of Addiction
12		Medicine.
13		(j) Within 5 days after the date of receipt of all
14		necessary information, but in no event more than 45 days after
15		the date of receipt of the request for an external review, the
16		assigned independent review organization shall provide written
17		notice of its decision to uphold or reverse the adverse
18		determination or the final adverse determination to the
19		Director, the health carrier, the covered person, and, if
20		applicable, the covered person's authorized representative. In
21		reaching a decision, the assigned independent review
22		organization is not bound by any claim determinations reached
23		prior to the submission of information to the independent
24		review organization. In such cases, the following provisions
25		shall apply:
26		(1) The independent review organization shall include

HB0001 Engrossed - 101 - LRB099 00249 HEP 20254 b
1		in the notice:
2		(A) a general description of the reason for the
3		request for external review;
4		(B) the date the independent review organization
5		received the assignment from the Director to conduct
6		the external review;
7		(C) the time period during which the external
8		review was conducted;
9		(D) references to the evidence or documentation,
10		including the evidence-based standards, considered in
11		reaching its decision;
12		(E) the date of its decision;
13		(F) the principal reason or reasons for its
14		decision, including what applicable, if any,
15		evidence-based standards that were a basis for its
16		decision; and
17		(G) the rationale for its decision.
18		(2) (Blank).
19		(3) (Blank).
20		(4) Upon receipt of a notice of a decision reversing
21		the adverse determination or final adverse determination,
22		the health carrier immediately shall approve the coverage
23		that was the subject of the adverse determination or final
24		adverse determination.
25		(Source: P.A. 96-857, eff. 7-1-10; 96-967, eff. 1-1-11; 97-574,
26		eff. 8-26-11.)

HB0001 Engrossed - 102 - LRB099 00249 HEP 20254 b
1		Section 5-85. The Illinois Public Aid Code is amended by
2		changing Sections 5-5 and 5-16.8 as follows:
3		(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
4		Sec. 5-5. Medical services. The Illinois Department, by
5		rule, shall determine the quantity and quality of and the rate
6		of reimbursement for the medical assistance for which payment
7		will be authorized, and the medical services to be provided,
8		which may include all or part of the following: (1) inpatient
9		hospital services; (2) outpatient hospital services; (3) other
10		laboratory and X-ray services; (4) skilled nursing home
11		services; (5) physicians' services whether furnished in the
12		office, the patient's home, a hospital, a skilled nursing home,
13		or elsewhere; (6) medical care, or any other type of remedial
14		care furnished by licensed practitioners; (7) home health care
15		services; (8) private duty nursing service; (9) clinic
16		services; (10) dental services, including prevention and
17		treatment of periodontal disease and dental caries disease for
18		pregnant women, provided by an individual licensed to practice
19		dentistry or dental surgery; for purposes of this item (10),
20		"dental services" means diagnostic, preventive, or corrective
21		procedures provided by or under the supervision of a dentist in
22		the practice of his or her profession; (11) physical therapy
23		and related services; (12) prescribed drugs, dentures, and
24		prosthetic devices; and eyeglasses prescribed by a physician

HB0001 Engrossed - 103 - LRB099 00249 HEP 20254 b
1		skilled in the diseases of the eye, or by an optometrist,
2		whichever the person may select; (13) other diagnostic,
3		screening, preventive, and rehabilitative services, including
4		to ensure that the individual's need for intervention or
5		treatment of mental disorders or substance use disorders or
6		co-occurring mental health and substance use disorders is
7		determined using a uniform screening, assessment, and
8		evaluation process inclusive of criteria, for children and
9		adults; for purposes of this item (13), a uniform screening,
10		assessment, and evaluation process refers to a process that
11		includes an appropriate evaluation and, as warranted, a
12		referral; "uniform" does not mean the use of a singular
13		instrument, tool, or process that all must utilize; (14)
14		transportation and such other expenses as may be necessary;
15		(15) medical treatment of sexual assault survivors, as defined
16		in Section 1a of the Sexual Assault Survivors Emergency
17		Treatment Act, for injuries sustained as a result of the sexual
18		assault, including examinations and laboratory tests to
19		discover evidence which may be used in criminal proceedings
20		arising from the sexual assault; (16) the diagnosis and
21		treatment of sickle cell anemia; and (17) any other medical
22		care, and any other type of remedial care recognized under the
23		laws of this State, but not including abortions, or induced
24		miscarriages or premature births, unless, in the opinion of a
25		physician, such procedures are necessary for the preservation
26		of the life of the woman seeking such treatment, or except an

HB0001 Engrossed - 104 - LRB099 00249 HEP 20254 b
1		induced premature birth intended to produce a live viable child
2		and such procedure is necessary for the health of the mother or
3		her unborn child. The Illinois Department, by rule, shall
4		prohibit any physician from providing medical assistance to
5		anyone eligible therefor under this Code where such physician
6		has been found guilty of performing an abortion procedure in a
7		wilful and wanton manner upon a woman who was not pregnant at
8		the time such abortion procedure was performed. The term "any
9		other type of remedial care" shall include nursing care and
10		nursing home service for persons who rely on treatment by
11		spiritual means alone through prayer for healing.
12		Notwithstanding any other provision of this Section, a
13		comprehensive tobacco use cessation program that includes
14		purchasing prescription drugs or prescription medical devices
15		approved by the Food and Drug Administration shall be covered
16		under the medical assistance program under this Article for
17		persons who are otherwise eligible for assistance under this
18		Article.
19		Notwithstanding any other provision of this Code, the
20		Illinois Department may not require, as a condition of payment
21		for any laboratory test authorized under this Article, that a
22		physician's handwritten signature appear on the laboratory
23		test order form. The Illinois Department may, however, impose
24		other appropriate requirements regarding laboratory test order
25		documentation.
26		Upon receipt of federal approval of an amendment to the

HB0001 Engrossed - 105 - LRB099 00249 HEP 20254 b
1		Illinois Title XIX State Plan for this purpose, the Department
2		shall authorize the Chicago Public Schools (CPS) to procure a
3		vendor or vendors to manufacture eyeglasses for individuals
4		enrolled in a school within the CPS system. CPS shall ensure
5		that its vendor or vendors are enrolled as providers in the
6		medical assistance program and in any capitated Medicaid
7		managed care entity (MCE) serving individuals enrolled in a
8		school within the CPS system. Under any contract procured under
9		this provision, the vendor or vendors must serve only
10		individuals enrolled in a school within the CPS system. Claims
11		for services provided by CPS's vendor or vendors to recipients
12		of benefits in the medical assistance program under this Code,
13		the Children's Health Insurance Program, or the Covering ALL
14		KIDS Health Insurance Program shall be submitted to the
15		Department or the MCE in which the individual is enrolled for
16		payment and shall be reimbursed at the Department's or the
17		MCE's established rates or rate methodologies for eyeglasses.
18		On and after July 1, 2012, the Department of Healthcare and
19		Family Services may provide the following services to persons
20		eligible for assistance under this Article who are
21		participating in education, training or employment programs
22		operated by the Department of Human Services as successor to
23		the Department of Public Aid:
24		(1) dental services provided by or under the
25		supervision of a dentist; and
26		(2) eyeglasses prescribed by a physician skilled in the

HB0001 Engrossed - 106 - LRB099 00249 HEP 20254 b
1		diseases of the eye, or by an optometrist, whichever the
2		person may select.
3		Notwithstanding any other provision of this Code and
4		subject to federal approval, the Department may adopt rules to
5		allow a dentist who is volunteering his or her service at no
6		cost to render dental services through an enrolled
7		not-for-profit health clinic without the dentist personally
8		enrolling as a participating provider in the medical assistance
9		program. A not-for-profit health clinic shall include a public
10		health clinic or Federally Qualified Health Center or other
11		enrolled provider, as determined by the Department, through
12		which dental services covered under this Section are performed.
13		The Department shall establish a process for payment of claims
14		for reimbursement for covered dental services rendered under
15		this provision.
16		The Illinois Department, by rule, may distinguish and
17		classify the medical services to be provided only in accordance
18		with the classes of persons designated in Section 5-2.
19		The Department of Healthcare and Family Services must
20		provide coverage and reimbursement for amino acid-based
21		elemental formulas, regardless of delivery method, for the
22		diagnosis and treatment of (i) eosinophilic disorders and (ii)
23		short bowel syndrome when the prescribing physician has issued
24		a written order stating that the amino acid-based elemental
25		formula is medically necessary.
26		The Illinois Department shall authorize the provision of,

HB0001 Engrossed - 107 - LRB099 00249 HEP 20254 b
1		and shall authorize payment for, screening by low-dose
2		mammography for the presence of occult breast cancer for women
3		35 years of age or older who are eligible for medical
4		assistance under this Article, as follows:
5		(A) A baseline mammogram for women 35 to 39 years of
6		age.
7		(B) An annual mammogram for women 40 years of age or
8		older.
9		(C) A mammogram at the age and intervals considered
10		medically necessary by the woman's health care provider for
11		women under 40 years of age and having a family history of
12		breast cancer, prior personal history of breast cancer,
13		positive genetic testing, or other risk factors.
14		(D) A comprehensive ultrasound screening of an entire
15		breast or breasts if a mammogram demonstrates
16		heterogeneous or dense breast tissue, when medically
17		necessary as determined by a physician licensed to practice
18		medicine in all of its branches.
19		All screenings shall include a physical breast exam,
20		instruction on self-examination and information regarding the
21		frequency of self-examination and its value as a preventative
22		tool. For purposes of this Section, "low-dose mammography"
23		means the x-ray examination of the breast using equipment
24		dedicated specifically for mammography, including the x-ray
25		tube, filter, compression device, and image receptor, with an
26		average radiation exposure delivery of less than one rad per

HB0001 Engrossed - 108 - LRB099 00249 HEP 20254 b
1		breast for 2 views of an average size breast. The term also
2		includes digital mammography.
3		On and after January 1, 2012, providers participating in a
4		quality improvement program approved by the Department shall be
5		reimbursed for screening and diagnostic mammography at the same
6		rate as the Medicare program's rates, including the increased
7		reimbursement for digital mammography.
8		The Department shall convene an expert panel including
9		representatives of hospitals, free-standing mammography
10		facilities, and doctors, including radiologists, to establish
11		quality standards.
12		Subject to federal approval, the Department shall
13		establish a rate methodology for mammography at federally
14		qualified health centers and other encounter-rate clinics.
15		These clinics or centers may also collaborate with other
16		hospital-based mammography facilities.
17		The Department shall establish a methodology to remind
18		women who are age-appropriate for screening mammography, but
19		who have not received a mammogram within the previous 18
20		months, of the importance and benefit of screening mammography.
21		The Department shall establish a performance goal for
22		primary care providers with respect to their female patients
23		over age 40 receiving an annual mammogram. This performance
24		goal shall be used to provide additional reimbursement in the
25		form of a quality performance bonus to primary care providers
26		who meet that goal.

HB0001 Engrossed - 109 - LRB099 00249 HEP 20254 b
1		The Department shall devise a means of case-managing or
2		patient navigation for beneficiaries diagnosed with breast
3		cancer. This program shall initially operate as a pilot program
4		in areas of the State with the highest incidence of mortality
5		related to breast cancer. At least one pilot program site shall
6		be in the metropolitan Chicago area and at least one site shall
7		be outside the metropolitan Chicago area. An evaluation of the
8		pilot program shall be carried out measuring health outcomes
9		and cost of care for those served by the pilot program compared
10		to similarly situated patients who are not served by the pilot
11		program.
12		Any medical or health care provider shall immediately
13		recommend, to any pregnant woman who is being provided prenatal
14		services and is suspected of drug abuse or is addicted as
15		defined in the Alcoholism and Other Drug Abuse and Dependency
16		Act, referral to a local substance abuse treatment provider
17		licensed by the Department of Human Services or to a licensed
18		hospital which provides substance abuse treatment services.
19		The Department of Healthcare and Family Services shall assure
20		coverage for the cost of treatment of the drug abuse or
21		addiction for pregnant recipients in accordance with the
22		Illinois Medicaid Program in conjunction with the Department of
23		Human Services.
24		All medical providers providing medical assistance to
25		pregnant women under this Code shall receive information from
26		the Department on the availability of services under the Drug

HB0001 Engrossed - 110 - LRB099 00249 HEP 20254 b
1		Free Families with a Future or any comparable program providing
2		case management services for addicted women, including
3		information on appropriate referrals for other social services
4		that may be needed by addicted women in addition to treatment
5		for addiction.
6		The Illinois Department, in cooperation with the
7		Departments of Human Services (as successor to the Department
8		of Alcoholism and Substance Abuse) and Public Health, through a
9		public awareness campaign, may provide information concerning
10		treatment for alcoholism and drug abuse and addiction, prenatal
11		health care, and other pertinent programs directed at reducing
12		the number of drug-affected infants born to recipients of
13		medical assistance.
14		Neither the Department of Healthcare and Family Services
15		nor the Department of Human Services shall sanction the
16		recipient solely on the basis of her substance abuse.
17		The Illinois Department shall establish such regulations
18		governing the dispensing of health services under this Article
19		as it shall deem appropriate. The Department should seek the
20		advice of formal professional advisory committees appointed by
21		the Director of the Illinois Department for the purpose of
22		providing regular advice on policy and administrative matters,
23		information dissemination and educational activities for
24		medical and health care providers, and consistency in
25		procedures to the Illinois Department.
26		The Illinois Department may develop and contract with

HB0001 Engrossed - 111 - LRB099 00249 HEP 20254 b
1		Partnerships of medical providers to arrange medical services
2		for persons eligible under Section 5-2 of this Code.
3		Implementation of this Section may be by demonstration projects
4		in certain geographic areas. The Partnership shall be
5		represented by a sponsor organization. The Department, by rule,
6		shall develop qualifications for sponsors of Partnerships.
7		Nothing in this Section shall be construed to require that the
8		sponsor organization be a medical organization.
9		The sponsor must negotiate formal written contracts with
10		medical providers for physician services, inpatient and
11		outpatient hospital care, home health services, treatment for
12		alcoholism and substance abuse, and other services determined
13		necessary by the Illinois Department by rule for delivery by
14		Partnerships. Physician services must include prenatal and
15		obstetrical care. The Illinois Department shall reimburse
16		medical services delivered by Partnership providers to clients
17		in target areas according to provisions of this Article and the
18		Illinois Health Finance Reform Act, except that:
19		(1) Physicians participating in a Partnership and
20		providing certain services, which shall be determined by
21		the Illinois Department, to persons in areas covered by the
22		Partnership may receive an additional surcharge for such
23		services.
24		(2) The Department may elect to consider and negotiate
25		financial incentives to encourage the development of
26		Partnerships and the efficient delivery of medical care.

HB0001 Engrossed - 112 - LRB099 00249 HEP 20254 b
1		(3) Persons receiving medical services through
2		Partnerships may receive medical and case management
3		services above the level usually offered through the
4		medical assistance program.
5		Medical providers shall be required to meet certain
6		qualifications to participate in Partnerships to ensure the
7		delivery of high quality medical services. These
8		qualifications shall be determined by rule of the Illinois
9		Department and may be higher than qualifications for
10		participation in the medical assistance program. Partnership
11		sponsors may prescribe reasonable additional qualifications
12		for participation by medical providers, only with the prior
13		written approval of the Illinois Department.
14		Nothing in this Section shall limit the free choice of
15		practitioners, hospitals, and other providers of medical
16		services by clients. In order to ensure patient freedom of
17		choice, the Illinois Department shall immediately promulgate
18		all rules and take all other necessary actions so that provided
19		services may be accessed from therapeutically certified
20		optometrists to the full extent of the Illinois Optometric
21		Practice Act of 1987 without discriminating between service
22		providers.
23		The Department shall apply for a waiver from the United
24		States Health Care Financing Administration to allow for the
25		implementation of Partnerships under this Section.
26		The Illinois Department shall require health care

HB0001 Engrossed - 113 - LRB099 00249 HEP 20254 b
1		providers to maintain records that document the medical care
2		and services provided to recipients of Medical Assistance under
3		this Article. Such records must be retained for a period of not
4		less than 6 years from the date of service or as provided by
5		applicable State law, whichever period is longer, except that
6		if an audit is initiated within the required retention period
7		then the records must be retained until the audit is completed
8		and every exception is resolved. The Illinois Department shall
9		require health care providers to make available, when
10		authorized by the patient, in writing, the medical records in a
11		timely fashion to other health care providers who are treating
12		or serving persons eligible for Medical Assistance under this
13		Article. All dispensers of medical services shall be required
14		to maintain and retain business and professional records
15		sufficient to fully and accurately document the nature, scope,
16		details and receipt of the health care provided to persons
17		eligible for medical assistance under this Code, in accordance
18		with regulations promulgated by the Illinois Department. The
19		rules and regulations shall require that proof of the receipt
20		of prescription drugs, dentures, prosthetic devices and
21		eyeglasses by eligible persons under this Section accompany
22		each claim for reimbursement submitted by the dispenser of such
23		medical services. No such claims for reimbursement shall be
24		approved for payment by the Illinois Department without such
25		proof of receipt, unless the Illinois Department shall have put
26		into effect and shall be operating a system of post-payment

HB0001 Engrossed - 114 - LRB099 00249 HEP 20254 b
1		audit and review which shall, on a sampling basis, be deemed
2		adequate by the Illinois Department to assure that such drugs,
3		dentures, prosthetic devices and eyeglasses for which payment
4		is being made are actually being received by eligible
5		recipients. Within 90 days after the effective date of this
6		amendatory Act of 1984, the Illinois Department shall establish
7		a current list of acquisition costs for all prosthetic devices
8		and any other items recognized as medical equipment and
9		supplies reimbursable under this Article and shall update such
10		list on a quarterly basis, except that the acquisition costs of
11		all prescription drugs shall be updated no less frequently than
12		every 30 days as required by Section 5-5.12.
13		The rules and regulations of the Illinois Department shall
14		require that a written statement including the required opinion
15		of a physician shall accompany any claim for reimbursement for
16		abortions, or induced miscarriages or premature births. This
17		statement shall indicate what procedures were used in providing
18		such medical services.
19		Notwithstanding any other law to the contrary, the Illinois
20		Department shall, within 365 days after July 22, 2013, (the
21		effective date of Public Act 98-104), establish procedures to
22		permit skilled care facilities licensed under the Nursing Home
23		Care Act to submit monthly billing claims for reimbursement
24		purposes. Following development of these procedures, the
25		Department shall have an additional 365 days to test the
26		viability of the new system and to ensure that any necessary

HB0001 Engrossed - 115 - LRB099 00249 HEP 20254 b
1		operational or structural changes to its information
2		technology platforms are implemented.
3		Notwithstanding any other law to the contrary, the Illinois
4		Department shall, within 365 days after August 15, 2014 (the
5		effective date of Public Act 98-963) this amendatory Act of the
6		98th General Assembly, establish procedures to permit ID/DD
7		facilities licensed under the ID/DD Community Care Act to
8		submit monthly billing claims for reimbursement purposes.
9		Following development of these procedures, the Department
10		shall have an additional 365 days to test the viability of the
11		new system and to ensure that any necessary operational or
12		structural changes to its information technology platforms are
13		implemented.
14		The Illinois Department shall require all dispensers of
15		medical services, other than an individual practitioner or
16		group of practitioners, desiring to participate in the Medical
17		Assistance program established under this Article to disclose
18		all financial, beneficial, ownership, equity, surety or other
19		interests in any and all firms, corporations, partnerships,
20		associations, business enterprises, joint ventures, agencies,
21		institutions or other legal entities providing any form of
22		health care services in this State under this Article.
23		The Illinois Department may require that all dispensers of
24		medical services desiring to participate in the medical
25		assistance program established under this Article disclose,
26		under such terms and conditions as the Illinois Department may

HB0001 Engrossed - 116 - LRB099 00249 HEP 20254 b
1		by rule establish, all inquiries from clients and attorneys
2		regarding medical bills paid by the Illinois Department, which
3		inquiries could indicate potential existence of claims or liens
4		for the Illinois Department.
5		Enrollment of a vendor shall be subject to a provisional
6		period and shall be conditional for one year. During the period
7		of conditional enrollment, the Department may terminate the
8		vendor's eligibility to participate in, or may disenroll the
9		vendor from, the medical assistance program without cause.
10		Unless otherwise specified, such termination of eligibility or
11		disenrollment is not subject to the Department's hearing
12		process. However, a disenrolled vendor may reapply without
13		penalty.
14		The Department has the discretion to limit the conditional
15		enrollment period for vendors based upon category of risk of
16		the vendor.
17		Prior to enrollment and during the conditional enrollment
18		period in the medical assistance program, all vendors shall be
19		subject to enhanced oversight, screening, and review based on
20		the risk of fraud, waste, and abuse that is posed by the
21		category of risk of the vendor. The Illinois Department shall
22		establish the procedures for oversight, screening, and review,
23		which may include, but need not be limited to: criminal and
24		financial background checks; fingerprinting; license,
25		certification, and authorization verifications; unscheduled or
26		unannounced site visits; database checks; prepayment audit

HB0001 Engrossed - 117 - LRB099 00249 HEP 20254 b
1		reviews; audits; payment caps; payment suspensions; and other
2		screening as required by federal or State law.
3		The Department shall define or specify the following: (i)
4		by provider notice, the "category of risk of the vendor" for
5		each type of vendor, which shall take into account the level of
6		screening applicable to a particular category of vendor under
7		federal law and regulations; (ii) by rule or provider notice,
8		the maximum length of the conditional enrollment period for
9		each category of risk of the vendor; and (iii) by rule, the
10		hearing rights, if any, afforded to a vendor in each category
11		of risk of the vendor that is terminated or disenrolled during
12		the conditional enrollment period.
13		To be eligible for payment consideration, a vendor's
14		payment claim or bill, either as an initial claim or as a
15		resubmitted claim following prior rejection, must be received
16		by the Illinois Department, or its fiscal intermediary, no
17		later than 180 days after the latest date on the claim on which
18		medical goods or services were provided, with the following
19		exceptions:
20		(1) In the case of a provider whose enrollment is in
21		process by the Illinois Department, the 180-day period
22		shall not begin until the date on the written notice from
23		the Illinois Department that the provider enrollment is
24		complete.
25		(2) In the case of errors attributable to the Illinois
26		Department or any of its claims processing intermediaries

HB0001 Engrossed - 118 - LRB099 00249 HEP 20254 b
1		which result in an inability to receive, process, or
2		adjudicate a claim, the 180-day period shall not begin
3		until the provider has been notified of the error.
4		(3) In the case of a provider for whom the Illinois
5		Department initiates the monthly billing process.
6		(4) In the case of a provider operated by a unit of
7		local government with a population exceeding 3,000,000
8		when local government funds finance federal participation
9		for claims payments.
10		For claims for services rendered during a period for which
11		a recipient received retroactive eligibility, claims must be
12		filed within 180 days after the Department determines the
13		applicant is eligible. For claims for which the Illinois
14		Department is not the primary payer, claims must be submitted
15		to the Illinois Department within 180 days after the final
16		adjudication by the primary payer.
17		In the case of long term care facilities, within 5 days of
18		receipt by the facility of required prescreening information,
19		data for new admissions shall be entered into the Medical
20		Electronic Data Interchange (MEDI) or the Recipient
21		Eligibility Verification (REV) System or successor system, and
22		within 15 days of receipt by the facility of required
23		prescreening information, admission documents shall be
24		submitted through MEDI or REV or shall be submitted directly to
25		the Department of Human Services using required admission
26		forms. Effective September 1, 2014, admission documents,

HB0001 Engrossed - 119 - LRB099 00249 HEP 20254 b
1		including all prescreening information, must be submitted
2		through MEDI or REV. Confirmation numbers assigned to an
3		accepted transaction shall be retained by a facility to verify
4		timely submittal. Once an admission transaction has been
5		completed, all resubmitted claims following prior rejection
6		are subject to receipt no later than 180 days after the
7		admission transaction has been completed.
8		Claims that are not submitted and received in compliance
9		with the foregoing requirements shall not be eligible for
10		payment under the medical assistance program, and the State
11		shall have no liability for payment of those claims.
12		To the extent consistent with applicable information and
13		privacy, security, and disclosure laws, State and federal
14		agencies and departments shall provide the Illinois Department
15		access to confidential and other information and data necessary
16		to perform eligibility and payment verifications and other
17		Illinois Department functions. This includes, but is not
18		limited to: information pertaining to licensure;
19		certification; earnings; immigration status; citizenship; wage
20		reporting; unearned and earned income; pension income;
21		employment; supplemental security income; social security
22		numbers; National Provider Identifier (NPI) numbers; the
23		National Practitioner Data Bank (NPDB); program and agency
24		exclusions; taxpayer identification numbers; tax delinquency;
25		corporate information; and death records.
26		The Illinois Department shall enter into agreements with

HB0001 Engrossed - 120 - LRB099 00249 HEP 20254 b
1		State agencies and departments, and is authorized to enter into
2		agreements with federal agencies and departments, under which
3		such agencies and departments shall share data necessary for
4		medical assistance program integrity functions and oversight.
5		The Illinois Department shall develop, in cooperation with
6		other State departments and agencies, and in compliance with
7		applicable federal laws and regulations, appropriate and
8		effective methods to share such data. At a minimum, and to the
9		extent necessary to provide data sharing, the Illinois
10		Department shall enter into agreements with State agencies and
11		departments, and is authorized to enter into agreements with
12		federal agencies and departments, including but not limited to:
13		the Secretary of State; the Department of Revenue; the
14		Department of Public Health; the Department of Human Services;
15		and the Department of Financial and Professional Regulation.
16		Beginning in fiscal year 2013, the Illinois Department
17		shall set forth a request for information to identify the
18		benefits of a pre-payment, post-adjudication, and post-edit
19		claims system with the goals of streamlining claims processing
20		and provider reimbursement, reducing the number of pending or
21		rejected claims, and helping to ensure a more transparent
22		adjudication process through the utilization of: (i) provider
23		data verification and provider screening technology; and (ii)
24		clinical code editing; and (iii) pre-pay, pre- or
25		post-adjudicated predictive modeling with an integrated case
26		management system with link analysis. Such a request for

HB0001 Engrossed - 121 - LRB099 00249 HEP 20254 b
1		information shall not be considered as a request for proposal
2		or as an obligation on the part of the Illinois Department to
3		take any action or acquire any products or services.
4		The Illinois Department shall establish policies,
5		procedures, standards and criteria by rule for the acquisition,
6		repair and replacement of orthotic and prosthetic devices and
7		durable medical equipment. Such rules shall provide, but not be
8		limited to, the following services: (1) immediate repair or
9		replacement of such devices by recipients; and (2) rental,
10		lease, purchase or lease-purchase of durable medical equipment
11		in a cost-effective manner, taking into consideration the
12		recipient's medical prognosis, the extent of the recipient's
13		needs, and the requirements and costs for maintaining such
14		equipment. Subject to prior approval, such rules shall enable a
15		recipient to temporarily acquire and use alternative or
16		substitute devices or equipment pending repairs or
17		replacements of any device or equipment previously authorized
18		for such recipient by the Department.
19		The Department shall execute, relative to the nursing home
20		prescreening project, written inter-agency agreements with the
21		Department of Human Services and the Department on Aging, to
22		effect the following: (i) intake procedures and common
23		eligibility criteria for those persons who are receiving
24		non-institutional services; and (ii) the establishment and
25		development of non-institutional services in areas of the State
26		where they are not currently available or are undeveloped; and

HB0001 Engrossed - 122 - LRB099 00249 HEP 20254 b
1		(iii) notwithstanding any other provision of law, subject to
2		federal approval, on and after July 1, 2012, an increase in the
3		determination of need (DON) scores from 29 to 37 for applicants
4		for institutional and home and community-based long term care;
5		if and only if federal approval is not granted, the Department
6		may, in conjunction with other affected agencies, implement
7		utilization controls or changes in benefit packages to
8		effectuate a similar savings amount for this population; and
9		(iv) no later than July 1, 2013, minimum level of care
10		eligibility criteria for institutional and home and
11		community-based long term care; and (v) no later than October
12		1, 2013, establish procedures to permit long term care
13		providers access to eligibility scores for individuals with an
14		admission date who are seeking or receiving services from the
15		long term care provider. In order to select the minimum level
16		of care eligibility criteria, the Governor shall establish a
17		workgroup that includes affected agency representatives and
18		stakeholders representing the institutional and home and
19		community-based long term care interests. This Section shall
20		not restrict the Department from implementing lower level of
21		care eligibility criteria for community-based services in
22		circumstances where federal approval has been granted.
23		The Illinois Department shall develop and operate, in
24		cooperation with other State Departments and agencies and in
25		compliance with applicable federal laws and regulations,
26		appropriate and effective systems of health care evaluation and

HB0001 Engrossed - 123 - LRB099 00249 HEP 20254 b
1		programs for monitoring of utilization of health care services
2		and facilities, as it affects persons eligible for medical
3		assistance under this Code.
4		The Illinois Department shall report annually to the
5		General Assembly, no later than the second Friday in April of
6		1979 and each year thereafter, in regard to:
7		(a) actual statistics and trends in utilization of
8		medical services by public aid recipients;
9		(b) actual statistics and trends in the provision of
10		the various medical services by medical vendors;
11		(c) current rate structures and proposed changes in
12		those rate structures for the various medical vendors; and
13		(d) efforts at utilization review and control by the
14		Illinois Department.
15		The period covered by each report shall be the 3 years
16		ending on the June 30 prior to the report. The report shall
17		include suggested legislation for consideration by the General
18		Assembly. The filing of one copy of the report with the
19		Speaker, one copy with the Minority Leader and one copy with
20		the Clerk of the House of Representatives, one copy with the
21		President, one copy with the Minority Leader and one copy with
22		the Secretary of the Senate, one copy with the Legislative
23		Research Unit, and such additional copies with the State
24		Government Report Distribution Center for the General Assembly
25		as is required under paragraph (t) of Section 7 of the State
26		Library Act shall be deemed sufficient to comply with this

HB0001 Engrossed - 124 - LRB099 00249 HEP 20254 b
1		Section.
2		Rulemaking authority to implement Public Act 95-1045, if
3		any, is conditioned on the rules being adopted in accordance
4		with all provisions of the Illinois Administrative Procedure
5		Act and all rules and procedures of the Joint Committee on
6		Administrative Rules; any purported rule not so adopted, for
7		whatever reason, is unauthorized.
8		On and after July 1, 2012, the Department shall reduce any
9		rate of reimbursement for services or other payments or alter
10		any methodologies authorized by this Code to reduce any rate of
11		reimbursement for services or other payments in accordance with
12		Section 5-5e.
13		Because kidney transplantation can be an appropriate, cost
14		effective alternative to renal dialysis when medically
15		necessary and notwithstanding the provisions of Section 1-11 of
16		this Code, beginning October 1, 2014, the Department shall
17		cover kidney transplantation for noncitizens with end-stage
18		renal disease who are not eligible for comprehensive medical
19		benefits, who meet the residency requirements of Section 5-3 of
20		this Code, and who would otherwise meet the financial
21		requirements of the appropriate class of eligible persons under
22		Section 5-2 of this Code. To qualify for coverage of kidney
23		transplantation, such person must be receiving emergency renal
24		dialysis services covered by the Department. Providers under
25		this Section shall be prior approved and certified by the
26		Department to perform kidney transplantation and the services

HB0001 Engrossed - 125 - LRB099 00249 HEP 20254 b
1		under this Section shall be limited to services associated with
2		kidney transplantation.
3		Notwithstanding any other provision of this Code to the
4		contrary, on or after July 1, 2015, all FDA approved forms of
5		medication assisted treatment prescribed for the treatment of
6		alcohol dependence or treatment of opioid dependence shall be
7		covered under both fee for service and managed care medical
8		assistance programs for persons who are otherwise eligible for
9		medical assistance under this Article and shall not be subject
10		to any (1) utilization control, other than those established
11		under the American Society of Addiction Medicine patient
12		placement criteria, (2) prior authorization mandate, or (3)
13		lifetime restriction limit mandate.
14		On or after July 1, 2015, opioid antagonists prescribed for
15		the treatment of an opioid overdose, including the medication
16		product, administration devices, and any pharmacy fees related
17		to the dispensing and administration of the opioid antagonist,
18		shall be covered under the medical assistance program for
19		persons who are otherwise eligible for medical assistance under
20		this Article. As used in this Section, "opioid antagonist"
21		means a drug that binds to opioid receptors and blocks or
22		inhibits the effect of opioids acting on those receptors,
23		including, but not limited to, naloxone hydrochloride or any
24		other similarly acting drug approved by the U.S. Food and Drug
25		Administration.
26		(Source: P.A. 97-48, eff. 6-28-11; 97-638, eff. 1-1-12; 97-689,

HB0001 Engrossed - 126 - LRB099 00249 HEP 20254 b
1		eff. 6-14-12; 97-1061, eff. 8-24-12; 98-104, Article 9, Section
2		9-5, eff. 7-22-13; 98-104, Article 12, Section 12-20, eff.
3		7-22-13; 98-303, eff. 8-9-13; 98-463, eff. 8-16-13; 98-651,
4		eff. 6-16-14; 98-756, eff. 7-16-14; 98-963, eff. 8-15-14;
5		revised 10-2-14.)
6		(305 ILCS 5/5-16.8)
7		Sec. 5-16.8. Required health benefits. The medical
8		assistance program shall (i) provide the post-mastectomy care
9		benefits required to be covered by a policy of accident and
10		health insurance under Section 356t and the coverage required
11		under Sections 356g.5, 356u, 356w, 356x, and 356z.6 of the
12		Illinois Insurance Code and (ii) be subject to the provisions
13		of Sections 356z.19, and 364.01, 370c, and 370c.1 of the
14		Illinois Insurance Code.
15		On and after July 1, 2012, the Department shall reduce any
16		rate of reimbursement for services or other payments or alter
17		any methodologies authorized by this Code to reduce any rate of
18		reimbursement for services or other payments in accordance with
19		Section 5-5e.
20		(Source: P.A. 97-282, eff. 8-9-11; 97-689, eff. 6-14-12.)
21		Section 5-88. The Environmental Protection Act is amended
22		by changing Section 22.55 as follows:
23		(415 ILCS 5/22.55)

HB0001 Engrossed - 127 - LRB099 00249 HEP 20254 b
1		Sec. 22.55. Household Waste Drop-off Points.
2		(a) Findings; Purpose and Intent.
3		(1) The General Assembly finds that protection of human
4		health and the environment can be enhanced if certain
5		commonly generated household wastes are managed separately
6		from the general household waste stream.
7		(2) The purpose of this Section is to provide, to the
8		extent allowed under federal law, a method for managing
9		certain types of household waste separately from the
10		general household waste stream.
11		(b) Definitions. For the purposes of this Section:
12		"Controlled substance" means a controlled substance as
13		defined in the Illinois Controlled Substances Act.
14		"Household waste" means waste generated from a single
15		residence or multiple residences.
16		"Household waste drop-off point" means the portion of a
17		site or facility used solely for the receipt and temporary
18		storage of household waste.
19		"One-day household waste collection event" means a
20		household waste drop-off point approved by the Agency under
21		subsection (d) of this Section.
22		"Personal care product" means an item other than a
23		pharmaceutical product that is consumed or applied by an
24		individual for personal health, hygiene, or cosmetic
25		reasons. Personal care products include, but are not
26		limited to, items used in bathing, dressing, or grooming.

HB0001 Engrossed - 128 - LRB099 00249 HEP 20254 b
1		"Pharmaceutical product" means medicine or a product
2		containing medicine. A pharmaceutical product may be sold
3		by prescription or over the counter. "Pharmaceutical
4		product" does not include (i) medicine that contains a
5		radioactive component or a product that contains a
6		radioactive component or (ii) a controlled substance.
7		(c) Except as otherwise provided in Agency rules, the
8		following requirements apply to each household waste drop-off
9		point other than a one-day household waste collection event:
10		(1) A household waste drop-off point must not accept
11		waste other than the following types of household waste:
12		pharmaceutical products, personal care products, batteries
13		other than lead-acid batteries, paints, automotive fluids,
14		compact fluorescent lightbulbs, mercury thermometers, and
15		mercury thermostats. A household waste drop-off point may
16		accept controlled substances in accordance with federal
17		law.
18		(2) Except as provided in subdivision (c)(2) of this
19		Section, household waste drop-off points must be located at
20		a site or facility where the types of products accepted at
21		the household waste drop-off point are lawfully sold,
22		distributed, or dispensed. For example, household waste
23		drop-off points that accept prescription pharmaceutical
24		products must be located at a site or facility where
25		prescription pharmaceutical products are sold,
26		distributed, or dispensed.

HB0001 Engrossed - 129 - LRB099 00249 HEP 20254 b
1		(A) Subdivision (c)(2) of this Section does not
2		apply to household waste drop-off points operated by a
3		government or school entity, or by an association or
4		other organization of government or school entities.
5		(B) Household waste drop-off points that accept
6		mercury thermometers can be located at any site or
7		facility where non-mercury thermometers are sold,
8		distributed, or dispensed.
9		(C) Household waste drop-off points that accept
10		mercury thermostats can be located at any site or
11		facility where non-mercury thermostats are sold,
12		distributed, or dispensed.
13		(3) The location of acceptance for each type of waste
14		accepted at the household waste drop-off point must be
15		clearly identified. Locations where pharmaceutical
16		products are accepted must also include a copy of the sign
17		required under subsection (j) of this Section.
18		(4) Household waste must be accepted only from private
19		individuals. Waste must not be accepted from other persons,
20		including, but not limited to, owners and operators of
21		rented or leased residences where the household waste was
22		generated, commercial haulers, and other commercial,
23		industrial, agricultural, and government operations or
24		entities.
25		(5) If more than one type of household waste is
26		accepted, each type of household waste must be managed

HB0001 Engrossed - 130 - LRB099 00249 HEP 20254 b
1		separately prior to its packaging for off-site transfer.
2		(6) Household waste must not be stored for longer than
3		90 days after its receipt, except as otherwise approved by
4		the Agency in writing.
5		(7) Household waste must be managed in a manner that
6		protects against releases of the waste, prevents
7		nuisances, and otherwise protects human health and the
8		environment. Household waste must also be properly secured
9		to prevent unauthorized public access to the waste,
10		including, but not limited to, preventing access to the
11		waste during the non-business hours of the site or facility
12		on which the household waste drop-off point is located.
13		Containers in which pharmaceutical products are collected
14		must be clearly marked "No Controlled Substances", unless
15		the household waste drop-off point accepts controlled
16		substances in accordance with federal law.
17		(8) Management of the household waste must be limited
18		to the following: (i) acceptance of the waste, (ii)
19		temporary storage of the waste prior to transfer, and (iii)
20		off-site transfer of the waste and packaging for off-site
21		transfer.
22		(9) Off-site transfer of the household waste must
23		comply with federal and State laws and regulations.
24		(d) One-day household waste collection events. To further
25		aid in the collection of certain household wastes, the Agency
26		may approve the operation of one-day household waste collection

HB0001 Engrossed - 131 - LRB099 00249 HEP 20254 b
1		events. The Agency shall not approve a one-day household waste
2		collection event at the same site or facility for more than one
3		day each calendar quarter. Requests for approval must be
4		submitted on forms prescribed by the Agency. The Agency must
5		issue its approval in writing, and it may impose conditions as
6		necessary to protect human health and the environment and to
7		otherwise accomplish the purposes of this Act. One-day
8		household waste collection events must be operated in
9		accordance with the Agency's approval, including all
10		conditions contained in the approval. The following
11		requirements apply to all one-day household waste collection
12		events, in addition to the conditions contained in the Agency's
13		approval:
14		(1) Waste accepted at the event must be limited to
15		household waste and must not include garbage, landscape
16		waste, controlled substances, or other waste excluded by
17		the Agency in the Agency's approval or any conditions
18		contained in the approval. A one-day household waste
19		collection event may accept controlled substances in
20		accordance with federal law.
21		(2) Household waste must be accepted only from private
22		individuals. Waste must not be accepted from other persons,
23		including, but not limited to, owners and operators of
24		rented or leased residences where the household waste was
25		generated, commercial haulers, and other commercial,
26		industrial, agricultural, and government operations or

HB0001 Engrossed - 132 - LRB099 00249 HEP 20254 b
1		entities.
2		(3) Household waste must be managed in a manner that
3		protects against releases of the waste, prevents
4		nuisances, and otherwise protects human health and the
5		environment. Household waste must also be properly secured
6		to prevent public access to the waste, including, but not
7		limited to, preventing access to the waste during the
8		event's non-business hours.
9		(4) Management of the household waste must be limited
10		to the following: (i) acceptance of the waste, (ii)
11		temporary storage of the waste before transfer, and (iii)
12		off-site transfer of the waste or packaging for off-site
13		transfer.
14		(5) Except as otherwise approved by the Agency, all
15		household waste received at the collection event must be
16		transferred off-site by the end of the day following the
17		collection event.
18		(6) The transfer and ultimate disposition of household
19		waste received at the collection event must comply with the
20		Agency's approval, including all conditions contained in
21		the approval.
22		(e) The Agency may adopt rules governing the operation of
23		household waste drop-off points other than one-day household
24		waste collection events. Those rules must be designed to
25		protect against releases of waste to the environment, prevent
26		nuisances, and otherwise protect human health and the

HB0001 Engrossed - 133 - LRB099 00249 HEP 20254 b
1		environment. As necessary to address different circumstances,
2		the regulations may contain different requirements for
3		different types of household waste and different types of
4		household waste drop-off points, and the regulations may modify
5		the requirements set forth in subsection (c) of this Section.
6		The regulations may include, but are not limited to, the
7		following: (i) identification of additional types of household
8		waste that can be collected at household waste drop-off points,
9		(ii) identification of the different types of household wastes
10		that can be received at different household waste drop-off
11		points, (iii) the maximum amounts of each type of household
12		waste that can be stored at household waste drop-off points at
13		any one time, and (iv) the maximum time periods each type of
14		household waste can be stored at household waste drop-off
15		points.
16		(f) Prohibitions.
17		(1) Except as authorized in a permit issued by the
18		Agency, no person shall cause or allow the operation of a
19		household waste drop-off point other than a one-day
20		household waste collection event in violation of this
21		Section or any regulations adopted under this Section.
22		(2) No person shall cause or allow the operation of a
23		one-day household waste collection event in violation of
24		this Section or the Agency's approval issued under
25		subsection (d) of this Section, including all conditions
26		contained in the approval.

HB0001 Engrossed - 134 - LRB099 00249 HEP 20254 b
1		(g) Permit exemptions.
2		(1) No permit is required under subdivision (d)(1) of
3		Section 21 of this Act for the operation of a household
4		waste drop-off point other than a one-day household waste
5		collection event if the household waste drop-off point is
6		operated in accordance with this Section and all
7		regulations adopted under this Section.
8		(2) No permit is required under subdivision (d)(1) of
9		Section 21 of this Act for the operation of a one-day
10		household waste collection event if the event is operated
11		in accordance with this Section and the Agency's approval
12		issued under subsection (d) of this Section, including all
13		conditions contained in the approval, or for the operation
14		of a household waste collection event by the Agency.
15		(h) This Section does not apply to the following:
16		(1) Persons accepting household waste that they are
17		authorized to accept under a permit issued by the Agency.
18		(2) Sites or facilities operated pursuant to an
19		intergovernmental agreement entered into with the Agency
20		under Section 22.16b(d) of this Act.
21		(i) The Agency, in consultation with the Department of
22		Public Health, must develop and implement a public information
23		program regarding household waste drop-off points that accept
24		pharmaceutical products, as well as mail-back programs
25		authorized under federal law.
26		(j) The Agency must develop a sign that provides

HB0001 Engrossed - 135 - LRB099 00249 HEP 20254 b
1		information on the proper disposal of unused pharmaceutical
2		products. The sign shall include information on approved
3		drop-off sites or list a website where updated information on
4		drop-off sites can be accessed. The sign shall also include
5		information on mail-back programs and self-disposal. The
6		Agency shall make a copy of the sign available for downloading
7		from its website. Every pharmacy shall display the sign in the
8		area where medications are dispensed and shall also display any
9		signs the Agency develops regarding local take-back programs or
10		household waste collection events. These signs shall be no
11		larger than 8.5 inches by 11 inches.
12		(k) If an entity chooses to participate as a household
13		waste drop-off point, then it must follow the provisions of
14		this Section and any rules the Agency may adopt governing
15		household waste drop-off points.
16		(l) The Agency shall establish, by rule, a statewide
17		medication take-back program by June 1, 2016 to ensure that
18		there are pharmaceutical product disposal options regularly
19		available for residents across the State. No private entity may
20		be compelled to serve as or fund a take-back location or
21		program. Medications collected and disposed of under the
22		program shall include controlled substances approved for
23		collection by federal law. All medications collected and
24		disposed of under the program must be managed in accordance
25		with all applicable federal and State laws and regulations. The
26		Agency shall issue a report to the General Assembly by June 1,

HB0001 Engrossed - 136 - LRB099 00249 HEP 20254 b
1		2019 detailing the amount of pharmaceutical products annually
2		collected under the program, as well as any legislative
3		recommendations.
4		(Source: P.A. 96-121, eff. 8-4-09.)
5		Section 5-90. The Criminal Code of 2012 is amended by
6		changing Section 29B-1 as follows:
7		(720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
8		Sec. 29B-1. (a) A person commits the offense of money
9		laundering:
10		(1) when, knowing that the property involved in a
11		financial transaction represents the proceeds of some form
12		of unlawful activity, he or she conducts or attempts to
13		conduct such a financial transaction which in fact involves
14		criminally derived property:
15		(A) with the intent to promote the carrying on of
16		the unlawful activity from which the criminally
17		derived property was obtained; or
18		(B) where he or she knows or reasonably should know
19		that the financial transaction is designed in whole or
20		in part:
21		(i) to conceal or disguise the nature, the
22		location, the source, the ownership or the control
23		of the criminally derived property; or
24		(ii) to avoid a transaction reporting

HB0001 Engrossed - 137 - LRB099 00249 HEP 20254 b
1		requirement under State law; or
2		(1.5) when he or she transports, transmits, or
3		transfers, or attempts to transport, transmit, or transfer
4		a monetary instrument:
5		(A) with the intent to promote the carrying on of
6		the unlawful activity from which the criminally
7		derived property was obtained; or
8		(B) knowing, or having reason to know, that the
9		financial transaction is designed in whole or in part:
10		(i) to conceal or disguise the nature, the
11		location, the source, the ownership or the control
12		of the criminally derived property; or
13		(ii) to avoid a transaction reporting
14		requirement under State law; or
15		(2) when, with the intent to:
16		(A) promote the carrying on of a specified criminal
17		activity as defined in this Article; or
18		(B) conceal or disguise the nature, location,
19		source, ownership, or control of property believed to
20		be the proceeds of a specified criminal activity as
21		defined by subdivision (b)(6); or
22		(C) avoid a transaction reporting requirement
23		under State law,
24		he or she conducts or attempts to conduct a financial
25		transaction involving property he or she believes to be the
26		proceeds of specified criminal activity as defined by

HB0001 Engrossed - 138 - LRB099 00249 HEP 20254 b
1		subdivision (b)(6) or property used to conduct or
2		facilitate specified criminal activity as defined by
3		subdivision (b)(6).
4		(b) As used in this Section:
5		(0.5) "Knowing that the property involved in a
6		financial transaction represents the proceeds of some form
7		of unlawful activity" means that the person knew the
8		property involved in the transaction represented proceeds
9		from some form, though not necessarily which form, of
10		activity that constitutes a felony under State, federal, or
11		foreign law.
12		(1) "Financial transaction" means a purchase, sale,
13		loan, pledge, gift, transfer, delivery or other
14		disposition utilizing criminally derived property, and
15		with respect to financial institutions, includes a
16		deposit, withdrawal, transfer between accounts, exchange
17		of currency, loan, extension of credit, purchase or sale of
18		any stock, bond, certificate of deposit or other monetary
19		instrument, use of safe deposit box, or any other payment,
20		transfer or delivery by, through, or to a financial
21		institution. For purposes of clause (a)(2) of this Section,
22		the term "financial transaction" also means a transaction
23		which without regard to whether the funds, monetary
24		instruments, or real or personal property involved in the
25		transaction are criminally derived, any transaction which
26		in any way or degree: (1) involves the movement of funds by

HB0001 Engrossed - 139 - LRB099 00249 HEP 20254 b
1		wire or any other means; (2) involves one or more monetary
2		instruments; or (3) the transfer of title to any real or
3		personal property. The receipt by an attorney of bona fide
4		fees for the purpose of legal representation is not a
5		financial transaction for purposes of this Section.
6		(2) "Financial institution" means any bank; saving and
7		loan association; trust company; agency or branch of a
8		foreign bank in the United States; currency exchange;
9		credit union, mortgage banking institution; pawnbroker;
10		loan or finance company; operator of a credit card system;
11		issuer, redeemer or cashier of travelers checks, checks or
12		money orders; dealer in precious metals, stones or jewels;
13		broker or dealer in securities or commodities; investment
14		banker; or investment company.
15		(3) "Monetary instrument" means United States coins
16		and currency; coins and currency of a foreign country;
17		travelers checks; personal checks, bank checks, and money
18		orders; investment securities; bearer negotiable
19		instruments; bearer investment securities; or bearer
20		securities and certificates of stock in such form that
21		title thereto passes upon delivery.
22		(4) "Criminally derived property" means: (A) any
23		property, real or personal, constituting or derived from
24		proceeds obtained, directly or indirectly, from activity
25		that constitutes a felony under State, federal, or foreign
26		law; or (B) any property represented to be property

HB0001 Engrossed - 140 - LRB099 00249 HEP 20254 b
1		constituting or derived from proceeds obtained, directly
2		or indirectly, from activity that constitutes a felony
3		under State, federal, or foreign law.
4		(5) "Conduct" or "conducts" includes, in addition to
5		its ordinary meaning, initiating, concluding, or
6		participating in initiating or concluding a transaction.
7		(6) "Specified criminal activity" means any violation
8		of Section 29D-15.1 (720 ILCS 5/29D-15.1) and any violation
9		of Article 29D of this Code.
10		(7) "Director" means the Director of State Police or
11		his or her designated agents.
12		(8) "Department" means the Department of State Police
13		of the State of Illinois or its successor agency.
14		(9) "Transaction reporting requirement under State
15		law" means any violation as defined under the Currency
16		Reporting Act.
17		(c) Sentence.
18		(1) Laundering of criminally derived property of a
19		value not exceeding $10,000 is a Class 3 felony;
20		(2) Laundering of criminally derived property of a
21		value exceeding $10,000 but not exceeding $100,000 is a
22		Class 2 felony;
23		(3) Laundering of criminally derived property of a
24		value exceeding $100,000 but not exceeding $500,000 is a
25		Class 1 felony;
26		(4) Money laundering in violation of subsection (a)(2)

HB0001 Engrossed - 141 - LRB099 00249 HEP 20254 b
1		of this Section is a Class X felony;
2		(5) Laundering of criminally derived property of a
3		value exceeding $500,000 is a Class 1 non-probationable
4		felony;
5		(6) In a prosecution under clause (a)(1.5)(B)(ii) of
6		this Section, the sentences are as follows:
7		(A) Laundering of property of a value not exceeding
8		$10,000 is a Class 3 felony;
9		(B) Laundering of property of a value exceeding
10		$10,000 but not exceeding $100,000 is a Class 2 felony;
11		(C) Laundering of property of a value exceeding
12		$100,000 but not exceeding $500,000 is a Class 1
13		felony;
14		(D) Laundering of property of a value exceeding
15		$500,000 is a Class 1 non-probationable felony.
16		(d) Evidence. In a prosecution under this Article, either
17		party may introduce the following evidence pertaining to the
18		issue of whether the property or proceeds were known to be some
19		form of criminally derived property or from some form of
20		unlawful activity:
21		(1) A financial transaction was conducted or
22		structured or attempted in violation of the reporting
23		requirements of any State or federal law; or
24		(2) A financial transaction was conducted or attempted
25		with the use of a false or fictitious name or a forged
26		instrument; or

HB0001 Engrossed - 142 - LRB099 00249 HEP 20254 b
1		(3) A falsely altered or completed written instrument
2		or a written instrument that contains any materially false
3		personal identifying information was made, used, offered
4		or presented, whether accepted or not, in connection with a
5		financial transaction; or
6		(4) A financial transaction was structured or
7		attempted to be structured so as to falsely report the
8		actual consideration or value of the transaction; or
9		(5) A money transmitter, a person engaged in a trade or
10		business or any employee of a money transmitter or a person
11		engaged in a trade or business, knows or reasonably should
12		know that false personal identifying information has been
13		presented and incorporates the false personal identifying
14		information into any report or record; or
15		(6) The criminally derived property is transported or
16		possessed in a fashion inconsistent with the ordinary or
17		usual means of transportation or possession of such
18		property and where the property is discovered in the
19		absence of any documentation or other indicia of legitimate
20		origin or right to such property; or
21		(7) A person pays or receives substantially less than
22		face value for one or more monetary instruments; or
23		(8) A person engages in a transaction involving one or
24		more monetary instruments, where the physical condition or
25		form of the monetary instrument or instruments makes it
26		apparent that they are not the product of bona fide

HB0001 Engrossed - 143 - LRB099 00249 HEP 20254 b
1		business or financial transactions.
2		(e) Duty to enforce this Article.
3		(1) It is the duty of the Department of State Police,
4		and its agents, officers, and investigators, to enforce all
5		provisions of this Article, except those specifically
6		delegated, and to cooperate with all agencies charged with
7		the enforcement of the laws of the United States, or of any
8		state, relating to money laundering. Only an agent,
9		officer, or investigator designated by the Director may be
10		authorized in accordance with this Section to serve seizure
11		notices, warrants, subpoenas, and summonses under the
12		authority of this State.
13		(2) Any agent, officer, investigator, or peace officer
14		designated by the Director may: (A) make seizure of
15		property pursuant to the provisions of this Article; and
16		(B) perform such other law enforcement duties as the
17		Director designates. It is the duty of all State's
18		Attorneys to prosecute violations of this Article and
19		institute legal proceedings as authorized under this
20		Article.
21		(f) Protective orders.
22		(1) Upon application of the State, the court may enter
23		a restraining order or injunction, require the execution of
24		a satisfactory performance bond, or take any other action
25		to preserve the availability of property described in
26		subsection (h) for forfeiture under this Article:

HB0001 Engrossed - 144 - LRB099 00249 HEP 20254 b
1		(A) upon the filing of an indictment, information,
2		or complaint charging a violation of this Article for
3		which forfeiture may be ordered under this Article and
4		alleging that the property with respect to which the
5		order is sought would be subject to forfeiture under
6		this Article; or
7		(B) prior to the filing of such an indictment,
8		information, or complaint, if, after notice to persons
9		appearing to have an interest in the property and
10		opportunity for a hearing, the court determines that:
11		(i) there is probable cause to believe that the
12		State will prevail on the issue of forfeiture and
13		that failure to enter the order will result in the
14		property being destroyed, removed from the
15		jurisdiction of the court, or otherwise made
16		unavailable for forfeiture; and
17		(ii) the need to preserve the availability of
18		the property through the entry of the requested
19		order outweighs the hardship on any party against
20		whom the order is to be entered.
21		Provided, however, that an order entered pursuant
22		to subparagraph (B) shall be effective for not more
23		than 90 days, unless extended by the court for good
24		cause shown or unless an indictment, information,
25		complaint, or administrative notice has been filed.
26		(2) A temporary restraining order under this

HB0001 Engrossed - 145 - LRB099 00249 HEP 20254 b
1		subsection may be entered upon application of the State
2		without notice or opportunity for a hearing when an
3		indictment, information, complaint, or administrative
4		notice has not yet been filed with respect to the property,
5		if the State demonstrates that there is probable cause to
6		believe that the property with respect to which the order
7		is sought would be subject to forfeiture under this Section
8		and that provision of notice will jeopardize the
9		availability of the property for forfeiture. Such a
10		temporary order shall expire not more than 30 days after
11		the date on which it is entered, unless extended for good
12		cause shown or unless the party against whom it is entered
13		consents to an extension for a longer period. A hearing
14		requested concerning an order entered under this paragraph
15		shall be held at the earliest possible time and prior to
16		the expiration of the temporary order.
17		(3) The court may receive and consider, at a hearing
18		held pursuant to this subsection (f), evidence and
19		information that would be inadmissible under the Illinois
20		rules of evidence.
21		(4) Order to repatriate and deposit.
22		(A) In general. Pursuant to its authority to enter
23		a pretrial restraining order under this Section, the
24		court may order a defendant to repatriate any property
25		that may be seized and forfeited and to deposit that
26		property pending trial with the Illinois State Police

HB0001 Engrossed - 146 - LRB099 00249 HEP 20254 b
1		or another law enforcement agency designated by the
2		Illinois State Police.
3		(B) Failure to comply. Failure to comply with an
4		order under this subsection (f) is punishable as a
5		civil or criminal contempt of court.
6		(g) Warrant of seizure. The State may request the issuance
7		of a warrant authorizing the seizure of property described in
8		subsection (h) in the same manner as provided for a search
9		warrant. If the court determines that there is probable cause
10		to believe that the property to be seized would be subject to
11		forfeiture, the court shall issue a warrant authorizing the
12		seizure of such property.
13		(h) Forfeiture.
14		(1) The following are subject to forfeiture:
15		(A) any property, real or personal, constituting,
16		derived from, or traceable to any proceeds the person
17		obtained directly or indirectly, as a result of a
18		violation of this Article;
19		(B) any of the person's property used, or intended
20		to be used, in any manner or part, to commit, or to
21		facilitate the commission of, a violation of this
22		Article;
23		(C) all conveyances, including aircraft, vehicles
24		or vessels, which are used, or intended for use, to
25		transport, or in any manner to facilitate the
26		transportation, sale, receipt, possession, or

HB0001 Engrossed - 147 - LRB099 00249 HEP 20254 b
1		concealment of property described in subparagraphs (A)
2		and (B), but:
3		(i) no conveyance used by any person as a
4		common carrier in the transaction of business as a
5		common carrier is subject to forfeiture under this
6		Section unless it appears that the owner or other
7		person in charge of the conveyance is a consenting
8		party or privy to a violation of this Article;
9		(ii) no conveyance is subject to forfeiture
10		under this Section by reason of any act or omission
11		which the owner proves to have been committed or
12		omitted without his or her knowledge or consent;
13		(iii) a forfeiture of a conveyance encumbered
14		by a bona fide security interest is subject to the
15		interest of the secured party if he or she neither
16		had knowledge of nor consented to the act or
17		omission;
18		(D) all real property, including any right, title,
19		and interest (including, but not limited to, any
20		leasehold interest or the beneficial interest in a land
21		trust) in the whole of any lot or tract of land and any
22		appurtenances or improvements, which is used or
23		intended to be used, in any manner or part, to commit,
24		or in any manner to facilitate the commission of, any
25		violation of this Article or that is the proceeds of
26		any violation or act that constitutes a violation of

HB0001 Engrossed - 148 - LRB099 00249 HEP 20254 b
1		this Article.
2		(2) Property subject to forfeiture under this Article
3		may be seized by the Director or any peace officer upon
4		process or seizure warrant issued by any court having
5		jurisdiction over the property. Seizure by the Director or
6		any peace officer without process may be made:
7		(A) if the seizure is incident to a seizure
8		warrant;
9		(B) if the property subject to seizure has been the
10		subject of a prior judgment in favor of the State in a
11		criminal proceeding, or in an injunction or forfeiture
12		proceeding based upon this Article;
13		(C) if there is probable cause to believe that the
14		property is directly or indirectly dangerous to health
15		or safety;
16		(D) if there is probable cause to believe that the
17		property is subject to forfeiture under this Article
18		and the property is seized under circumstances in which
19		a warrantless seizure or arrest would be reasonable; or
20		(E) in accordance with the Code of Criminal
21		Procedure of 1963.
22		(3) In the event of seizure pursuant to paragraph (2),
23		forfeiture proceedings shall be instituted in accordance
24		with subsections (i) through (r).
25		(4) Property taken or detained under this Section shall
26		not be subject to replevin, but is deemed to be in the

HB0001 Engrossed - 149 - LRB099 00249 HEP 20254 b
1		custody of the Director subject only to the order and
2		judgments of the circuit court having jurisdiction over the
3		forfeiture proceedings and the decisions of the State's
4		Attorney under this Article. When property is seized under
5		this Article, the seizing agency shall promptly conduct an
6		inventory of the seized property and estimate the
7		property's value and shall forward a copy of the inventory
8		of seized property and the estimate of the property's value
9		to the Director. Upon receiving notice of seizure, the
10		Director may:
11		(A) place the property under seal;
12		(B) remove the property to a place designated by
13		the Director;
14		(C) keep the property in the possession of the
15		seizing agency;
16		(D) remove the property to a storage area for
17		safekeeping or, if the property is a negotiable
18		instrument or money and is not needed for evidentiary
19		purposes, deposit it in an interest bearing account;
20		(E) place the property under constructive seizure
21		by posting notice of pending forfeiture on it, by
22		giving notice of pending forfeiture to its owners and
23		interest holders, or by filing notice of pending
24		forfeiture in any appropriate public record relating
25		to the property; or
26		(F) provide for another agency or custodian,

HB0001 Engrossed - 150 - LRB099 00249 HEP 20254 b
1		including an owner, secured party, or lienholder, to
2		take custody of the property upon the terms and
3		conditions set by the Director.
4		(5) When property is forfeited under this Article, the
5		Director shall sell all such property unless such property
6		is required by law to be destroyed or is harmful to the
7		public, and shall distribute the proceeds of the sale,
8		together with any moneys forfeited or seized, in accordance
9		with paragraph (6). However, upon the application of the
10		seizing agency or prosecutor who was responsible for the
11		investigation, arrest or arrests and prosecution which
12		lead to the forfeiture, the Director may return any item of
13		forfeited property to the seizing agency or prosecutor for
14		official use in the enforcement of laws, if the agency or
15		prosecutor can demonstrate that the item requested would be
16		useful to the agency or prosecutor in its enforcement
17		efforts. When any real property returned to the seizing
18		agency is sold by the agency or its unit of government, the
19		proceeds of the sale shall be delivered to the Director and
20		distributed in accordance with paragraph (6).
21		(6) All monies and the sale proceeds of all other
22		property forfeited and seized under this Article shall be
23		distributed as follows:
24		(A) 65% shall be distributed to the metropolitan
25		enforcement group, local, municipal, county, or State
26		law enforcement agency or agencies which conducted or

HB0001 Engrossed - 151 - LRB099 00249 HEP 20254 b
1		participated in the investigation resulting in the
2		forfeiture. The distribution shall bear a reasonable
3		relationship to the degree of direct participation of
4		the law enforcement agency in the effort resulting in
5		the forfeiture, taking into account the total value of
6		the property forfeited and the total law enforcement
7		effort with respect to the violation of the law upon
8		which the forfeiture is based. Amounts distributed to
9		the agency or agencies shall be used for the
10		enforcement of laws.
11		(B)(i) 12.5% shall be distributed to the Office of
12		the State's Attorney of the county in which the
13		prosecution resulting in the forfeiture was
14		instituted, deposited in a special fund in the county
15		treasury and appropriated to the State's Attorney for
16		use in the enforcement of laws. In counties over
17		3,000,000 population, 25% shall be distributed to the
18		Office of the State's Attorney for use in the
19		enforcement of laws. If the prosecution is undertaken
20		solely by the Attorney General, the portion provided
21		hereunder shall be distributed to the Attorney General
22		for use in the enforcement of laws.
23		(ii) 12.5% shall be distributed to the Office
24		of the State's Attorneys Appellate Prosecutor and
25		deposited in the Narcotics Profit Forfeiture Fund
26		of that office to be used for additional expenses

HB0001 Engrossed - 152 - LRB099 00249 HEP 20254 b
1		incurred in the investigation, prosecution and
2		appeal of cases arising under laws. The Office of
3		the State's Attorneys Appellate Prosecutor shall
4		not receive distribution from cases brought in
5		counties with over 3,000,000 population.
6		(C) 10% shall be retained by the Department of
7		State Police for expenses related to the
8		administration and sale of seized and forfeited
9		property.
10		Moneys and the sale proceeds distributed to the
11		Department of State Police under this Article shall be
12		deposited in the Money Laundering Asset Recovery Fund
13		created in the State treasury and shall be used by the
14		Department of State Police for State law enforcement
15		purposes.
16		(7) All moneys and sale proceeds of property forfeited
17		and seized under this Article and distributed according to
18		paragraph (6) may also be used to purchase opioid
19		antagonists as defined in Section 5-23 of the Alcoholism
20		and Other Drug Abuse and Dependency Act.
21		(i) Notice to owner or interest holder.
22		(1) Whenever notice of pending forfeiture or service of
23		an in rem complaint is required under the provisions of
24		this Article, such notice or service shall be given as
25		follows:
26		(A) If the owner's or interest holder's name and

HB0001 Engrossed - 153 - LRB099 00249 HEP 20254 b
1		current address are known, then by either personal
2		service or mailing a copy of the notice by certified
3		mail, return receipt requested, to that address. For
4		purposes of notice under this Section, if a person has
5		been arrested for the conduct giving rise to the
6		forfeiture, then the address provided to the arresting
7		agency at the time of arrest shall be deemed to be that
8		person's known address. Provided, however, if an owner
9		or interest holder's address changes prior to the
10		effective date of the notice of pending forfeiture, the
11		owner or interest holder shall promptly notify the
12		seizing agency of the change in address or, if the
13		owner or interest holder's address changes subsequent
14		to the effective date of the notice of pending
15		forfeiture, the owner or interest holder shall
16		promptly notify the State's Attorney of the change in
17		address; or
18		(B) If the property seized is a conveyance, to the
19		address reflected in the office of the agency or
20		official in which title or interest to the conveyance
21		is required by law to be recorded, then by mailing a
22		copy of the notice by certified mail, return receipt
23		requested, to that address; or
24		(C) If the owner's or interest holder's address is
25		not known, and is not on record as provided in
26		paragraph (B), then by publication for 3 successive

HB0001 Engrossed - 154 - LRB099 00249 HEP 20254 b
1		weeks in a newspaper of general circulation in the
2		county in which the seizure occurred.
3		(2) Notice served under this Article is effective upon
4		personal service, the last date of publication, or the
5		mailing of written notice, whichever is earlier.
6		(j) Notice to State's Attorney. The law enforcement agency
7		seizing property for forfeiture under this Article shall,
8		within 90 days after seizure, notify the State's Attorney for
9		the county, either where an act or omission giving rise to the
10		forfeiture occurred or where the property was seized, of the
11		seizure of the property and the facts and circumstances giving
12		rise to the seizure and shall provide the State's Attorney with
13		the inventory of the property and its estimated value. When the
14		property seized for forfeiture is a vehicle, the law
15		enforcement agency seizing the property shall immediately
16		notify the Secretary of State that forfeiture proceedings are
17		pending regarding such vehicle.
18		(k) Non-judicial forfeiture. If non-real property that
19		exceeds $20,000 in value excluding the value of any conveyance,
20		or if real property is seized under the provisions of this
21		Article, the State's Attorney shall institute judicial in rem
22		forfeiture proceedings as described in subsection (l) of this
23		Section within 45 days from receipt of notice of seizure from
24		the seizing agency under subsection (j) of this Section.
25		However, if non-real property that does not exceed $20,000 in
26		value excluding the value of any conveyance is seized, the

HB0001 Engrossed - 155 - LRB099 00249 HEP 20254 b
1		following procedure shall be used:
2		(1) If, after review of the facts surrounding the
3		seizure, the State's Attorney is of the opinion that the
4		seized property is subject to forfeiture, then within 45
5		days after the receipt of notice of seizure from the
6		seizing agency, the State's Attorney shall cause notice of
7		pending forfeiture to be given to the owner of the property
8		and all known interest holders of the property in
9		accordance with subsection (i) of this Section.
10		(2) The notice of pending forfeiture must include a
11		description of the property, the estimated value of the
12		property, the date and place of seizure, the conduct giving
13		rise to forfeiture or the violation of law alleged, and a
14		summary of procedures and procedural rights applicable to
15		the forfeiture action.
16		(3)(A) Any person claiming an interest in property
17		which is the subject of notice under paragraph (1) of this
18		subsection (k), must, in order to preserve any rights or
19		claims to the property, within 45 days after the effective
20		date of notice as described in subsection (i) of this
21		Section, file a verified claim with the State's Attorney
22		expressing his or her interest in the property. The claim
23		must set forth:
24		(i) the caption of the proceedings as set forth on
25		the notice of pending forfeiture and the name of the
26		claimant;

HB0001 Engrossed - 156 - LRB099 00249 HEP 20254 b
1		(ii) the address at which the claimant will accept
2		mail;
3		(iii) the nature and extent of the claimant's
4		interest in the property;
5		(iv) the date, identity of the transferor, and
6		circumstances of the claimant's acquisition of the
7		interest in the property;
8		(v) the name and address of all other persons known
9		to have an interest in the property;
10		(vi) the specific provision of law relied on in
11		asserting the property is not subject to forfeiture;
12		(vii) all essential facts supporting each
13		assertion; and
14		(viii) the relief sought.
15		(B) If a claimant files the claim and deposits with the
16		State's Attorney a cost bond, in the form of a cashier's
17		check payable to the clerk of the court, in the sum of 10%
18		of the reasonable value of the property as alleged by the
19		State's Attorney or the sum of $100, whichever is greater,
20		upon condition that, in the case of forfeiture, the
21		claimant must pay all costs and expenses of forfeiture
22		proceedings, then the State's Attorney shall institute
23		judicial in rem forfeiture proceedings and deposit the cost
24		bond with the clerk of the court as described in subsection
25		(l) of this Section within 45 days after receipt of the
26		claim and cost bond. In lieu of a cost bond, a person

HB0001 Engrossed - 157 - LRB099 00249 HEP 20254 b
1		claiming interest in the seized property may file, under
2		penalty of perjury, an indigency affidavit which has been
3		approved by a circuit court judge.
4		(C) If none of the seized property is forfeited in the
5		judicial in rem proceeding, the clerk of the court shall
6		return to the claimant, unless the court orders otherwise,
7		90% of the sum which has been deposited and shall retain as
8		costs 10% of the money deposited. If any of the seized
9		property is forfeited under the judicial forfeiture
10		proceeding, the clerk of the court shall transfer 90% of
11		the sum which has been deposited to the State's Attorney
12		prosecuting the civil forfeiture to be applied to the costs
13		of prosecution and the clerk shall retain as costs 10% of
14		the sum deposited.
15		(4) If no claim is filed or bond given within the 45
16		day period as described in paragraph (3) of this subsection
17		(k), the State's Attorney shall declare the property
18		forfeited and shall promptly notify the owner and all known
19		interest holders of the property and the Director of State
20		Police of the declaration of forfeiture and the Director
21		shall dispose of the property in accordance with law.
22		(l) Judicial in rem procedures. If property seized under
23		the provisions of this Article is non-real property that
24		exceeds $20,000 in value excluding the value of any conveyance,
25		or is real property, or a claimant has filed a claim and a cost
26		bond under paragraph (3) of subsection (k) of this Section, the

HB0001 Engrossed - 158 - LRB099 00249 HEP 20254 b
1		following judicial in rem procedures shall apply:
2		(1) If, after a review of the facts surrounding the
3		seizure, the State's Attorney is of the opinion that the
4		seized property is subject to forfeiture, then within 45
5		days of the receipt of notice of seizure by the seizing
6		agency or the filing of the claim and cost bond, whichever
7		is later, the State's Attorney shall institute judicial
8		forfeiture proceedings by filing a verified complaint for
9		forfeiture and, if the claimant has filed a claim and cost
10		bond, by depositing the cost bond with the clerk of the
11		court. When authorized by law, a forfeiture must be ordered
12		by a court on an action in rem brought by a State's
13		Attorney under a verified complaint for forfeiture.
14		(2) During the probable cause portion of the judicial
15		in rem proceeding wherein the State presents its
16		case-in-chief, the court must receive and consider, among
17		other things, all relevant hearsay evidence and
18		information. The laws of evidence relating to civil actions
19		apply to all other portions of the judicial in rem
20		proceeding.
21		(3) Only an owner of or interest holder in the property
22		may file an answer asserting a claim against the property
23		in the action in rem. For purposes of this Section, the
24		owner or interest holder shall be referred to as claimant.
25		Upon motion of the State, the court shall first hold a
26		hearing, wherein any claimant must establish by a

HB0001 Engrossed - 159 - LRB099 00249 HEP 20254 b
1		preponderance of the evidence, that he or she has a lawful,
2		legitimate ownership interest in the property and that it
3		was obtained through a lawful source.
4		(4) The answer must be signed by the owner or interest
5		holder under penalty of perjury and must set forth:
6		(A) the caption of the proceedings as set forth on
7		the notice of pending forfeiture and the name of the
8		claimant;
9		(B) the address at which the claimant will accept
10		mail;
11		(C) the nature and extent of the claimant's
12		interest in the property;
13		(D) the date, identity of transferor, and
14		circumstances of the claimant's acquisition of the
15		interest in the property;
16		(E) the name and address of all other persons known
17		to have an interest in the property;
18		(F) all essential facts supporting each assertion;
19		and
20		(G) the precise relief sought.
21		(5) The answer must be filed with the court within 45
22		days after service of the civil in rem complaint.
23		(6) The hearing must be held within 60 days after
24		filing of the answer unless continued for good cause.
25		(7) The State shall show the existence of probable
26		cause for forfeiture of the property. If the State shows

HB0001 Engrossed - 160 - LRB099 00249 HEP 20254 b
1		probable cause, the claimant has the burden of showing by a
2		preponderance of the evidence that the claimant's interest
3		in the property is not subject to forfeiture.
4		(8) If the State does not show existence of probable
5		cause, the court shall order the interest in the property
6		returned or conveyed to the claimant and shall order all
7		other property forfeited to the State. If the State does
8		show existence of probable cause, the court shall order all
9		property forfeited to the State.
10		(9) A defendant convicted in any criminal proceeding is
11		precluded from later denying the essential allegations of
12		the criminal offense of which the defendant was convicted
13		in any proceeding under this Article regardless of the
14		pendency of an appeal from that conviction. However,
15		evidence of the pendency of an appeal is admissible.
16		(10) An acquittal or dismissal in a criminal proceeding
17		does not preclude civil proceedings under this Article;
18		however, for good cause shown, on a motion by the State's
19		Attorney, the court may stay civil forfeiture proceedings
20		during the criminal trial for a related criminal indictment
21		or information alleging a money laundering violation. Such
22		a stay shall not be available pending an appeal. Property
23		subject to forfeiture under this Article shall not be
24		subject to return or release by a court exercising
25		jurisdiction over a criminal case involving the seizure of
26		such property unless such return or release is consented to

HB0001 Engrossed - 161 - LRB099 00249 HEP 20254 b
1		by the State's Attorney.
2		(11) All property declared forfeited under this
3		Article vests in this State on the commission of the
4		conduct giving rise to forfeiture together with the
5		proceeds of the property after that time. Any such property
6		or proceeds subsequently transferred to any person remain
7		subject to forfeiture and thereafter shall be ordered
8		forfeited.
9		(12) A civil action under this Article must be
10		commenced within 5 years after the last conduct giving rise
11		to forfeiture became known or should have become known or 5
12		years after the forfeitable property is discovered,
13		whichever is later, excluding any time during which either
14		the property or claimant is out of the State or in
15		confinement or during which criminal proceedings relating
16		to the same conduct are in progress.
17		(m) Stay of time periods. If property is seized for
18		evidence and for forfeiture, the time periods for instituting
19		judicial and non-judicial forfeiture proceedings shall not
20		begin until the property is no longer necessary for evidence.
21		(n) Settlement of claims. Notwithstanding other provisions
22		of this Article, the State's Attorney and a claimant of seized
23		property may enter into an agreed-upon settlement concerning
24		the seized property in such an amount and upon such terms as
25		are set out in writing in a settlement agreement.
26		(o) Property constituting attorney fees. Nothing in this

HB0001 Engrossed - 162 - LRB099 00249 HEP 20254 b
1		Article applies to property which constitutes reasonable bona
2		fide attorney's fees paid to an attorney for services rendered
3		or to be rendered in the forfeiture proceeding or criminal
4		proceeding relating directly thereto where such property was
5		paid before its seizure, before the issuance of any seizure
6		warrant or court order prohibiting transfer of the property and
7		where the attorney, at the time he or she received the property
8		did not know that it was property subject to forfeiture under
9		this Article.
10		(p) Construction. It is the intent of the General Assembly
11		that the forfeiture provisions of this Article be liberally
12		construed so as to effect their remedial purpose. The
13		forfeiture of property and other remedies hereunder shall be
14		considered to be in addition to, and not exclusive of, any
15		sentence or other remedy provided by law.
16		(q) Judicial review. If property has been declared
17		forfeited under subsection (k) of this Section, any person who
18		has an interest in the property declared forfeited may, within
19		30 days after the effective date of the notice of the
20		declaration of forfeiture, file a claim and cost bond as
21		described in paragraph (3) of subsection (k) of this Section.
22		If a claim and cost bond is filed under this Section, then the
23		procedures described in subsection (l) of this Section apply.
24		(r) Burden of proof of exemption or exception. It is not
25		necessary for the State to negate any exemption or exception in
26		this Article in any complaint, information, indictment or other

HB0001 Engrossed - 163 - LRB099 00249 HEP 20254 b
1		pleading or in any trial, hearing, or other proceeding under
2		this Article. The burden of proof of any exemption or exception
3		is upon the person claiming it.
4		(s) Review of administrative decisions. All administrative
5		findings, rulings, final determinations, findings, and
6		conclusions of the State's Attorney's Office under this Article
7		are final and conclusive decisions of the matters involved. Any
8		person aggrieved by the decision may obtain review of the
9		decision pursuant to the provisions of the Administrative
10		Review Law and the rules adopted pursuant to that Law. Pending
11		final decision on such review, the administrative acts, orders,
12		and rulings of the State's Attorney's Office remain in full
13		force and effect unless modified or suspended by order of court
14		pending final judicial decision. Pending final decision on such
15		review, the acts, orders, and rulings of the State's Attorney's
16		Office remain in full force and effect, unless stayed by order
17		of court. However, no stay of any decision of the
18		administrative agency shall issue unless the person aggrieved
19		by the decision establishes by a preponderance of the evidence
20		that good cause exists for the stay. In determining good cause,
21		the court shall find that the aggrieved party has established a
22		substantial likelihood of prevailing on the merits and that
23		granting the stay will not have an injurious effect on the
24		general public.
25		(Source: P.A. 96-275, eff. 8-11-09; 96-710, eff. 1-1-10;
26		96-1000, eff. 7-2-10; 96-1234, eff. 7-23-10.)

HB0001 Engrossed - 164 - LRB099 00249 HEP 20254 b
1		Section 5-95. The Cannabis Control Act is amended by
2		changing Section 10 as follows:
3		(720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
4		Sec. 10. (a) Whenever any person who has not previously
5		been convicted of, or placed on probation or court supervision
6		for, any offense under this Act or any law of the United States
7		or of any State relating to cannabis, or controlled substances
8		as defined in the Illinois Controlled Substances Act, pleads
9		guilty to or is found guilty of violating Sections 4(a), 4(b),
10		4(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without
11		entering a judgment and with the consent of such person,
12		sentence him to probation.
13		(b) When a person is placed on probation, the court shall
14		enter an order specifying a period of probation of 24 months,
15		and shall defer further proceedings in the case until the
16		conclusion of the period or until the filing of a petition
17		alleging violation of a term or condition of probation.
18		(c) The conditions of probation shall be that the person:
19		(1) not violate any criminal statute of any jurisdiction; (2)
20		refrain from possession of a firearm or other dangerous weapon;
21		(3) submit to periodic drug testing at a time and in a manner
22		as ordered by the court, but no less than 3 times during the
23		period of the probation, with the cost of the testing to be
24		paid by the probationer; and (4) perform no less than 30 hours

HB0001 Engrossed - 165 - LRB099 00249 HEP 20254 b
1		of community service, provided community service is available
2		in the jurisdiction and is funded and approved by the county
3		board.
4		(d) The court may, in addition to other conditions, require
5		that the person:
6		(1) make a report to and appear in person before or
7		participate with the court or such courts, person, or
8		social service agency as directed by the court in the order
9		of probation;
10		(2) pay a fine and costs;
11		(3) work or pursue a course of study or vocational
12		training;
13		(4) undergo medical or psychiatric treatment; or
14		treatment for drug addiction or alcoholism;
15		(5) attend or reside in a facility established for the
16		instruction or residence of defendants on probation;
17		(6) support his dependents;
18		(7) refrain from possessing a firearm or other
19		dangerous weapon;
20		(7-5) refrain from having in his or her body the
21		presence of any illicit drug prohibited by the Cannabis
22		Control Act, the Illinois Controlled Substances Act, or the
23		Methamphetamine Control and Community Protection Act,
24		unless prescribed by a physician, and submit samples of his
25		or her blood or urine or both for tests to determine the
26		presence of any illicit drug;

HB0001 Engrossed - 166 - LRB099 00249 HEP 20254 b
1		(8) and in addition, if a minor:
2		(i) reside with his parents or in a foster home;
3		(ii) attend school;
4		(iii) attend a non-residential program for youth;
5		(iv) contribute to his own support at home or in a
6		foster home.
7		(e) Upon violation of a term or condition of probation, the
8		court may enter a judgment on its original finding of guilt and
9		proceed as otherwise provided.
10		(f) Upon fulfillment of the terms and conditions of
11		probation, the court shall discharge such person and dismiss
12		the proceedings against him.
13		(g) A disposition of probation is considered to be a
14		conviction for the purposes of imposing the conditions of
15		probation and for appeal, however, discharge and dismissal
16		under this Section is not a conviction for purposes of
17		disqualification or disabilities imposed by law upon
18		conviction of a crime (including the additional penalty imposed
19		for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
20		of this Act).
21		(h) Discharge and dismissal under this Section, Section 410
22		of the Illinois Controlled Substances Act, Section 70 of the
23		Methamphetamine Control and Community Protection Act, Section
24		5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or
25		subsection (c) of Section 11-14 of the Criminal Code of 1961 or
26		the Criminal Code of 2012 may occur only once with respect to

HB0001 Engrossed - 167 - LRB099 00249 HEP 20254 b
1		any person.
2		(i) If a person is convicted of an offense under this Act,
3		the Illinois Controlled Substances Act, or the Methamphetamine
4		Control and Community Protection Act within 5 years subsequent
5		to a discharge and dismissal under this Section, the discharge
6		and dismissal under this Section shall be admissible in the
7		sentencing proceeding for that conviction as a factor in
8		aggravation.
9		(j) Notwithstanding subsection (a), before a person is
10		sentenced to probation under this Section, the court may refer
11		the person to the drug court established in that judicial
12		circuit pursuant to Section 15 of the Drug Court Treatment Act.
13		The drug court team shall evaluate the person's likelihood of
14		successfully completing a sentence of probation under this
15		Section and shall report the results of its evaluation to the
16		court. If the drug court team finds that the person suffers
17		from a substance abuse problem that makes him or her
18		substantially unlikely to successfully complete a sentence of
19		probation under this Section, then the drug court shall set
20		forth its findings in the form of a written order, and the
21		person shall not be sentenced to probation under this Section,
22		but may be considered for the drug court program.
23		(Source: P.A. 97-1118, eff. 1-1-13; 97-1150, eff. 1-25-13;
24		98-164, eff. 1-1-14.)
25		Section 5-100. The Illinois Controlled Substances Act is

HB0001 Engrossed - 168 - LRB099 00249 HEP 20254 b
1		amended by changing Sections 102, 301, 312, 314.5, 316, 317,
2		318, 319, 320, 406, and 410 as follows:
3		(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
4		Sec. 102. Definitions. As used in this Act, unless the
5		context otherwise requires:
6		(a) "Addict" means any person who habitually uses any drug,
7		chemical, substance or dangerous drug other than alcohol so as
8		to endanger the public morals, health, safety or welfare or who
9		is so far addicted to the use of a dangerous drug or controlled
10		substance other than alcohol as to have lost the power of self
11		control with reference to his or her addiction.
12		(b) "Administer" means the direct application of a
13		controlled substance, whether by injection, inhalation,
14		ingestion, or any other means, to the body of a patient,
15		research subject, or animal (as defined by the Humane
16		Euthanasia in Animal Shelters Act) by:
17		(1) a practitioner (or, in his or her presence, by his
18		or her authorized agent),
19		(2) the patient or research subject pursuant to an
20		order, or
21		(3) a euthanasia technician as defined by the Humane
22		Euthanasia in Animal Shelters Act.
23		(c) "Agent" means an authorized person who acts on behalf
24		of or at the direction of a manufacturer, distributor,
25		dispenser, prescriber, or practitioner. It does not include a

HB0001 Engrossed - 169 - LRB099 00249 HEP 20254 b
1		common or contract carrier, public warehouseman or employee of
2		the carrier or warehouseman.
3		(c-1) "Anabolic Steroids" means any drug or hormonal
4		substance, chemically and pharmacologically related to
5		testosterone (other than estrogens, progestins,
6		corticosteroids, and dehydroepiandrosterone), and includes:
7		(i) 3[beta],17-dihydroxy-5a-androstane,
8		(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
9		(iii) 5[alpha]-androstan-3,17-dione,
10		(iv) 1-androstenediol (3[beta],
11		17[beta]-dihydroxy-5[alpha]-androst-1-ene),
12		(v) 1-androstenediol (3[alpha],
13		17[beta]-dihydroxy-5[alpha]-androst-1-ene),
14		(vi) 4-androstenediol
15		(3[beta],17[beta]-dihydroxy-androst-4-ene),
16		(vii) 5-androstenediol
17		(3[beta],17[beta]-dihydroxy-androst-5-ene),
18		(viii) 1-androstenedione
19		([5alpha]-androst-1-en-3,17-dione),
20		(ix) 4-androstenedione
21		(androst-4-en-3,17-dione),
22		(x) 5-androstenedione
23		(androst-5-en-3,17-dione),
24		(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
25		hydroxyandrost-4-en-3-one),
26		(xii) boldenone (17[beta]-hydroxyandrost-

HB0001 Engrossed - 170 - LRB099 00249 HEP 20254 b
1		1,4,-diene-3-one),
2		(xiii) boldione (androsta-1,4-
3		diene-3,17-dione),
4		(xiv) calusterone (7[beta],17[alpha]-dimethyl-17
5		[beta]-hydroxyandrost-4-en-3-one),
6		(xv) clostebol (4-chloro-17[beta]-
7		hydroxyandrost-4-en-3-one),
8		(xvi) dehydrochloromethyltestosterone (4-chloro-
9		17[beta]-hydroxy-17[alpha]-methyl-
10		androst-1,4-dien-3-one),
11		(xvii) desoxymethyltestosterone
12		(17[alpha]-methyl-5[alpha]
13		-androst-2-en-17[beta]-ol)(a.k.a., madol),
14		(xviii) [delta]1-dihydrotestosterone (a.k.a.
15		'1-testosterone') (17[beta]-hydroxy-
16		5[alpha]-androst-1-en-3-one),
17		(xix) 4-dihydrotestosterone (17[beta]-hydroxy-
18		androstan-3-one),
19		(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
20		5[alpha]-androstan-3-one),
21		(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
22		hydroxyestr-4-ene),
23		(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
24		1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
25		(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
26		17[beta]-dihydroxyandrost-1,4-dien-3-one),

HB0001 Engrossed - 171 - LRB099 00249 HEP 20254 b
1		(xxiv) furazabol (17[alpha]-methyl-17[beta]-
2		hydroxyandrostano[2,3-c]-furazan),
3		(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one)
4		(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
5		androst-4-en-3-one),
6		(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
7		dihydroxy-estr-4-en-3-one),
8		(xxviii) mestanolone (17[alpha]-methyl-17[beta]-
9		hydroxy-5-androstan-3-one),
10		(xxix) mesterolone (1amethyl-17[beta]-hydroxy-
11		[5a]-androstan-3-one),
12		(xxx) methandienone (17[alpha]-methyl-17[beta]-
13		hydroxyandrost-1,4-dien-3-one),
14		(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
15		dihydroxyandrost-5-ene),
16		(xxxii) methenolone (1-methyl-17[beta]-hydroxy-
17		5[alpha]-androst-1-en-3-one),
18		(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
19		dihydroxy-5a-androstane),
20		(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
21		-5a-androstane),
22		(xxxv) 17[alpha]-methyl-3[beta],17[beta]-
23		dihydroxyandrost-4-ene),
24		(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
25		methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
26		(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-

HB0001 Engrossed - 172 - LRB099 00249 HEP 20254 b
1		hydroxyestra-4,9(10)-dien-3-one),
2		(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
3		hydroxyestra-4,9-11-trien-3-one),
4		(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
5		hydroxyandrost-4-en-3-one),
6		(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
7		hydroxyestr-4-en-3-one),
8		(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
9		(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
10		androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
11		1-testosterone'),
12		(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
13		(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
14		dihydroxyestr-4-ene),
15		(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
16		dihydroxyestr-4-ene),
17		(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
18		dihydroxyestr-5-ene),
19		(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
20		dihydroxyestr-5-ene),
21		(xlvii) 19-nor-4,9(10)-androstadienedione
22		(estra-4,9(10)-diene-3,17-dione),
23		(xlviii) 19-nor-4-androstenedione (estr-4-
24		en-3,17-dione),
25		(xlix) 19-nor-5-androstenedione (estr-5-
26		en-3,17-dione),

HB0001 Engrossed - 173 - LRB099 00249 HEP 20254 b
1		(l) norbolethone (13[beta], 17a-diethyl-17[beta]-
2		hydroxygon-4-en-3-one),
3		(li) norclostebol (4-chloro-17[beta]-
4		hydroxyestr-4-en-3-one),
5		(lii) norethandrolone (17[alpha]-ethyl-17[beta]-
6		hydroxyestr-4-en-3-one),
7		(liii) normethandrolone (17[alpha]-methyl-17[beta]-
8		hydroxyestr-4-en-3-one),
9		(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
10		2-oxa-5[alpha]-androstan-3-one),
11		(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
12		dihydroxyandrost-4-en-3-one),
13		(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
14		17[beta]-hydroxy-(5[alpha]-androstan-3-one),
15		(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
16		(5[alpha]-androst-2-eno[3,2-c]-pyrazole),
17		(lviii) stenbolone (17[beta]-hydroxy-2-methyl-
18		(5[alpha]-androst-1-en-3-one),
19		(lix) testolactone (13-hydroxy-3-oxo-13,17-
20		secoandrosta-1,4-dien-17-oic
21		acid lactone),
22		(lx) testosterone (17[beta]-hydroxyandrost-
23		4-en-3-one),
24		(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
25		diethyl-17[beta]-hydroxygon-
26		4,9,11-trien-3-one),

HB0001 Engrossed - 174 - LRB099 00249 HEP 20254 b
1		(lxii) trenbolone (17[beta]-hydroxyestr-4,9,
2		11-trien-3-one).
3		Any person who is otherwise lawfully in possession of an
4		anabolic steroid, or who otherwise lawfully manufactures,
5		distributes, dispenses, delivers, or possesses with intent to
6		deliver an anabolic steroid, which anabolic steroid is
7		expressly intended for and lawfully allowed to be administered
8		through implants to livestock or other nonhuman species, and
9		which is approved by the Secretary of Health and Human Services
10		for such administration, and which the person intends to
11		administer or have administered through such implants, shall
12		not be considered to be in unauthorized possession or to
13		unlawfully manufacture, distribute, dispense, deliver, or
14		possess with intent to deliver such anabolic steroid for
15		purposes of this Act.
16		(d) "Administration" means the Drug Enforcement
17		Administration, United States Department of Justice, or its
18		successor agency.
19		(d-5) "Clinical Director, Prescription Monitoring Program"
20		means a Department of Human Services administrative employee
21		licensed to either prescribe or dispense controlled substances
22		who shall run the clinical aspects of the Department of Human
23		Services Prescription Monitoring Program and its Prescription
24		Information Library.
25		(d-10) "Compounding" means the preparation and mixing of
26		components, excluding flavorings, (1) as the result of a

HB0001 Engrossed - 175 - LRB099 00249 HEP 20254 b
1		prescriber's prescription drug order or initiative based on the
2		prescriber-patient-pharmacist relationship in the course of
3		professional practice or (2) for the purpose of, or incident
4		to, research, teaching, or chemical analysis and not for sale
5		or dispensing. "Compounding" includes the preparation of drugs
6		or devices in anticipation of receiving prescription drug
7		orders based on routine, regularly observed dispensing
8		patterns. Commercially available products may be compounded
9		for dispensing to individual patients only if both of the
10		following conditions are met: (i) the commercial product is not
11		reasonably available from normal distribution channels in a
12		timely manner to meet the patient's needs and (ii) the
13		prescribing practitioner has requested that the drug be
14		compounded.
15		(e) "Control" means to add a drug or other substance, or
16		immediate precursor, to a Schedule whether by transfer from
17		another Schedule or otherwise.
18		(f) "Controlled Substance" means (i) a drug, substance, or
19		immediate precursor in the Schedules of Article II of this Act
20		or (ii) a drug or other substance, or immediate precursor,
21		designated as a controlled substance by the Department through
22		administrative rule. The term does not include distilled
23		spirits, wine, malt beverages, or tobacco, as those terms are
24		defined or used in the Liquor Control Act of 1934 and the
25		Tobacco Products Tax Act of 1995.
26		(f-5) "Controlled substance analog" means a substance:

HB0001 Engrossed - 176 - LRB099 00249 HEP 20254 b
1		(1) the chemical structure of which is substantially
2		similar to the chemical structure of a controlled substance
3		in Schedule I or II;
4		(2) which has a stimulant, depressant, or
5		hallucinogenic effect on the central nervous system that is
6		substantially similar to or greater than the stimulant,
7		depressant, or hallucinogenic effect on the central
8		nervous system of a controlled substance in Schedule I or
9		II; or
10		(3) with respect to a particular person, which such
11		person represents or intends to have a stimulant,
12		depressant, or hallucinogenic effect on the central
13		nervous system that is substantially similar to or greater
14		than the stimulant, depressant, or hallucinogenic effect
15		on the central nervous system of a controlled substance in
16		Schedule I or II.
17		(g) "Counterfeit substance" means a controlled substance,
18		which, or the container or labeling of which, without
19		authorization bears the trademark, trade name, or other
20		identifying mark, imprint, number or device, or any likeness
21		thereof, of a manufacturer, distributor, or dispenser other
22		than the person who in fact manufactured, distributed, or
23		dispensed the substance.
24		(h) "Deliver" or "delivery" means the actual, constructive
25		or attempted transfer of possession of a controlled substance,
26		with or without consideration, whether or not there is an

HB0001 Engrossed - 177 - LRB099 00249 HEP 20254 b
1		agency relationship.
2		(i) "Department" means the Illinois Department of Human
3		Services (as successor to the Department of Alcoholism and
4		Substance Abuse) or its successor agency.
5		(j) (Blank).
6		(k) "Department of Corrections" means the Department of
7		Corrections of the State of Illinois or its successor agency.
8		(l) "Department of Financial and Professional Regulation"
9		means the Department of Financial and Professional Regulation
10		of the State of Illinois or its successor agency.
11		(m) "Depressant" means any drug that (i) causes an overall
12		depression of central nervous system functions, (ii) causes
13		impaired consciousness and awareness, and (iii) can be
14		habit-forming or lead to a substance abuse problem, including
15		but not limited to alcohol, cannabis and its active principles
16		and their analogs, benzodiazepines and their analogs,
17		barbiturates and their analogs, opioids (natural and
18		synthetic) and their analogs, and chloral hydrate and similar
19		sedative hypnotics.
20		(n) (Blank).
21		(o) "Director" means the Director of the Illinois State
22		Police or his or her designated agents.
23		(p) "Dispense" means to deliver a controlled substance to
24		an ultimate user or research subject by or pursuant to the
25		lawful order of a prescriber, including the prescribing,
26		administering, packaging, labeling, or compounding necessary

HB0001 Engrossed - 178 - LRB099 00249 HEP 20254 b
1		to prepare the substance for that delivery.
2		(q) "Dispenser" means a practitioner who dispenses.
3		(r) "Distribute" means to deliver, other than by
4		administering or dispensing, a controlled substance.
5		(s) "Distributor" means a person who distributes.
6		(t) "Drug" means (1) substances recognized as drugs in the
7		official United States Pharmacopoeia, Official Homeopathic
8		Pharmacopoeia of the United States, or official National
9		Formulary, or any supplement to any of them; (2) substances
10		intended for use in diagnosis, cure, mitigation, treatment, or
11		prevention of disease in man or animals; (3) substances (other
12		than food) intended to affect the structure of any function of
13		the body of man or animals and (4) substances intended for use
14		as a component of any article specified in clause (1), (2), or
15		(3) of this subsection. It does not include devices or their
16		components, parts, or accessories.
17		(t-3) "Electronic health record" or "EHR" means an
18		electronic record of health-related information on an
19		individual that is created, gathered, managed, and consulted by
20		authorized health care clinicians and staff.
21		(t-5) "Euthanasia agency" means an entity certified by the
22		Department of Financial and Professional Regulation for the
23		purpose of animal euthanasia that holds an animal control
24		facility license or animal shelter license under the Animal
25		Welfare Act. A euthanasia agency is authorized to purchase,
26		store, possess, and utilize Schedule II nonnarcotic and

HB0001 Engrossed - 179 - LRB099 00249 HEP 20254 b
1		Schedule III nonnarcotic drugs for the sole purpose of animal
2		euthanasia.
3		(t-10) "Euthanasia drugs" means Schedule II or Schedule III
4		substances (nonnarcotic controlled substances) that are used
5		by a euthanasia agency for the purpose of animal euthanasia.
6		(u) "Good faith" means the prescribing or dispensing of a
7		controlled substance by a practitioner in the regular course of
8		professional treatment to or for any person who is under his or
9		her treatment for a pathology or condition other than that
10		individual's physical or psychological dependence upon or
11		addiction to a controlled substance, except as provided herein:
12		and application of the term to a pharmacist shall mean the
13		dispensing of a controlled substance pursuant to the
14		prescriber's order which in the professional judgment of the
15		pharmacist is lawful. The pharmacist shall be guided by
16		accepted professional standards including, but not limited to
17		the following, in making the judgment:
18		(1) lack of consistency of prescriber-patient
19		relationship,
20		(2) frequency of prescriptions for same drug by one
21		prescriber for large numbers of patients,
22		(3) quantities beyond those normally prescribed,
23		(4) unusual dosages (recognizing that there may be
24		clinical circumstances where more or less than the usual
25		dose may be used legitimately),
26		(5) unusual geographic distances between patient,

HB0001 Engrossed - 180 - LRB099 00249 HEP 20254 b
1		pharmacist and prescriber,
2		(6) consistent prescribing of habit-forming drugs.
3		(u-0.5) "Hallucinogen" means a drug that causes markedly
4		altered sensory perception leading to hallucinations of any
5		type.
6		(u-1) "Home infusion services" means services provided by a
7		pharmacy in compounding solutions for direct administration to
8		a patient in a private residence, long-term care facility, or
9		hospice setting by means of parenteral, intravenous,
10		intramuscular, subcutaneous, or intraspinal infusion.
11		(u-5) "Illinois State Police" means the State Police of the
12		State of Illinois, or its successor agency.
13		(v) "Immediate precursor" means a substance:
14		(1) which the Department has found to be and by rule
15		designated as being a principal compound used, or produced
16		primarily for use, in the manufacture of a controlled
17		substance;
18		(2) which is an immediate chemical intermediary used or
19		likely to be used in the manufacture of such controlled
20		substance; and
21		(3) the control of which is necessary to prevent,
22		curtail or limit the manufacture of such controlled
23		substance.
24		(w) "Instructional activities" means the acts of teaching,
25		educating or instructing by practitioners using controlled
26		substances within educational facilities approved by the State

HB0001 Engrossed - 181 - LRB099 00249 HEP 20254 b
1		Board of Education or its successor agency.
2		(x) "Local authorities" means a duly organized State,
3		County or Municipal peace unit or police force.
4		(y) "Look-alike substance" means a substance, other than a
5		controlled substance which (1) by overall dosage unit
6		appearance, including shape, color, size, markings or lack
7		thereof, taste, consistency, or any other identifying physical
8		characteristic of the substance, would lead a reasonable person
9		to believe that the substance is a controlled substance, or (2)
10		is expressly or impliedly represented to be a controlled
11		substance or is distributed under circumstances which would
12		lead a reasonable person to believe that the substance is a
13		controlled substance. For the purpose of determining whether
14		the representations made or the circumstances of the
15		distribution would lead a reasonable person to believe the
16		substance to be a controlled substance under this clause (2) of
17		subsection (y), the court or other authority may consider the
18		following factors in addition to any other factor that may be
19		relevant:
20		(a) statements made by the owner or person in control
21		of the substance concerning its nature, use or effect;
22		(b) statements made to the buyer or recipient that the
23		substance may be resold for profit;
24		(c) whether the substance is packaged in a manner
25		normally used for the illegal distribution of controlled
26		substances;

HB0001 Engrossed - 182 - LRB099 00249 HEP 20254 b
1		(d) whether the distribution or attempted distribution
2		included an exchange of or demand for money or other
3		property as consideration, and whether the amount of the
4		consideration was substantially greater than the
5		reasonable retail market value of the substance.
6		Clause (1) of this subsection (y) shall not apply to a
7		noncontrolled substance in its finished dosage form that was
8		initially introduced into commerce prior to the initial
9		introduction into commerce of a controlled substance in its
10		finished dosage form which it may substantially resemble.
11		Nothing in this subsection (y) prohibits the dispensing or
12		distributing of noncontrolled substances by persons authorized
13		to dispense and distribute controlled substances under this
14		Act, provided that such action would be deemed to be carried
15		out in good faith under subsection (u) if the substances
16		involved were controlled substances.
17		Nothing in this subsection (y) or in this Act prohibits the
18		manufacture, preparation, propagation, compounding,
19		processing, packaging, advertising or distribution of a drug or
20		drugs by any person registered pursuant to Section 510 of the
21		Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
22		(y-1) "Mail-order pharmacy" means a pharmacy that is
23		located in a state of the United States that delivers,
24		dispenses or distributes, through the United States Postal
25		Service or other common carrier, to Illinois residents, any
26		substance which requires a prescription.

HB0001 Engrossed - 183 - LRB099 00249 HEP 20254 b
1		(z) "Manufacture" means the production, preparation,
2		propagation, compounding, conversion or processing of a
3		controlled substance other than methamphetamine, either
4		directly or indirectly, by extraction from substances of
5		natural origin, or independently by means of chemical
6		synthesis, or by a combination of extraction and chemical
7		synthesis, and includes any packaging or repackaging of the
8		substance or labeling of its container, except that this term
9		does not include:
10		(1) by an ultimate user, the preparation or compounding
11		of a controlled substance for his or her own use; or
12		(2) by a practitioner, or his or her authorized agent
13		under his or her supervision, the preparation,
14		compounding, packaging, or labeling of a controlled
15		substance:
16		(a) as an incident to his or her administering or
17		dispensing of a controlled substance in the course of
18		his or her professional practice; or
19		(b) as an incident to lawful research, teaching or
20		chemical analysis and not for sale.
21		(z-1) (Blank).
22		(z-5) "Medication shopping" means the conduct prohibited
23		under subsection (a) of Section 314.5 of this Act.
24		(z-10) "Mid-level practitioner" means (i) a physician
25		assistant who has been delegated authority to prescribe through
26		a written delegation of authority by a physician licensed to

HB0001 Engrossed - 184 - LRB099 00249 HEP 20254 b
1		practice medicine in all of its branches, in accordance with
2		Section 7.5 of the Physician Assistant Practice Act of 1987,
3		(ii) an advanced practice nurse who has been delegated
4		authority to prescribe through a written delegation of
5		authority by a physician licensed to practice medicine in all
6		of its branches or by a podiatric physician, in accordance with
7		Section 65-40 of the Nurse Practice Act, (iii) an animal
8		euthanasia agency, or (iv) a prescribing psychologist.
9		(aa) "Narcotic drug" means any of the following, whether
10		produced directly or indirectly by extraction from substances
11		of vegetable origin, or independently by means of chemical
12		synthesis, or by a combination of extraction and chemical
13		synthesis:
14		(1) opium, opiates, derivatives of opium and opiates,
15		including their isomers, esters, ethers, salts, and salts
16		of isomers, esters, and ethers, whenever the existence of
17		such isomers, esters, ethers, and salts is possible within
18		the specific chemical designation; however the term
19		"narcotic drug" does not include the isoquinoline
20		alkaloids of opium;
21		(2) (blank);
22		(3) opium poppy and poppy straw;
23		(4) coca leaves, except coca leaves and extracts of
24		coca leaves from which substantially all of the cocaine and
25		ecgonine, and their isomers, derivatives and salts, have
26		been removed;

HB0001 Engrossed - 185 - LRB099 00249 HEP 20254 b
1		(5) cocaine, its salts, optical and geometric isomers,
2		and salts of isomers;
3		(6) ecgonine, its derivatives, their salts, isomers,
4		and salts of isomers;
5		(7) any compound, mixture, or preparation which
6		contains any quantity of any of the substances referred to
7		in subparagraphs (1) through (6).
8		(bb) "Nurse" means a registered nurse licensed under the
9		Nurse Practice Act.
10		(cc) (Blank).
11		(dd) "Opiate" means any substance having an addiction
12		forming or addiction sustaining liability similar to morphine
13		or being capable of conversion into a drug having addiction
14		forming or addiction sustaining liability.
15		(ee) "Opium poppy" means the plant of the species Papaver
16		somniferum L., except its seeds.
17		(ee-5) "Oral dosage" means a tablet, capsule, elixir, or
18		solution or other liquid form of medication intended for
19		administration by mouth, but the term does not include a form
20		of medication intended for buccal, sublingual, or transmucosal
21		administration.
22		(ff) "Parole and Pardon Board" means the Parole and Pardon
23		Board of the State of Illinois or its successor agency.
24		(gg) "Person" means any individual, corporation,
25		mail-order pharmacy, government or governmental subdivision or
26		agency, business trust, estate, trust, partnership or

HB0001 Engrossed - 186 - LRB099 00249 HEP 20254 b
1		association, or any other entity.
2		(hh) "Pharmacist" means any person who holds a license or
3		certificate of registration as a registered pharmacist, a local
4		registered pharmacist or a registered assistant pharmacist
5		under the Pharmacy Practice Act.
6		(ii) "Pharmacy" means any store, ship or other place in
7		which pharmacy is authorized to be practiced under the Pharmacy
8		Practice Act.
9		(ii-5) "Pharmacy shopping" means the conduct prohibited
10		under subsection (b) of Section 314.5 of this Act.
11		(ii-10) "Physician" (except when the context otherwise
12		requires) means a person licensed to practice medicine in all
13		of its branches.
14		(jj) "Poppy straw" means all parts, except the seeds, of
15		the opium poppy, after mowing.
16		(kk) "Practitioner" means a physician licensed to practice
17		medicine in all its branches, dentist, optometrist, podiatric
18		physician, veterinarian, scientific investigator, pharmacist,
19		physician assistant, advanced practice nurse, licensed
20		practical nurse, registered nurse, hospital, laboratory, or
21		pharmacy, or other person licensed, registered, or otherwise
22		lawfully permitted by the United States or this State to
23		distribute, dispense, conduct research with respect to,
24		administer or use in teaching or chemical analysis, a
25		controlled substance in the course of professional practice or
26		research.

HB0001 Engrossed - 187 - LRB099 00249 HEP 20254 b
1		(ll) "Pre-printed prescription" means a written
2		prescription upon which the designated drug has been indicated
3		prior to the time of issuance; the term does not mean a written
4		prescription that is individually generated by machine or
5		computer in the prescriber's office.
6		(mm) "Prescriber" means a physician licensed to practice
7		medicine in all its branches, dentist, optometrist,
8		prescribing psychologist licensed under Section 4.2 of the
9		Clinical Psychologist Licensing Act with prescriptive
10		authority delegated under Section 4.3 of the Clinical
11		Psychologist Licensing Act, podiatric physician, or
12		veterinarian who issues a prescription, a physician assistant
13		who issues a prescription for a controlled substance in
14		accordance with Section 303.05, a written delegation, and a
15		written supervision agreement required under Section 7.5 of the
16		Physician Assistant Practice Act of 1987, or an advanced
17		practice nurse with prescriptive authority delegated under
18		Section 65-40 of the Nurse Practice Act and in accordance with
19		Section 303.05, a written delegation, and a written
20		collaborative agreement under Section 65-35 of the Nurse
21		Practice Act.
22		(nn) "Prescription" means a written, facsimile, or oral
23		order, or an electronic order that complies with applicable
24		federal requirements, of a physician licensed to practice
25		medicine in all its branches, dentist, podiatric physician or
26		veterinarian for any controlled substance, of an optometrist

HB0001 Engrossed - 188 - LRB099 00249 HEP 20254 b
1		for a Schedule II, III, IV, or V controlled substance in
2		accordance with Section 15.1 of the Illinois Optometric
3		Practice Act of 1987, of a prescribing psychologist licensed
4		under Section 4.2 of the Clinical Psychologist Licensing Act
5		with prescriptive authority delegated under Section 4.3 of the
6		Clinical Psychologist Licensing Act, of a physician assistant
7		for a controlled substance in accordance with Section 303.05, a
8		written delegation, and a written supervision agreement
9		required under Section 7.5 of the Physician Assistant Practice
10		Act of 1987, or of an advanced practice nurse with prescriptive
11		authority delegated under Section 65-40 of the Nurse Practice
12		Act who issues a prescription for a controlled substance in
13		accordance with Section 303.05, a written delegation, and a
14		written collaborative agreement under Section 65-35 of the
15		Nurse Practice Act when required by law.
16		(nn-5) "Prescription Information Library" (PIL) means an
17		electronic library that contains reported controlled substance
18		data.
19		(nn-10) "Prescription Monitoring Program" (PMP) means the
20		entity that collects, tracks, and stores reported data on
21		controlled substances and select drugs pursuant to Section 316.
22		(oo) "Production" or "produce" means manufacture,
23		planting, cultivating, growing, or harvesting of a controlled
24		substance other than methamphetamine.
25		(pp) "Registrant" means every person who is required to
26		register under Section 302 of this Act.

HB0001 Engrossed - 189 - LRB099 00249 HEP 20254 b
1		(qq) "Registry number" means the number assigned to each
2		person authorized to handle controlled substances under the
3		laws of the United States and of this State.
4		(qq-5) "Secretary" means, as the context requires, either
5		the Secretary of the Department or the Secretary of the
6		Department of Financial and Professional Regulation, and the
7		Secretary's designated agents.
8		(rr) "State" includes the State of Illinois and any state,
9		district, commonwealth, territory, insular possession thereof,
10		and any area subject to the legal authority of the United
11		States of America.
12		(rr-5) "Stimulant" means any drug that (i) causes an
13		overall excitation of central nervous system functions, (ii)
14		causes impaired consciousness and awareness, and (iii) can be
15		habit-forming or lead to a substance abuse problem, including
16		but not limited to amphetamines and their analogs,
17		methylphenidate and its analogs, cocaine, and phencyclidine
18		and its analogs.
19		(ss) "Ultimate user" means a person who lawfully possesses
20		a controlled substance for his or her own use or for the use of
21		a member of his or her household or for administering to an
22		animal owned by him or her or by a member of his or her
23		household.
24		(Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; 98-668,
25		eff. 6-25-14; 98-756, eff. 7-16-14; 98-1111, eff. 8-26-14;
26		revised 10-1-14.)

HB0001 Engrossed - 190 - LRB099 00249 HEP 20254 b
1		(720 ILCS 570/301) (from Ch. 56 1/2, par. 1301)
2		Sec. 301. The Department of Financial and Professional
3		Regulation shall promulgate rules and charge reasonable fees
4		and fines relating to the registration and control of the
5		manufacture, distribution, and dispensing of controlled
6		substances within this State. The Department shall request a
7		contact email address in its application for a new or renewed
8		license to dispense controlled substances. All moneys received
9		by the Department of Financial and Professional Regulation
10		under this Act shall be deposited into the respective
11		professional dedicated funds in like manner as the primary
12		professional licenses.
13		A pharmacy, manufacturer of controlled substances, or
14		wholesale distributor of controlled substances that is
15		regulated under this Act and owned and operated by the State is
16		exempt from fees required under this Act. Pharmacists and
17		pharmacy technicians working in facilities owned and operated
18		by the State are not exempt from the payment of fees required
19		by this Act and any rules adopted under this Act. Nothing in
20		this Section shall be construed to prohibit the Department of
21		Financial and Professional Regulation from imposing any fine or
22		other penalty allowed under this Act.
23		(Source: P.A. 97-334, eff. 1-1-12.)
24		(720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)

HB0001 Engrossed - 191 - LRB099 00249 HEP 20254 b
1		Sec. 312. Requirements for dispensing controlled
2		substances.
3		(a) A practitioner, in good faith, may dispense a Schedule
4		II controlled substance, which is a narcotic drug listed in
5		Section 206 of this Act; or which contains any quantity of
6		amphetamine or methamphetamine, their salts, optical isomers
7		or salts of optical isomers; phenmetrazine and its salts; or
8		pentazocine; and Schedule III, IV, or V controlled substances
9		to any person upon a written or electronic prescription of any
10		prescriber, dated and signed by the person prescribing (or
11		electronically validated in compliance with Section 311.5) on
12		the day when issued and bearing the name and address of the
13		patient for whom, or the owner of the animal for which the
14		controlled substance is dispensed, and the full name, address
15		and registry number under the laws of the United States
16		relating to controlled substances of the prescriber, if he or
17		she is required by those laws to be registered. If the
18		prescription is for an animal it shall state the species of
19		animal for which it is ordered. The practitioner filling the
20		prescription shall, unless otherwise permitted, write the date
21		of filling and his or her own signature on the face of the
22		written prescription or, alternatively, shall indicate such
23		filling using a unique identifier as defined in paragraph (v)
24		of Section 3 of the Pharmacy Practice Act. The written
25		prescription shall be retained on file by the practitioner who
26		filled it or pharmacy in which the prescription was filled for

HB0001 Engrossed - 192 - LRB099 00249 HEP 20254 b
1		a period of 2 years, so as to be readily accessible for
2		inspection or removal by any officer or employee engaged in the
3		enforcement of this Act. Whenever the practitioner's or
4		pharmacy's copy of any prescription is removed by an officer or
5		employee engaged in the enforcement of this Act, for the
6		purpose of investigation or as evidence, such officer or
7		employee shall give to the practitioner or pharmacy a receipt
8		in lieu thereof. If the specific prescription is machine or
9		computer generated and printed at the prescriber's office, the
10		date does not need to be handwritten. A prescription for a
11		Schedule II controlled substance shall not be issued for more
12		than a 30 day supply, except as provided in subsection (a-5),
13		and shall be valid for up to 90 days after the date of
14		issuance. A written prescription for Schedule III, IV or V
15		controlled substances shall not be filled or refilled more than
16		6 months after the date thereof or refilled more than 5 times
17		unless renewed, in writing, by the prescriber. A pharmacy shall
18		maintain a policy regarding the type of identification
19		necessary, if any, to receive a prescription in accordance with
20		State and federal law. The pharmacy must post such information
21		where prescriptions are filled.
22		(a-5) Physicians may issue multiple prescriptions (3
23		sequential 30-day supplies) for the same Schedule II controlled
24		substance, authorizing up to a 90-day supply. Before
25		authorizing a 90-day supply of a Schedule II controlled
26		substance, the physician must meet both of the following

HB0001 Engrossed - 193 - LRB099 00249 HEP 20254 b
1		conditions:
2		(1) Each separate prescription must be issued for a
3		legitimate medical purpose by an individual physician
4		acting in the usual course of professional practice.
5		(2) The individual physician must provide written
6		instructions on each prescription (other than the first
7		prescription, if the prescribing physician intends for the
8		prescription to be filled immediately) indicating the
9		earliest date on which a pharmacy may fill that
10		prescription.
11		(3) The physician shall document in the medical record
12		of a patient the medical necessity for the amount and
13		duration of the 3 sequential 30-day prescriptions for
14		Schedule II narcotics.
15		(b) In lieu of a written prescription required by this
16		Section, a pharmacist, in good faith, may dispense Schedule
17		III, IV, or V substances to any person either upon receiving a
18		facsimile of a written, signed prescription transmitted by the
19		prescriber or the prescriber's agent or upon a lawful oral
20		prescription of a prescriber which oral prescription shall be
21		reduced promptly to writing by the pharmacist and such written
22		memorandum thereof shall be dated on the day when such oral
23		prescription is received by the pharmacist and shall bear the
24		full name and address of the ultimate user for whom, or of the
25		owner of the animal for which the controlled substance is
26		dispensed, and the full name, address, and registry number

HB0001 Engrossed - 194 - LRB099 00249 HEP 20254 b
1		under the law of the United States relating to controlled
2		substances of the prescriber prescribing if he or she is
3		required by those laws to be so registered, and the pharmacist
4		filling such oral prescription shall write the date of filling
5		and his or her own signature on the face of such written
6		memorandum thereof. The facsimile copy of the prescription or
7		written memorandum of the oral prescription shall be retained
8		on file by the proprietor of the pharmacy in which it is filled
9		for a period of not less than two years, so as to be readily
10		accessible for inspection by any officer or employee engaged in
11		the enforcement of this Act in the same manner as a written
12		prescription. The facsimile copy of the prescription or oral
13		prescription and the written memorandum thereof shall not be
14		filled or refilled more than 6 months after the date thereof or
15		be refilled more than 5 times, unless renewed, in writing, by
16		the prescriber.
17		(c) Except for any non-prescription targeted
18		methamphetamine precursor regulated by the Methamphetamine
19		Precursor Control Act, a controlled substance included in
20		Schedule V shall not be distributed or dispensed other than for
21		a medical purpose and not for the purpose of evading this Act,
22		and then:
23		(1) only personally by a person registered to dispense
24		a Schedule V controlled substance and then only to his or
25		her patients, or
26		(2) only personally by a pharmacist, and then only to a

HB0001 Engrossed - 195 - LRB099 00249 HEP 20254 b
1		person over 21 years of age who has identified himself or
2		herself to the pharmacist by means of 2 positive documents
3		of identification.
4		(3) the dispenser shall record the name and address of
5		the purchaser, the name and quantity of the product, the
6		date and time of the sale, and the dispenser's signature.
7		(4) no person shall purchase or be dispensed more than
8		120 milliliters or more than 120 grams of any Schedule V
9		substance which contains codeine, dihydrocodeine, or any
10		salts thereof, or ethylmorphine, or any salts thereof, in
11		any 96 hour period. The purchaser shall sign a form,
12		approved by the Department of Financial and Professional
13		Regulation, attesting that he or she has not purchased any
14		Schedule V controlled substances within the immediately
15		preceding 96 hours.
16		(5) (Blank).
17		(6) all records of purchases and sales shall be
18		maintained for not less than 2 years.
19		(7) no person shall obtain or attempt to obtain within
20		any consecutive 96 hour period any Schedule V substances of
21		more than 120 milliliters or more than 120 grams containing
22		codeine, dihydrocodeine or any of its salts, or
23		ethylmorphine or any of its salts. Any person obtaining any
24		such preparations or combination of preparations in excess
25		of this limitation shall be in unlawful possession of such
26		controlled substance.

HB0001 Engrossed - 196 - LRB099 00249 HEP 20254 b
1		(8) a person qualified to dispense controlled
2		substances under this Act and registered thereunder shall
3		at no time maintain or keep in stock a quantity of Schedule
4		V controlled substances in excess of 4.5 liters for each
5		substance; a pharmacy shall at no time maintain or keep in
6		stock a quantity of Schedule V controlled substances as
7		defined in excess of 4.5 liters for each substance, plus
8		the additional quantity of controlled substances necessary
9		to fill the largest number of prescription orders filled by
10		that pharmacy for such controlled substances in any one
11		week in the previous year. These limitations shall not
12		apply to Schedule V controlled substances which Federal law
13		prohibits from being dispensed without a prescription.
14		(9) no person shall distribute or dispense butyl
15		nitrite for inhalation or other introduction into the human
16		body for euphoric or physical effect.
17		(d) Every practitioner shall keep a record or log of
18		controlled substances received by him or her and a record of
19		all such controlled substances administered, dispensed or
20		professionally used by him or her otherwise than by
21		prescription. It shall, however, be sufficient compliance with
22		this paragraph if any practitioner utilizing controlled
23		substances listed in Schedules III, IV and V shall keep a
24		record of all those substances dispensed and distributed by him
25		or her other than those controlled substances which are
26		administered by the direct application of a controlled

HB0001 Engrossed - 197 - LRB099 00249 HEP 20254 b
1		substance, whether by injection, inhalation, ingestion, or any
2		other means to the body of a patient or research subject. A
3		practitioner who dispenses, other than by administering, a
4		controlled substance in Schedule II, which is a narcotic drug
5		listed in Section 206 of this Act, or which contains any
6		quantity of amphetamine or methamphetamine, their salts,
7		optical isomers or salts of optical isomers, pentazocine, or
8		methaqualone shall do so only upon the issuance of a written
9		prescription blank or electronic prescription issued by a
10		prescriber.
11		(e) Whenever a manufacturer distributes a controlled
12		substance in a package prepared by him or her, and whenever a
13		wholesale distributor distributes a controlled substance in a
14		package prepared by him or her or the manufacturer, he or she
15		shall securely affix to each package in which that substance is
16		contained a label showing in legible English the name and
17		address of the manufacturer, the distributor and the quantity,
18		kind and form of controlled substance contained therein. No
19		person except a pharmacist and only for the purposes of filling
20		a prescription under this Act, shall alter, deface or remove
21		any label so affixed.
22		(f) Whenever a practitioner dispenses any controlled
23		substance except a non-prescription Schedule V product or a
24		non-prescription targeted methamphetamine precursor regulated
25		by the Methamphetamine Precursor Control Act, he or she shall
26		affix to the container in which such substance is sold or

HB0001 Engrossed - 198 - LRB099 00249 HEP 20254 b
1		dispensed, a label indicating the date of initial filling, the
2		practitioner's name and address, the name of the patient, the
3		name of the prescriber, the directions for use and cautionary
4		statements, if any, contained in any prescription or required
5		by law, the proprietary name or names or the established name
6		of the controlled substance, and the dosage and quantity,
7		except as otherwise authorized by regulation by the Department
8		of Financial and Professional Regulation. No person shall
9		alter, deface or remove any label so affixed as long as the
10		specific medication remains in the container.
11		(g) A person to whom or for whose use any controlled
12		substance has been prescribed or dispensed by a practitioner,
13		or other persons authorized under this Act, and the owner of
14		any animal for which such substance has been prescribed or
15		dispensed by a veterinarian, may lawfully possess such
16		substance only in the container in which it was delivered to
17		him or her by the person dispensing such substance.
18		(h) The responsibility for the proper prescribing or
19		dispensing of controlled substances that are under the
20		prescriber's direct control is upon the prescriber. The
21		responsibility for the proper filling of a prescription for
22		controlled substance drugs rests with the pharmacist. An order
23		purporting to be a prescription issued to any individual, which
24		is not in the regular course of professional treatment nor part
25		of an authorized methadone maintenance program, nor in
26		legitimate and authorized research instituted by any

HB0001 Engrossed - 199 - LRB099 00249 HEP 20254 b
1		accredited hospital, educational institution, charitable
2		foundation, or federal, state or local governmental agency, and
3		which is intended to provide that individual with controlled
4		substances sufficient to maintain that individual's or any
5		other individual's physical or psychological addiction,
6		habitual or customary use, dependence, or diversion of that
7		controlled substance is not a prescription within the meaning
8		and intent of this Act; and the person issuing it, shall be
9		subject to the penalties provided for violations of the law
10		relating to controlled substances.
11		(i) A prescriber shall not pre-print preprint or cause to
12		be pre-printed preprinted a prescription for any controlled
13		substance; nor shall any practitioner issue, fill or cause to
14		be issued or filled, a pre-printed preprinted prescription for
15		any controlled substance.
16		(i-5) A prescriber may use a machine or electronic device
17		to individually generate a printed prescription, but the
18		prescriber is still required to affix his or her manual
19		signature.
20		(j) No person shall manufacture, dispense, deliver,
21		possess with intent to deliver, prescribe, or administer or
22		cause to be administered under his or her direction any
23		anabolic steroid, for any use in humans other than the
24		treatment of disease in accordance with the order of a
25		physician licensed to practice medicine in all its branches for
26		a valid medical purpose in the course of professional practice.

HB0001 Engrossed - 200 - LRB099 00249 HEP 20254 b
1		The use of anabolic steroids for the purpose of hormonal
2		manipulation that is intended to increase muscle mass, strength
3		or weight without a medical necessity to do so, or for the
4		intended purpose of improving physical appearance or
5		performance in any form of exercise, sport, or game, is not a
6		valid medical purpose or in the course of professional
7		practice.
8		(k) Controlled substances may be mailed if all of the
9		following conditions are met:
10		(1) The controlled substances are not outwardly
11		dangerous and are not likely, of their own force, to cause
12		injury to a person's life or health.
13		(2) The inner container of a parcel containing
14		controlled substances must be marked and sealed as required
15		under this Act and its rules, and be placed in a plain
16		outer container or securely wrapped in plain paper.
17		(3) If the controlled substances consist of
18		prescription medicines, the inner container must be
19		labeled to show the name and address of the pharmacy or
20		practitioner dispensing the prescription.
21		(4) The outside wrapper or container must be free of
22		markings that would indicate the nature of the contents.
23		(Source: P.A. 96-166, eff. 1-1-10; 97-334, eff. 1-1-12; revised
24		12-10-14.)
25		(720 ILCS 570/314.5)

HB0001 Engrossed - 201 - LRB099 00249 HEP 20254 b
1		Sec. 314.5. Medication shopping; pharmacy shopping.
2		(a) It shall be unlawful for any person knowingly or
3		intentionally to fraudulently obtain or fraudulently seek to
4		obtain any controlled substance or prescription for a
5		controlled substance from a prescriber or dispenser while being
6		supplied with any controlled substance or prescription for a
7		controlled substance by another prescriber or dispenser,
8		without disclosing the fact of the existing controlled
9		substance or prescription for a controlled substance to the
10		prescriber or dispenser from whom the subsequent controlled
11		substance or prescription for a controlled substance is sought.
12		(b) It shall be unlawful for a person knowingly or
13		intentionally to fraudulently obtain or fraudulently seek to
14		obtain any controlled substance from a pharmacy while being
15		supplied with any controlled substance by another pharmacy,
16		without disclosing the fact of the existing controlled
17		substance to the pharmacy from which the subsequent controlled
18		substance is sought.
19		(c) A person may be in violation of Section 3.23 of the
20		Illinois Food, Drug and Cosmetic Act or Section 406 of this Act
21		when medication shopping or pharmacy shopping, or both.
22		(d) When a person has been identified as having 3 6 or more
23		prescribers or 3 6 or more pharmacies, or both, that do not
24		utilize a common electronic file as specified in Section 20 of
25		the Pharmacy Practice Act for controlled substances within the
26		course of a continuous 30-day period, the Prescription

HB0001 Engrossed - 202 - LRB099 00249 HEP 20254 b
1		Monitoring Program may issue an unsolicited report to the
2		prescribers, dispensers, and their designees informing them of
3		the potential medication shopping.
4		(e) Nothing in this Section shall be construed to create a
5		requirement that any prescriber, dispenser, or pharmacist
6		request any patient medication disclosure, report any patient
7		activity, or prescribe or refuse to prescribe or dispense any
8		medications.
9		(f) This Section shall not be construed to apply to
10		inpatients or residents at hospitals or other institutions or
11		to institutional pharmacies.
12		(g) Any patient feedback, including grades, ratings, or
13		written or verbal statements, in opposition to a clinical
14		decision that the prescription of a controlled substance is not
15		medically necessary shall not be the basis of any adverse
16		action, evaluation, or any other type of negative
17		credentialing, contracting, licensure, or employment action
18		taken against a prescriber or dispenser.
19		(Source: P.A. 97-334, eff. 1-1-12.)
20		(720 ILCS 570/316)
21		Sec. 316. Prescription monitoring program.
22		(a) The Department must provide for a prescription
23		monitoring program for Schedule II, III, IV, and V controlled
24		substances that includes the following components and
25		requirements:

HB0001 Engrossed - 203 - LRB099 00249 HEP 20254 b
1		(1) The dispenser must transmit to the central
2		repository, in a form and manner specified by the
3		Department, the following information:
4		(A) The recipient's name and address.
5		(B) The recipient's date of birth and gender
6		address.
7		(C) The national drug code number of the controlled
8		substance dispensed.
9		(D) The date the controlled substance is
10		dispensed.
11		(E) The quantity of the controlled substance
12		dispensed and days supply.
13		(F) The dispenser's United States Drug Enforcement
14		Administration registration number.
15		(G) The prescriber's United States Drug
16		Enforcement Administration registration number.
17		(H) The dates the controlled substance
18		prescription is filled.
19		(I) The payment type used to purchase the
20		controlled substance (i.e. Medicaid, cash, third party
21		insurance).
22		(J) The patient location code (i.e. home, nursing
23		home, outpatient, etc.) for the controlled substances
24		other than those filled at a retail pharmacy.
25		(K) Any additional information that may be
26		required by the department by administrative rule,

HB0001 Engrossed - 204 - LRB099 00249 HEP 20254 b
1		including but not limited to information required for
2		compliance with the criteria for electronic reporting
3		of the American Society for Automation and Pharmacy or
4		its successor.
5		(2) The information required to be transmitted under
6		this Section must be transmitted not later more than the
7		end of the next business day 7 days after the date on which
8		a controlled substance is dispensed, or at such other time
9		as may be required by the Department by administrative
10		rule.
11		(3) A dispenser must transmit the information required
12		under this Section by:
13		(A) an electronic device compatible with the
14		receiving device of the central repository;
15		(B) a computer diskette;
16		(C) a magnetic tape; or
17		(D) a pharmacy universal claim form or Pharmacy
18		Inventory Control form;
19		(4) The Department may impose a civil fine of up to
20		$100 per day for willful failure to report controlled
21		substance dispensing to the Prescription Monitoring
22		Program. The fine shall be calculated on no more than the
23		number of days from the time the report was required to be
24		made until the time the problem was resolved, and shall be
25		payable to the Prescription Monitoring Program.
26		(b) The Department, by rule, may include in the monitoring

HB0001 Engrossed - 205 - LRB099 00249 HEP 20254 b
1		program certain other select drugs that are not included in
2		Schedule II, III, IV, or V. The prescription monitoring program
3		does not apply to controlled substance prescriptions as
4		exempted under Section 313.
5		(c) The collection of data on select drugs and scheduled
6		substances by the Prescription Monitoring Program may be used
7		as a tool for addressing oversight requirements of long-term
8		care institutions as set forth by Public Act 96-1372. Long-term
9		care pharmacies shall transmit patient medication profiles to
10		the Prescription Monitoring Program monthly or more frequently
11		as established by administrative rule.
12		(d) The Department of Human Services shall appoint a
13		full-time Clinical Director of the Prescription Monitoring
14		Program.
15		(e) Within one year of the effective date of this
16		amendatory Act of the 99th General Assembly, the Department
17		shall adopt rules establishing pilot initiatives involving a
18		cross-section of hospitals in this State to increase electronic
19		integration of a hospital's electronic health record with the
20		Prescription Monitoring Program on or before January 1, 2019 to
21		ensure all providers have timely access to relevant
22		prescription information during the treatment of their
23		patients. These rules shall also establish pilots that enhance
24		the electronic integration of outpatient pharmacy records with
25		the Prescription Monitoring Program to allow for faster
26		transmission of the information required under this Section. In

HB0001 Engrossed - 206 - LRB099 00249 HEP 20254 b
1		collaboration with the Department of Human Services, the
2		Prescription Monitoring Program Advisory Committee shall
3		identify funding sources to support the pilot projects in this
4		Section and distribution of funds shall be based on voluntary
5		and incentive-based models. The rules adopted by the Department
6		shall also ensure that the Department continues to monitor
7		updates in Electronic Health Record Technology and how other
8		states have integrated their prescription monitoring databases
9		with Electronic Health Records.
10		(Source: P.A. 97-334, eff. 1-1-12.)
11		(720 ILCS 570/317)
12		Sec. 317. Central repository for collection of
13		information.
14		(a) The Department must designate a central repository for
15		the collection of information transmitted under Section 316 and
16		former Section 321.
17		(b) The central repository must do the following:
18		(1) Create a database for information required to be
19		transmitted under Section 316 in the form required under
20		rules adopted by the Department, including search
21		capability for the following:
22		(A) A recipient's name and address.
23		(B) A recipient's date of birth and gender address.
24		(C) The national drug code number of a controlled
25		substance dispensed.

HB0001 Engrossed - 207 - LRB099 00249 HEP 20254 b
1		(D) The dates a controlled substance is dispensed.
2		(E) The quantities and days supply of a controlled
3		substance dispensed.
4		(F) A dispenser's Administration registration
5		number.
6		(G) A prescriber's Administration registration
7		number.
8		(H) The dates the controlled substance
9		prescription is filled.
10		(I) The payment type used to purchase the
11		controlled substance (i.e. Medicaid, cash, third party
12		insurance).
13		(J) The patient location code (i.e. home, nursing
14		home, outpatient, etc.) for controlled substance
15		prescriptions other than those filled at a retail
16		pharmacy.
17		(2) Provide the Department with a database maintained
18		by the central repository. The Department of Financial and
19		Professional Regulation must provide the Department with
20		electronic access to the license information of a
21		prescriber or dispenser.
22		(3) Secure the information collected by the central
23		repository and the database maintained by the central
24		repository against access by unauthorized persons.
25		All prescribers shall designate one or more medical
26		specialties or fields of medical care and treatment for which

HB0001 Engrossed - 208 - LRB099 00249 HEP 20254 b
1		the prescriber prescribes controlled substances when
2		registering with the Prescription Monitoring Program.
3		No fee shall be charged for access by a prescriber or
4		dispenser.
5		(Source: P.A. 97-334, eff. 1-1-12.)
6		(720 ILCS 570/318)
7		Sec. 318. Confidentiality of information.
8		(a) Information received by the central repository under
9		Section 316 and former Section 321 is confidential.
10		(b) The Department must carry out a program to protect the
11		confidentiality of the information described in subsection
12		(a). The Department may disclose the information to another
13		person only under subsection (c), (d), or (f) and may charge a
14		fee not to exceed the actual cost of furnishing the
15		information.
16		(c) The Department may disclose confidential information
17		described in subsection (a) to any person who is engaged in
18		receiving, processing, or storing the information.
19		(d) The Department may release confidential information
20		described in subsection (a) to the following persons:
21		(1) A governing body that licenses practitioners and is
22		engaged in an investigation, an adjudication, or a
23		prosecution of a violation under any State or federal law
24		that involves a controlled substance.
25		(2) An investigator for the Consumer Protection

HB0001 Engrossed - 209 - LRB099 00249 HEP 20254 b
1		Division of the office of the Attorney General, a
2		prosecuting attorney, the Attorney General, a deputy
3		Attorney General, or an investigator from the office of the
4		Attorney General, who is engaged in any of the following
5		activities involving controlled substances:
6		(A) an investigation;
7		(B) an adjudication; or
8		(C) a prosecution of a violation under any State or
9		federal law that involves a controlled substance.
10		(3) A law enforcement officer who is:
11		(A) authorized by the Illinois State Police or the
12		office of a county sheriff or State's Attorney or
13		municipal police department of Illinois to receive
14		information of the type requested for the purpose of
15		investigations involving controlled substances; or
16		(B) approved by the Department to receive
17		information of the type requested for the purpose of
18		investigations involving controlled substances; and
19		(C) engaged in the investigation or prosecution of
20		a violation under any State or federal law that
21		involves a controlled substance.
22		(e) Before the Department releases confidential
23		information under subsection (d), the applicant must
24		demonstrate in writing to the Department that:
25		(1) the applicant has reason to believe that a
26		violation under any State or federal law that involves a

HB0001 Engrossed - 210 - LRB099 00249 HEP 20254 b
1		controlled substance has occurred; and
2		(2) the requested information is reasonably related to
3		the investigation, adjudication, or prosecution of the
4		violation described in subdivision (1).
5		(f) The Department may receive and release prescription
6		record information under Section 316 and former Section 321 to:
7		(1) a governing body that licenses practitioners;
8		(2) an investigator for the Consumer Protection
9		Division of the office of the Attorney General, a
10		prosecuting attorney, the Attorney General, a deputy
11		Attorney General, or an investigator from the office of the
12		Attorney General;
13		(3) any Illinois law enforcement officer who is:
14		(A) authorized to receive the type of information
15		released; and
16		(B) approved by the Department to receive the type
17		of information released; or
18		(4) prescription monitoring entities in other states
19		per the provisions outlined in subsection (g) and (h)
20		below;
21		confidential prescription record information collected under
22		Sections 316 and 321 (now repealed) that identifies vendors or
23		practitioners, or both, who are prescribing or dispensing large
24		quantities of Schedule II, III, IV, or V controlled substances
25		outside the scope of their practice, pharmacy, or business, as
26		determined by the Advisory Committee created by Section 320.

HB0001 Engrossed - 211 - LRB099 00249 HEP 20254 b
1		(g) The information described in subsection (f) may not be
2		released until it has been reviewed by an employee of the
3		Department who is licensed as a prescriber or a dispenser and
4		until that employee has certified that further investigation is
5		warranted. However, failure to comply with this subsection (g)
6		does not invalidate the use of any evidence that is otherwise
7		admissible in a proceeding described in subsection (h).
8		(h) An investigator or a law enforcement officer receiving
9		confidential information under subsection (c), (d), or (f) may
10		disclose the information to a law enforcement officer or an
11		attorney for the office of the Attorney General for use as
12		evidence in the following:
13		(1) A proceeding under any State or federal law that
14		involves a controlled substance.
15		(2) A criminal proceeding or a proceeding in juvenile
16		court that involves a controlled substance.
17		(i) The Department may compile statistical reports from the
18		information described in subsection (a). The reports must not
19		include information that identifies, by name, license or
20		address, any practitioner, dispenser, ultimate user, or other
21		person administering a controlled substance.
22		(j) Based upon federal, initial and maintenance funding, a
23		prescriber and dispenser inquiry system shall be developed to
24		assist the health care community in its goal of effective
25		clinical practice and to prevent patients from diverting or
26		abusing medications.

HB0001 Engrossed - 212 - LRB099 00249 HEP 20254 b
1		(1) An inquirer shall have read-only access to a
2		stand-alone database which shall contain records for the
3		previous 12 months.
4		(2) Dispensers may, upon positive and secure
5		identification, make an inquiry on a patient or customer
6		solely for a medical purpose as delineated within the
7		federal HIPAA law.
8		(3) The Department shall provide a one-to-one secure
9		link and encrypted software necessary to establish the link
10		between an inquirer and the Department. Technical
11		assistance shall also be provided.
12		(4) Written inquiries are acceptable but must include
13		the fee and the requestor's Drug Enforcement
14		Administration license number and submitted upon the
15		requestor's business stationery.
16		(5) As directed by the Prescription Monitoring Program
17		Advisory Committee and the Clinical Director for the
18		Prescription Monitoring Program, aggregate data that does
19		not indicate any prescriber, practitioner, dispenser, or
20		patient may be used for clinical studies.
21		(6) Tracking analysis shall be established and used per
22		administrative rule.
23		(7) Nothing in this Act or Illinois law shall be
24		construed to require a prescriber or dispenser to make use
25		of this inquiry system.
26		(8) If there is an adverse outcome because of a

HB0001 Engrossed - 213 - LRB099 00249 HEP 20254 b
1		prescriber or dispenser making an inquiry, which is
2		initiated in good faith, the prescriber or dispenser shall
3		be held harmless from any civil liability.
4		(k) The Department shall establish, by rule, the process by
5		which to evaluate possible erroneous association of
6		prescriptions to any licensed prescriber or end user of the
7		Illinois Prescription Information Library (PIL).
8		(l) The Prescription Monitoring Program Advisory Committee
9		is authorized to evaluate the need for and method of
10		establishing a patient specific identifier.
11		(m) Patients who identify prescriptions attributed to them
12		that were not obtained by them shall be given access to their
13		personal prescription history pursuant to the validation
14		process as set forth by administrative rule.
15		(n) The Prescription Monitoring Program is authorized to
16		develop operational push reports to entities with compatible
17		electronic medical records. The process shall be covered within
18		administrative rule established by the Department.
19		(o) Hospital emergency departments and freestanding
20		healthcare facilities providing healthcare to walk-in patients
21		may obtain, for the purpose of improving patient care, a unique
22		identifier for each shift to utilize the PIL system.
23		(p) The Prescription Monitoring Program shall
24		automatically create a log-in to the inquiry system when a
25		prescriber or dispenser obtains or renews his or her controlled
26		substance license. The Department of Financial and

HB0001 Engrossed - 214 - LRB099 00249 HEP 20254 b
1		Professional Regulation must provide the Prescription
2		Monitoring Program with electronic access to the license
3		information of a prescriber or dispenser to facilitate the
4		creation of this profile. The Prescription Monitoring Program
5		shall send the prescriber or dispenser information regarding
6		the inquiry system, including instructions on how to log into
7		the system, instructions on how to use the system to promote
8		effective clinical practice, and opportunities for continuing
9		education for the prescribing of controlled substances. The
10		Prescription Monitoring Program shall also send to all enrolled
11		prescribers, dispensers, and designees information regarding
12		the unsolicited reports produced pursuant to Section 314.5 of
13		this Act.
14		(q) A prescriber or dispenser may authorize a designee to
15		consult the inquiry system established by the Department under
16		this subsection on his or her behalf, provided that all the
17		following conditions are met:
18		(1) the designee so authorized is employed by the same
19		hospital or health care system; is employed by the same
20		professional practice; or is under contract with such
21		practice, hospital, or health care system;
22		(2) the prescriber or dispenser takes reasonable steps
23		to ensure that such designee is sufficiently competent in
24		the use of the inquiry system;
25		(3) the prescriber or dispenser remains responsible
26		for ensuring that access to the inquiry system by the

HB0001 Engrossed - 215 - LRB099 00249 HEP 20254 b
1		designee is limited to authorized purposes and occurs in a
2		manner that protects the confidentiality of the
3		information obtained from the inquiry system, and remains
4		responsible for any breach of confidentiality; and
5		(4) the ultimate decision as to whether or not to
6		prescribe or dispense a controlled substance remains with
7		the prescriber or dispenser.
8		The Prescription Monitoring Program shall send to
9		registered designees information regarding the inquiry system,
10		including instructions on how to log onto the system.
11		(r) The Prescription Monitoring Program shall maintain an
12		Internet website in conjunction with its prescriber and
13		dispenser inquiry system. This website shall include, at a
14		minimum, the following information:
15		(1) current clinical guidelines developed by health
16		care professional organizations on the prescribing of
17		opioids or other controlled substances as determined by the
18		Advisory Committee;
19		(2) accredited continuing education programs related
20		to prescribing of controlled substances;
21		(3) programs or information developed by health care
22		professionals that may be used to assess patients or help
23		ensure compliance with prescriptions;
24		(4) updates from the Food and Drug Administration, the
25		Centers for Disease Control and Prevention, and other
26		public and private organizations which are relevant to

HB0001 Engrossed - 216 - LRB099 00249 HEP 20254 b
1		prescribing;
2		(5) relevant medical studies related to prescribing;
3		(6) other information regarding the prescription of
4		controlled substances; and
5		(7) information regarding prescription drug disposal
6		events, including take-back programs or other disposal
7		options or events.
8		The content of the Internet website shall be periodically
9		reviewed by the Prescription Monitoring Program Advisory
10		Committee as set forth in Section 320 and updated in accordance
11		with the recommendation of the advisory committee.
12		(s) The Prescription Monitoring Program shall regularly
13		send electronic updates to the registered users of the Program.
14		The Prescription Monitoring Program Advisory Committee shall
15		review any communications sent to registered users and also
16		make recommendations for communications as set forth in Section
17		320. These updates shall include the following information:
18		(1) opportunities for accredited continuing education
19		programs related to prescribing of controlled substances;
20		(2) current clinical guidelines developed by health
21		care professional organizations on the prescribing of
22		opioids or other drugs as determined by the Advisory
23		Committee;
24		(3) programs or information developed by health care
25		professionals that may be used to assess patients or help
26		ensure compliance with prescriptions;

HB0001 Engrossed - 217 - LRB099 00249 HEP 20254 b
1		(4) updates from the Food and Drug Administration, the
2		Centers for Disease Control and Prevention, and other
3		public and private organizations which are relevant to
4		prescribing;
5		(5) relevant medical studies related to prescribing;
6		(6) other information regarding prescribing of
7		controlled substances;
8		(7) information regarding prescription drug disposal
9		events, including take-back programs or other disposal
10		options or events; and
11		(8) reminders that the Prescription Monitoring Program
12		is a useful clinical tool.
13		(Source: P.A. 97-334, eff. 1-1-12; 97-813, eff. 7-13-12.)
14		(720 ILCS 570/319)
15		Sec. 319. Rules. The Department shall must adopt rules
16		under the Illinois Administrative Procedure Act to implement
17		Sections 316 through 321, including the following:
18		(1) Information collection and retrieval procedures
19		for the central repository, including the controlled
20		substances to be included in the program required under
21		Section 316 and Section 321 (now repealed).
22		(2) Design for the creation of the database required
23		under Section 317.
24		(3) Requirements for the development and installation
25		of on-line electronic access by the Department to

HB0001 Engrossed - 218 - LRB099 00249 HEP 20254 b
1		information collected by the central repository.
2		(Source: P.A. 97-334, eff. 1-1-12.)
3		(720 ILCS 570/320)
4		Sec. 320. Advisory committee.
5		(a) There is created a Prescription Monitoring Program
6		Advisory Committee The Secretary of the Department of Human
7		Services must appoint an advisory committee to assist the
8		Department of Human Services in implementing the Prescription
9		Monitoring Program controlled substance prescription
10		monitoring program created by this Article and to advise the
11		Department on the professional performance of prescribers and
12		dispensers and other matters germane to the advisory
13		committee's field of competence Section 316 and former Section
14		321 of this Act. The Advisory Committee consists of prescribers
15		and dispensers.
16		(b) The Clinical Director of the Prescription Monitoring
17		Program shall appoint Secretary of the Department of Human
18		Services or his or her designee must determine the number of
19		members to serve on the advisory committee. The advisory
20		committee shall be composed of prescribers and dispensers as
21		follows: 4 physicians licensed to practice medicine in all its
22		branches; one advanced practice nurse; one physician
23		assistant; one optometrist; one dentist; one podiatric
24		physician; and 3 pharmacists. The Clinical Director of the
25		Prescription Monitoring Program may appoint a representative

HB0001 Engrossed - 219 - LRB099 00249 HEP 20254 b
1		of an organization representing a profession required to be
2		appointed. The Clinical Director of the Prescription
3		Monitoring Program shall serve as the chair of the committee.
4		The Secretary must choose one of the members of the advisory
5		committee to serve as chair of the committee.
6		(c) The advisory committee may appoint its other officers
7		as it deems appropriate.
8		(d) The members of the advisory committee shall receive no
9		compensation for their services as members of the advisory
10		committee but may be reimbursed for their actual expenses
11		incurred in serving on the advisory committee.
12		(e) The advisory committee shall:
13		(1) provide a uniform approach to reviewing this Act in
14		order to determine whether changes should be recommended to
15		the General Assembly; .
16		(2) review current drug schedules in order to manage
17		changes to the administrative rules pertaining to the
18		utilization of this Act; .
19		(3) review the following: current clinical guidelines
20		developed by health care professional organizations on the
21		prescribing of opioids or other controlled substances;
22		accredited continuing education programs related to
23		prescribing and dispensing; programs or information
24		developed by health care professional organizations that
25		may be used to assess patients or help ensure compliance
26		with prescriptions; updates from the Food and Drug

HB0001 Engrossed - 220 - LRB099 00249 HEP 20254 b
1		Administration, the Centers for Disease Control and
2		Prevention, and other public and private organizations
3		which are relevant to prescribing and dispensing; relevant
4		medical studies; and other publications which involve the
5		prescription of controlled substances;
6		(4) make recommendations for inclusion of these
7		materials or other studies which may be effective resources
8		for prescribers and dispensers on the Internet website of
9		the inquiry system established under Section 318;
10		(5) on at least a quarterly basis, review the content
11		of the Internet website of the inquiry system established
12		pursuant to Section 318 to ensure this Internet website has
13		the most current available information;
14		(6) on at least a quarterly basis, review opportunities
15		for federal grants and other forms of funding to support
16		projects which will increase the number of pilot programs
17		which integrate the inquiry system with electronic health
18		records; and
19		(7) on at least a quarterly basis, review communication
20		to be sent to all registered users of the inquiry system
21		established pursuant to Section 318, including
22		recommendations for relevant accredited continuing
23		education and information regarding prescribing and
24		dispensing.
25		(f) The Clinical Director of the Prescription Monitoring
26		Program shall select 5 members, 3 physicians and 2 pharmacists,

HB0001 Engrossed - 221 - LRB099 00249 HEP 20254 b
1		of the Prescription Monitoring Program Advisory Committee to
2		serve as members of the peer review subcommittee. The purpose
3		of the peer review subcommittee is to advise the Program on
4		matters germane to the advisory committee's field of
5		competence, establish a formal peer review of professional
6		performance of prescribers and dispensers, and develop
7		communications to transmit to prescribers and dispensers. The
8		deliberations, information, and communications of the peer
9		review subcommittee are privileged and confidential and shall
10		not be disclosed in any manner except in accordance with
11		current law.
12		(1) The peer review subcommittee shall periodically
13		review the data contained within the prescription
14		monitoring program to identify those prescribers or
15		dispensers who may be prescribing or dispensing outside the
16		currently accepted standards in the course of their
17		professional practice.
18		(2) The peer review subcommittee may identify
19		prescribers or dispensers who may be prescribing outside
20		the currently accepted medical standards in the course of
21		their professional practice and send the identified
22		prescriber or dispenser a request for information
23		regarding their prescribing or dispensing practices. This
24		request for information shall be sent via certified mail,
25		return receipt requested. A prescriber or dispenser shall
26		have 30 days to respond to the request for information.

HB0001 Engrossed - 222 - LRB099 00249 HEP 20254 b
1		(3) The peer review subcommittee shall refer a
2		prescriber or a dispenser to the Department of Financial
3		and Professional Regulation in the following situations:
4		(i) if a prescriber or dispenser does not respond
5		to three successive requests for information;
6		(ii) in the opinion of a majority of members of the
7		peer review subcommittee, the prescriber or dispenser
8		does not have a satisfactory explanation for the
9		practices identified by the peer review subcommittee
10		in its request for information; or
11		(iii) following communications with the peer
12		review subcommittee, the prescriber or dispenser does
13		not sufficiently rectify the practices identified in
14		the request for information in the opinion of a
15		majority of the members of the peer review
16		subcommittee.
17		(4) The Department of Financial and Professional
18		Regulation may initiate an investigation and discipline in
19		accordance with current laws and rules for any prescriber
20		or dispenser referred by the peer review subcommittee.
21		(5) The peer review subcommittee shall prepare an
22		annual report starting on July 1, 2017. This report shall
23		contain the following information: the number of times the
24		peer review subcommittee was convened; the number of
25		prescribers or dispensers who were reviewed by the peer
26		review committee; the number of requests for information

HB0001 Engrossed - 223 - LRB099 00249 HEP 20254 b
1		sent out by the peer review subcommittee; and the number of
2		prescribers or dispensers referred to the Department of
3		Financial and Professional Regulation. The annual report
4		shall be delivered electronically to the Department and to
5		the General Assembly. The report prepared by the peer
6		review subcommittee shall not identify any prescriber,
7		dispenser, or patient.
8		(Source: P.A. 97-334, eff. 1-1-12.)
9		(720 ILCS 570/406) (from Ch. 56 1/2, par. 1406)
10		Sec. 406. (a) It is unlawful for any person:
11		(1) who is subject to Article III knowingly to
12		distribute or dispense a controlled substance in violation
13		of Sections 308 through 314.5 of this Act; or
14		(2) who is a registrant, to manufacture a controlled
15		substance not authorized by his or her registration, or to
16		distribute or dispense a controlled substance not
17		authorized by his or her registration to another registrant
18		or other authorized person; or
19		(3) to refuse or fail to make, keep or furnish any
20		record, notification, order form, statement, invoice or
21		information required under this Act; or
22		(4) to refuse an entry into any premises for any
23		inspection authorized by this Act; or
24		(5) knowingly to keep or maintain any store, shop,
25		warehouse, dwelling, building, vehicle, boat, aircraft, or

HB0001 Engrossed - 224 - LRB099 00249 HEP 20254 b
1		other structure or place, which is resorted to by a person
2		unlawfully possessing controlled substances, or which is
3		used for possessing, manufacturing, dispensing or
4		distributing controlled substances in violation of this
5		Act.
6		Any person who violates this subsection (a) is guilty of a
7		Class A misdemeanor for the first offense and a Class 4 felony
8		for each subsequent offense. The fine for each subsequent
9		offense shall not be more than $100,000. In addition, any
10		practitioner who is found guilty of violating this subsection
11		(a) is subject to suspension and revocation of his or her
12		professional license, in accordance with such procedures as are
13		provided by law for the taking of disciplinary action with
14		regard to the license of said practitioner's profession.
15		(b) It is unlawful for any person knowingly:
16		(1) to distribute, as a registrant, a controlled
17		substance classified in Schedule I or II, except pursuant
18		to an order form as required by Section 307 of this Act; or
19		(2) to use, in the course of the manufacture or
20		distribution of a controlled substance, a registration
21		number which is fictitious, revoked, suspended, or issued
22		to another person; or
23		(3) to acquire or obtain, or attempt to acquire or
24		obtain, possession of a controlled substance by
25		misrepresentation, fraud, forgery, deception or
26		subterfuge; or

HB0001 Engrossed - 225 - LRB099 00249 HEP 20254 b
1		(3.1) to withhold information requested from a
2		practitioner, with the intent to obtain a controlled
3		substance that has not been prescribed, by
4		misrepresentation, fraud, forgery, deception, subterfuge,
5		or concealment of a material fact; or
6		(4) to furnish false or fraudulent material
7		information in, or omit any material information from, any
8		application, report or other document required to be kept
9		or filed under this Act, or any record required to be kept
10		by this Act; or
11		(5) to make, distribute or possess any punch, die,
12		plate, stone or other thing designed to print, imprint or
13		reproduce the trademark, trade name or other identifying
14		mark, imprint or device of another, or any likeness of any
15		of the foregoing, upon any controlled substance or
16		container or labeling thereof so as to render the drug a
17		counterfeit substance; or
18		(6) (blank); or
19		(7) (blank).
20		Any person who violates this subsection (b) is guilty of a
21		Class 4 felony for the first offense and a Class 3 felony for
22		each subsequent offense. The fine for the first offense shall
23		be not more than $100,000. The fine for each subsequent offense
24		shall not be more than $200,000.
25		(c) A person who knowingly or intentionally violates
26		Section 316, 317, 318, or 319 is guilty of a Class A

HB0001 Engrossed - 226 - LRB099 00249 HEP 20254 b
1		misdemeanor.
2		(Source: P.A. 97-334, eff. 1-1-12.)
3		(720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
4		Sec. 410. (a) Whenever any person who has not previously
5		been convicted of, or placed on probation or court supervision
6		for any offense under this Act or any law of the United States
7		or of any State relating to cannabis or controlled substances,
8		pleads guilty to or is found guilty of possession of a
9		controlled or counterfeit substance under subsection (c) of
10		Section 402 or of unauthorized possession of prescription form
11		under Section 406.2, the court, without entering a judgment and
12		with the consent of such person, may sentence him or her to
13		probation.
14		(b) When a person is placed on probation, the court shall
15		enter an order specifying a period of probation of 24 months
16		and shall defer further proceedings in the case until the
17		conclusion of the period or until the filing of a petition
18		alleging violation of a term or condition of probation.
19		(c) The conditions of probation shall be that the person:
20		(1) not violate any criminal statute of any jurisdiction; (2)
21		refrain from possessing a firearm or other dangerous weapon;
22		(3) submit to periodic drug testing at a time and in a manner
23		as ordered by the court, but no less than 3 times during the
24		period of the probation, with the cost of the testing to be
25		paid by the probationer; and (4) perform no less than 30 hours

HB0001 Engrossed - 227 - LRB099 00249 HEP 20254 b
1		of community service, provided community service is available
2		in the jurisdiction and is funded and approved by the county
3		board.
4		(d) The court may, in addition to other conditions, require
5		that the person:
6		(1) make a report to and appear in person before or
7		participate with the court or such courts, person, or
8		social service agency as directed by the court in the order
9		of probation;
10		(2) pay a fine and costs;
11		(3) work or pursue a course of study or vocational
12		training;
13		(4) undergo medical or psychiatric treatment; or
14		treatment or rehabilitation approved by the Illinois
15		Department of Human Services;
16		(5) attend or reside in a facility established for the
17		instruction or residence of defendants on probation;
18		(6) support his or her dependents;
19		(6-5) refrain from having in his or her body the
20		presence of any illicit drug prohibited by the Cannabis
21		Control Act, the Illinois Controlled Substances Act, or the
22		Methamphetamine Control and Community Protection Act,
23		unless prescribed by a physician, and submit samples of his
24		or her blood or urine or both for tests to determine the
25		presence of any illicit drug;
26		(7) and in addition, if a minor:

HB0001 Engrossed - 228 - LRB099 00249 HEP 20254 b
1		(i) reside with his or her parents or in a foster
2		home;
3		(ii) attend school;
4		(iii) attend a non-residential program for youth;
5		(iv) contribute to his or her own support at home
6		or in a foster home.
7		(e) Upon violation of a term or condition of probation, the
8		court may enter a judgment on its original finding of guilt and
9		proceed as otherwise provided.
10		(f) Upon fulfillment of the terms and conditions of
11		probation, the court shall discharge the person and dismiss the
12		proceedings against him or her.
13		(g) A disposition of probation is considered to be a
14		conviction for the purposes of imposing the conditions of
15		probation and for appeal, however, discharge and dismissal
16		under this Section is not a conviction for purposes of this Act
17		or for purposes of disqualifications or disabilities imposed by
18		law upon conviction of a crime.
19		(h) There may be only one discharge and dismissal under
20		this Section, Section 10 of the Cannabis Control Act, Section
21		70 of the Methamphetamine Control and Community Protection Act,
22		Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections,
23		or subsection (c) of Section 11-14 of the Criminal Code of 1961
24		or the Criminal Code of 2012 with respect to any person.
25		(i) If a person is convicted of an offense under this Act,
26		the Cannabis Control Act, or the Methamphetamine Control and

HB0001 Engrossed - 229 - LRB099 00249 HEP 20254 b
1		Community Protection Act within 5 years subsequent to a
2		discharge and dismissal under this Section, the discharge and
3		dismissal under this Section shall be admissible in the
4		sentencing proceeding for that conviction as evidence in
5		aggravation.
6		(j) Notwithstanding subsection (a), before a person is
7		sentenced to probation under this Section, the court may refer
8		the person to the drug court established in that judicial
9		circuit pursuant to Section 15 of the Drug Court Treatment Act.
10		The drug court team shall evaluate the person's likelihood of
11		successfully completing a sentence of probation under this
12		Section and shall report the results of its evaluation to the
13		court. If the drug court team finds that the person suffers
14		from a substance abuse problem that makes him or her
15		substantially unlikely to successfully complete a sentence of
16		probation under this Section, then the drug court shall set
17		forth its findings in the form of a written order, and the
18		person shall not be sentenced to probation under this Section,
19		but may be considered for the drug court program.
20		(Source: P.A. 97-334, eff. 1-1-12; 97-1118, eff. 1-1-13;
21		97-1150, eff. 1-25-13; 98-164, eff. 1-1-14.)
22		Section 5-105. The Methamphetamine Control and Community
23		Protection Act is amended by changing Section 70 as follows:
24		(720 ILCS 646/70)

HB0001 Engrossed - 230 - LRB099 00249 HEP 20254 b
1		Sec. 70. Probation.
2		(a) Whenever any person who has not previously been
3		convicted of, or placed on probation or court supervision for
4		any offense under this Act, the Illinois Controlled Substances
5		Act, the Cannabis Control Act, or any law of the United States
6		or of any state relating to cannabis or controlled substances,
7		pleads guilty to or is found guilty of possession of less than
8		15 grams of methamphetamine under paragraph (1) or (2) of
9		subsection (b) of Section 60 of this Act, the court, without
10		entering a judgment and with the consent of the person, may
11		sentence him or her to probation.
12		(b) When a person is placed on probation, the court shall
13		enter an order specifying a period of probation of 24 months
14		and shall defer further proceedings in the case until the
15		conclusion of the period or until the filing of a petition
16		alleging violation of a term or condition of probation.
17		(c) The conditions of probation shall be that the person:
18		(1) not violate any criminal statute of any
19		jurisdiction;
20		(2) refrain from possessing a firearm or other
21		dangerous weapon;
22		(3) submit to periodic drug testing at a time and in a
23		manner as ordered by the court, but no less than 3 times
24		during the period of the probation, with the cost of the
25		testing to be paid by the probationer; and
26		(4) perform no less than 30 hours of community service,

HB0001 Engrossed - 231 - LRB099 00249 HEP 20254 b
1		if community service is available in the jurisdiction and
2		is funded and approved by the county board.
3		(d) The court may, in addition to other conditions, require
4		that the person take one or more of the following actions:
5		(1) make a report to and appear in person before or
6		participate with the court or such courts, person, or
7		social service agency as directed by the court in the order
8		of probation;
9		(2) pay a fine and costs;
10		(3) work or pursue a course of study or vocational
11		training;
12		(4) undergo medical or psychiatric treatment; or
13		treatment or rehabilitation approved by the Illinois
14		Department of Human Services;
15		(5) attend or reside in a facility established for the
16		instruction or residence of defendants on probation;
17		(6) support his or her dependents;
18		(7) refrain from having in his or her body the presence
19		of any illicit drug prohibited by this Act, the Cannabis
20		Control Act, or the Illinois Controlled Substances Act,
21		unless prescribed by a physician, and submit samples of his
22		or her blood or urine or both for tests to determine the
23		presence of any illicit drug; or
24		(8) if a minor:
25		(i) reside with his or her parents or in a foster
26		home;

HB0001 Engrossed - 232 - LRB099 00249 HEP 20254 b
1		(ii) attend school;
2		(iii) attend a non-residential program for youth;
3		or
4		(iv) contribute to his or her own support at home
5		or in a foster home.
6		(e) Upon violation of a term or condition of probation, the
7		court may enter a judgment on its original finding of guilt and
8		proceed as otherwise provided.
9		(f) Upon fulfillment of the terms and conditions of
10		probation, the court shall discharge the person and dismiss the
11		proceedings against the person.
12		(g) A disposition of probation is considered to be a
13		conviction for the purposes of imposing the conditions of
14		probation and for appeal, however, discharge and dismissal
15		under this Section is not a conviction for purposes of this Act
16		or for purposes of disqualifications or disabilities imposed by
17		law upon conviction of a crime.
18		(h) There may be only one discharge and dismissal under
19		this Section, Section 410 of the Illinois Controlled Substances
20		Act, Section 10 of the Cannabis Control Act, Section 5-6-3.3 or
21		5-6-3.4 of the Unified Code of Corrections, or subsection (c)
22		of Section 11-14 of the Criminal Code of 1961 or the Criminal
23		Code of 2012 with respect to any person.
24		(i) If a person is convicted of an offense under this Act,
25		the Cannabis Control Act, or the Illinois Controlled Substances
26		Act within 5 years subsequent to a discharge and dismissal

HB0001 Engrossed - 233 - LRB099 00249 HEP 20254 b
1		under this Section, the discharge and dismissal under this
2		Section are admissible in the sentencing proceeding for that
3		conviction as evidence in aggravation.
4		(j) Notwithstanding subsection (a), before a person is
5		sentenced to probation under this Section, the court may refer
6		the person to the drug court established in that judicial
7		circuit pursuant to Section 15 of the Drug Court Treatment Act.
8		The drug court team shall evaluate the person's likelihood of
9		successfully completing a sentence of probation under this
10		Section and shall report the results of its evaluation to the
11		court. If the drug court team finds that the person suffers
12		from a substance abuse problem that makes him or her
13		substantially unlikely to successfully complete a sentence of
14		probation under this Section, then the drug court shall set
15		forth its findings in the form of a written order, and the
16		person shall not be sentenced to probation under this Section,
17		but may be considered for the drug court program.
18		(Source: P.A. 97-1118, eff. 1-1-13; 97-1150, eff. 1-25-13;
19		98-164, eff. 1-1-14.)
20		Section 5-110. The Unified Code of Corrections is amended
21		by changing Sections 5-6-3.3, 5-6-3.4, 5-9-1.1, and 5-9-1.1-5
22		as follows:
23		(730 ILCS 5/5-6-3.3)
24		Sec. 5-6-3.3. Offender Initiative Program.

HB0001 Engrossed - 234 - LRB099 00249 HEP 20254 b
1		(a) Statement of purpose. The General Assembly seeks to
2		continue other successful programs that promote public safety,
3		conserve valuable resources, and reduce recidivism by
4		defendants who can lead productive lives by creating the
5		Offender Initiative Program.
6		(a-1) Whenever any person who has not previously been
7		convicted of, or placed on probation or conditional discharge
8		for, any felony offense under the laws of this State, the laws
9		of any other state, or the laws of the United States, is
10		arrested for and charged with a probationable felony offense of
11		theft, retail theft, forgery, possession of a stolen motor
12		vehicle, burglary, possession of burglary tools, possession of
13		cannabis, possession of a controlled substance, or possession
14		of methamphetamine, the court, with the consent of the
15		defendant and the State's Attorney, may continue this matter to
16		allow a defendant to participate and complete the Offender
17		Initiative Program.
18		(a-2) Exemptions. A defendant shall not be eligible for
19		this Program if the offense he or she has been arrested for and
20		charged with is a violent offense. For purposes of this
21		Program, a "violent offense" is any offense where bodily harm
22		was inflicted or where force was used against any person or
23		threatened against any person, any offense involving sexual
24		conduct, sexual penetration, or sexual exploitation, any
25		offense of domestic violence, domestic battery, violation of an
26		order of protection, stalking, hate crime, driving under the

HB0001 Engrossed - 235 - LRB099 00249 HEP 20254 b
1		influence of drugs or alcohol, and any offense involving the
2		possession of a firearm or dangerous weapon. A defendant shall
3		not be eligible for this Program if he or she has previously
4		been adjudicated a delinquent minor for the commission of a
5		violent offense as defined in this subsection.
6		(b) When a defendant is placed in the Program, after both
7		the defendant and State's Attorney waive preliminary hearing
8		pursuant to Section 109-3 of the Code of Criminal Procedure of
9		1963, the court shall enter an order specifying that the
10		proceedings shall be suspended while the defendant is
11		participating in a Program of not less 12 months.
12		(c) The conditions of the Program shall be that the
13		defendant:
14		(1) not violate any criminal statute of this State or
15		any other jurisdiction;
16		(2) refrain from possessing a firearm or other
17		dangerous weapon;
18		(3) make full restitution to the victim or property
19		owner pursuant to Section 5-5-6 of this Code;
20		(4) obtain employment or perform not less than 30 hours
21		of community service, provided community service is
22		available in the county and is funded and approved by the
23		county board; and
24		(5) attend educational courses designed to prepare the
25		defendant for obtaining a high school diploma or to work
26		toward passing high school equivalency testing or to work

HB0001 Engrossed - 236 - LRB099 00249 HEP 20254 b
1		toward completing a vocational training program.
2		(d) The court may, in addition to other conditions, require
3		that the defendant:
4		(1) undergo medical or psychiatric treatment, or
5		treatment or rehabilitation approved by the Illinois
6		Department of Human Services;
7		(2) refrain from having in his or her body the presence
8		of any illicit drug prohibited by the Methamphetamine
9		Control and Community Protection Act, the Cannabis Control
10		Act or the Illinois Controlled Substances Act, unless
11		prescribed by a physician, and submit samples of his or her
12		blood or urine or both for tests to determine the presence
13		of any illicit drug;
14		(3) submit to periodic drug testing at a time, manner,
15		and frequency as ordered by the court;
16		(4) pay fines, fees and costs; and
17		(5) in addition, if a minor:
18		(i) reside with his or her parents or in a foster
19		home;
20		(ii) attend school;
21		(iii) attend a non-residential program for youth;
22		or
23		(iv) contribute to his or her own support at home
24		or in a foster home.
25		(e) When the State's Attorney makes a factually specific
26		offer of proof that the defendant has failed to successfully

HB0001 Engrossed - 237 - LRB099 00249 HEP 20254 b
1		complete the Program or has violated any of the conditions of
2		the Program, the court shall enter an order that the defendant
3		has not successfully completed the Program and continue the
4		case for arraignment pursuant to Section 113-1 of the Code of
5		Criminal Procedure of 1963 for further proceedings as if the
6		defendant had not participated in the Program.
7		(f) Upon fulfillment of the terms and conditions of the
8		Program, the State's Attorney shall dismiss the case or the
9		court shall discharge the person and dismiss the proceedings
10		against the person.
11		(g) There may be only one discharge and dismissal under
12		this Section with respect to any person.
13		(h) Notwithstanding subsection (a-1), if the court finds
14		that the defendant suffers from a substance abuse problem, then
15		before the person participates in the Program under this
16		Section, the court may refer the person to the drug court
17		established in that judicial circuit pursuant to Section 15 of
18		the Drug Court Treatment Act. The drug court team shall
19		evaluate the person's likelihood of successfully fulfilling
20		the terms and conditions of the Program under this Section and
21		shall report the results of its evaluation to the court. If the
22		drug court team finds that the person suffers from a substance
23		abuse problem that makes him or her substantially unlikely to
24		successfully fulfill the terms and conditions of the Program,
25		then the drug court shall set forth its findings in the form of
26		a written order, and the person shall be ineligible to

HB0001 Engrossed - 238 - LRB099 00249 HEP 20254 b
1		participate in the Program under this Section, but may be
2		considered for the drug court program.
3		(Source: P.A. 97-1118, eff. 1-1-13; 98-718, eff. 1-1-15.)
4		(730 ILCS 5/5-6-3.4)
5		Sec. 5-6-3.4. Second Chance Probation.
6		(a) Whenever any person who has not previously been
7		convicted of, or placed on probation or conditional discharge
8		for, any felony offense under the laws of this State, the laws
9		of any other state, or the laws of the United States, including
10		probation under Section 410 of the Illinois Controlled
11		Substances Act, Section 70 of the Methamphetamine Control and
12		Community Protection Act, Section 10 of the Cannabis Control
13		Act, subsection (c) of Section 11-14 of the Criminal Code of
14		2012, Treatment Alternatives for Criminal Justice Clients
15		(TASC) under Article 40 of the Alcoholism and Other Drug Abuse
16		and Dependency Act, or prior successful completion of the
17		Offender Initiative Program under Section 5-6-3.3 of this Code,
18		and pleads guilty to, or is found guilty of, a probationable
19		felony offense of possession of a controlled substance that is
20		punishable as a Class 4 felony; possession of methamphetamine
21		that is punishable as a Class 4 felony; theft that is
22		punishable as a Class 3 felony based on the value of the
23		property or punishable as a Class 4 felony if the theft was
24		committed in a school or place of worship or if the theft was
25		of governmental property; retail theft that is punishable as a

HB0001 Engrossed - 239 - LRB099 00249 HEP 20254 b
1		Class 3 felony based on the value of the property; criminal
2		damage to property that is punishable as a Class 4 felony;
3		criminal damage to government supported property that is
4		punishable as a Class 4 felony; or possession of cannabis which
5		is punishable as a Class 4 felony, the court, with the consent
6		of the defendant and the State's Attorney, may, without
7		entering a judgment, sentence the defendant to probation under
8		this Section.
9		(a-1) Exemptions. A defendant is not eligible for this
10		probation if the offense he or she pleads guilty to, or is
11		found guilty of, is a violent offense, or he or she has
12		previously been convicted of a violent offense. For purposes of
13		this probation, a "violent offense" is any offense where bodily
14		harm was inflicted or where force was used against any person
15		or threatened against any person, any offense involving sexual
16		conduct, sexual penetration, or sexual exploitation, any
17		offense of domestic violence, domestic battery, violation of an
18		order of protection, stalking, hate crime, driving under the
19		influence of drugs or alcohol, and any offense involving the
20		possession of a firearm or dangerous weapon. A defendant shall
21		not be eligible for this probation if he or she has previously
22		been adjudicated a delinquent minor for the commission of a
23		violent offense as defined in this subsection.
24		(b) When a defendant is placed on probation, the court
25		shall enter an order specifying a period of probation of not
26		less than 24 months and shall defer further proceedings in the

HB0001 Engrossed - 240 - LRB099 00249 HEP 20254 b
1		case until the conclusion of the period or until the filing of
2		a petition alleging violation of a term or condition of
3		probation.
4		(c) The conditions of probation shall be that the
5		defendant:
6		(1) not violate any criminal statute of this State or
7		any other jurisdiction;
8		(2) refrain from possessing a firearm or other
9		dangerous weapon;
10		(3) make full restitution to the victim or property
11		owner under Section 5-5-6 of this Code;
12		(4) obtain or attempt to obtain employment;
13		(5) pay fines and costs;
14		(6) attend educational courses designed to prepare the
15		defendant for obtaining a high school diploma or to work
16		toward passing high school equivalency testing or to work
17		toward completing a vocational training program;
18		(7) submit to periodic drug testing at a time and in a
19		manner as ordered by the court, but no less than 3 times
20		during the period of probation, with the cost of the
21		testing to be paid by the defendant; and
22		(8) perform a minimum of 30 hours of community service.
23		(d) The court may, in addition to other conditions, require
24		that the defendant:
25		(1) make a report to and appear in person before or
26		participate with the court or such courts, person, or

HB0001 Engrossed - 241 - LRB099 00249 HEP 20254 b
1		social service agency as directed by the court in the order
2		of probation;
3		(2) undergo medical or psychiatric treatment, or
4		treatment or rehabilitation approved by the Illinois
5		Department of Human Services;
6		(3) attend or reside in a facility established for the
7		instruction or residence of defendants on probation;
8		(4) support his or her dependents; or
9		(5) refrain from having in his or her body the presence
10		of any illicit drug prohibited by the Methamphetamine
11		Control and Community Protection Act, the Cannabis Control
12		Act, or the Illinois Controlled Substances Act, unless
13		prescribed by a physician, and submit samples of his or her
14		blood or urine or both for tests to determine the presence
15		of any illicit drug.
16		(e) Upon violation of a term or condition of probation, the
17		court may enter a judgment on its original finding of guilt and
18		proceed as otherwise provided by law.
19		(f) Upon fulfillment of the terms and conditions of
20		probation, the court shall discharge the person and dismiss the
21		proceedings against the person.
22		(g) A disposition of probation is considered to be a
23		conviction for the purposes of imposing the conditions of
24		probation and for appeal; however, a discharge and dismissal
25		under this Section is not a conviction for purposes of this
26		Code or for purposes of disqualifications or disabilities

HB0001 Engrossed - 242 - LRB099 00249 HEP 20254 b
1		imposed by law upon conviction of a crime.
2		(h) There may be only one discharge and dismissal under
3		this Section, Section 410 of the Illinois Controlled Substances
4		Act, Section 70 of the Methamphetamine Control and Community
5		Protection Act, Section 10 of the Cannabis Control Act,
6		Treatment Alternatives for Criminal Justice Clients (TASC)
7		under Article 40 of the Alcoholism and Other Drug Abuse and
8		Dependency Act, the Offender Initiative Program under Section
9		5-6-3.3 of this Code, and subsection (c) of Section 11-14 of
10		the Criminal Code of 2012 with respect to any person.
11		(i) If a person is convicted of any offense which occurred
12		within 5 years subsequent to a discharge and dismissal under
13		this Section, the discharge and dismissal under this Section
14		shall be admissible in the sentencing proceeding for that
15		conviction as evidence in aggravation.
16		(j) Notwithstanding subsection (a), if the court finds that
17		the defendant suffers from a substance abuse problem, then
18		before the person is placed on probation under this Section,
19		the court may refer the person to the drug court established in
20		that judicial circuit pursuant to Section 15 of the Drug Court
21		Treatment Act. The drug court team shall evaluate the person's
22		likelihood of successfully fulfilling the terms and conditions
23		of probation under this Section and shall report the results of
24		its evaluation to the court. If the drug court team finds that
25		the person suffers from a substance abuse problem that makes
26		him or her substantially unlikely to successfully fulfill the

HB0001 Engrossed - 243 - LRB099 00249 HEP 20254 b
1		terms and conditions of probation under this Section, then the
2		drug court shall set forth its findings in the form of a
3		written order, and the person shall be ineligible to be placed
4		on probation under this Section, but may be considered for the
5		drug court program.
6		(Source: P.A. 98-164, eff. 1-1-14; 98-718, eff. 1-1-15.)
7		(730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
8		(Text of Section from P.A. 94-550, 96-132, 96-402, 96-1234,
9		97-545, and 98-537)
10		Sec. 5-9-1.1. Drug related offenses.
11		(a) When a person has been adjudged guilty of a drug
12		related offense involving possession or delivery of cannabis or
13		possession or delivery of a controlled substance, other than
14		methamphetamine, as defined in the Cannabis Control Act, as
15		amended, or the Illinois Controlled Substances Act, as amended,
16		in addition to any other penalty imposed, a fine shall be
17		levied by the court at not less than the full street value of
18		the cannabis or controlled substances seized.
19		"Street value" shall be determined by the court on the
20		basis of testimony of law enforcement personnel and the
21		defendant as to the amount seized and such testimony as may be
22		required by the court as to the current street value of the
23		cannabis or controlled substance seized.
24		(b) In addition to any penalty imposed under subsection (a)
25		of this Section, a fine of $100 shall be levied by the court,

HB0001 Engrossed - 244 - LRB099 00249 HEP 20254 b
1		the proceeds of which shall be collected by the Circuit Clerk
2		and remitted to the State Treasurer under Section 27.6 of the
3		Clerks of Courts Act for deposit into the Trauma Center Fund
4		for distribution as provided under Section 3.225 of the
5		Emergency Medical Services (EMS) Systems Act.
6		(c) In addition to any penalty imposed under subsection (a)
7		of this Section, a fee of $5 shall be assessed by the court,
8		the proceeds of which shall be collected by the Circuit Clerk
9		and remitted to the State Treasurer under Section 27.6 of the
10		Clerks of Courts Act for deposit into the Spinal Cord Injury
11		Paralysis Cure Research Trust Fund. This additional fee of $5
12		shall not be considered a part of the fine for purposes of any
13		reduction in the fine for time served either before or after
14		sentencing.
15		(d) In addition to any penalty imposed under subsection (a)
16		of this Section for a drug related offense involving possession
17		or delivery of cannabis or possession or delivery of a
18		controlled substance as defined in the Cannabis Control Act,
19		the Illinois Controlled Substances Act, or the Methamphetamine
20		Control and Community Protection Act, a fee of $50 shall be
21		assessed by the court, the proceeds of which shall be collected
22		by the Circuit Clerk and remitted to the State Treasurer under
23		Section 27.6 of the Clerks of Courts Act for deposit into the
24		Performance-enhancing Substance Testing Fund. This additional
25		fee of $50 shall not be considered a part of the fine for
26		purposes of any reduction in the fine for time served either

HB0001 Engrossed - 245 - LRB099 00249 HEP 20254 b
1		before or after sentencing. The provisions of this subsection
2		(d), other than this sentence, are inoperative after June 30,
3		2011.
4		(e) In addition to any penalty imposed under subsection (a)
5		of this Section, a $25 assessment shall be assessed by the
6		court, the proceeds of which shall be collected by the Circuit
7		Clerk and remitted to the State Treasurer for deposit into the
8		Criminal Justice Information Projects Fund. The moneys
9		deposited into the Criminal Justice Information Projects Fund
10		under this Section shall be appropriated to and administered by
11		the Illinois Criminal Justice Information Authority for
12		funding of drug task forces and Metropolitan Enforcement
13		Groups.
14		(f) In addition to any penalty imposed under subsection (a)
15		of this Section, a $40 $20 assessment shall be assessed by the
16		court, the proceeds of which shall be collected by the Circuit
17		Clerk. Of the collected proceeds, (i) 90% shall be remitted to
18		the State Treasurer for deposit into the Prescription Pill and
19		Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
20		the Criminal Justice Information Projects Fund, for use by the
21		Illinois Criminal Justice Information Authority for the costs
22		associated with making grants from the Prescription Pill and
23		Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
24		for deposit into the Circuit Court Clerk Operation and
25		Administrative Fund for the costs associated with
26		administering this subsection.

HB0001 Engrossed - 246 - LRB099 00249 HEP 20254 b
1		(Source: P.A. 97-545, eff. 1-1-12; 98-537, eff. 8-23-13.)
2		(Text of Section from P.A. 94-556, 96-132, 96-402, 96-1234,
3		97-545, and 98-537)
4		Sec. 5-9-1.1. Drug related offenses.
5		(a) When a person has been adjudged guilty of a drug
6		related offense involving possession or delivery of cannabis or
7		possession or delivery of a controlled substance as defined in
8		the Cannabis Control Act, the Illinois Controlled Substances
9		Act, or the Methamphetamine Control and Community Protection
10		Act, in addition to any other penalty imposed, a fine shall be
11		levied by the court at not less than the full street value of
12		the cannabis or controlled substances seized.
13		"Street value" shall be determined by the court on the
14		basis of testimony of law enforcement personnel and the
15		defendant as to the amount seized and such testimony as may be
16		required by the court as to the current street value of the
17		cannabis or controlled substance seized.
18		(b) In addition to any penalty imposed under subsection (a)
19		of this Section, a fine of $100 shall be levied by the court,
20		the proceeds of which shall be collected by the Circuit Clerk
21		and remitted to the State Treasurer under Section 27.6 of the
22		Clerks of Courts Act for deposit into the Trauma Center Fund
23		for distribution as provided under Section 3.225 of the
24		Emergency Medical Services (EMS) Systems Act.
25		(c) In addition to any penalty imposed under subsection (a)

HB0001 Engrossed - 247 - LRB099 00249 HEP 20254 b
1		of this Section, a fee of $5 shall be assessed by the court,
2		the proceeds of which shall be collected by the Circuit Clerk
3		and remitted to the State Treasurer under Section 27.6 of the
4		Clerks of Courts Act for deposit into the Spinal Cord Injury
5		Paralysis Cure Research Trust Fund. This additional fee of $5
6		shall not be considered a part of the fine for purposes of any
7		reduction in the fine for time served either before or after
8		sentencing.
9		(d) In addition to any penalty imposed under subsection (a)
10		of this Section for a drug related offense involving possession
11		or delivery of cannabis or possession or delivery of a
12		controlled substance as defined in the Cannabis Control Act,
13		the Illinois Controlled Substances Act, or the Methamphetamine
14		Control and Community Protection Act, a fee of $50 shall be
15		assessed by the court, the proceeds of which shall be collected
16		by the Circuit Clerk and remitted to the State Treasurer under
17		Section 27.6 of the Clerks of Courts Act for deposit into the
18		Performance-enhancing Substance Testing Fund. This additional
19		fee of $50 shall not be considered a part of the fine for
20		purposes of any reduction in the fine for time served either
21		before or after sentencing. The provisions of this subsection
22		(d), other than this sentence, are inoperative after June 30,
23		2011.
24		(e) In addition to any penalty imposed under subsection (a)
25		of this Section, a $25 assessment shall be assessed by the
26		court, the proceeds of which shall be collected by the Circuit

HB0001 Engrossed - 248 - LRB099 00249 HEP 20254 b
1		Clerk and remitted to the State Treasurer for deposit into the
2		Criminal Justice Information Projects Fund. The moneys
3		deposited into the Criminal Justice Information Projects Fund
4		under this Section shall be appropriated to and administered by
5		the Illinois Criminal Justice Information Authority for
6		funding of drug task forces and Metropolitan Enforcement
7		Groups.
8		(f) In addition to any penalty imposed under subsection (a)
9		of this Section, a $40 $20 assessment shall be assessed by the
10		court, the proceeds of which shall be collected by the Circuit
11		Clerk. Of the collected proceeds, (i) 90% shall be remitted to
12		the State Treasurer for deposit into the Prescription Pill and
13		Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
14		the Criminal Justice Information Projects Fund, for use by the
15		Illinois Criminal Justice Information Authority for the costs
16		associated with making grants from the Prescription Pill and
17		Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
18		for deposit into the Circuit Court Clerk Operation and
19		Administrative Fund for the costs associated with
20		administering this subsection.
21		(Source: P.A. 97-545, eff. 1-1-12; 98-537, eff. 8-23-13.)
22		(730 ILCS 5/5-9-1.1-5)
23		Sec. 5-9-1.1-5. Methamphetamine related offenses.
24		(a) When a person has been adjudged guilty of a
25		methamphetamine related offense involving possession or

HB0001 Engrossed - 249 - LRB099 00249 HEP 20254 b
1		delivery of methamphetamine or any salt of an optical isomer of
2		methamphetamine or possession of a methamphetamine
3		manufacturing material as set forth in Section 10 of the
4		Methamphetamine Control and Community Protection Act with the
5		intent to manufacture a substance containing methamphetamine
6		or salt of an optical isomer of methamphetamine, in addition to
7		any other penalty imposed, a fine shall be levied by the court
8		at not less than the full street value of the methamphetamine
9		or salt of an optical isomer of methamphetamine or
10		methamphetamine manufacturing materials seized.
11		"Street value" shall be determined by the court on the
12		basis of testimony of law enforcement personnel and the
13		defendant as to the amount seized and such testimony as may be
14		required by the court as to the current street value of the
15		methamphetamine or salt of an optical isomer of methamphetamine
16		or methamphetamine manufacturing materials seized.
17		(b) In addition to any penalty imposed under subsection (a)
18		of this Section, a fine of $100 shall be levied by the court,
19		the proceeds of which shall be collected by the Circuit Clerk
20		and remitted to the State Treasurer under Section 27.6 of the
21		Clerks of Courts Act for deposit into the Methamphetamine Law
22		Enforcement Fund and allocated as provided in subsection (d) of
23		Section 5-9-1.2.
24		(c) In addition to any penalty imposed under subsection (a)
25		of this Section, a $25 assessment shall be assessed by the
26		court, the proceeds of which shall be collected by the Circuit

HB0001 Engrossed - 250 - LRB099 00249 HEP 20254 b
1		Clerk and remitted to the State Treasurer for deposit into the
2		Criminal Justice Information Projects Fund. The moneys
3		deposited into the Criminal Justice Information Projects Fund
4		under this Section shall be appropriated to and administered by
5		the Illinois Criminal Justice Information Authority for
6		funding of drug task forces and Metropolitan Enforcement
7		Groups.
8		(d) In addition to any penalty imposed under subsection (a)
9		of this Section, a $40 $20 assessment shall be assessed by the
10		court, the proceeds of which shall be collected by the Circuit
11		Clerk. Of the collected proceeds, (i) 90% shall be remitted to
12		the State Treasurer for deposit into the Prescription Pill and
13		Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
14		the Criminal Justice Information Projects Fund, for use by the
15		Illinois Criminal Justice Information Authority for the costs
16		associated with making grants from the Prescription Pill and
17		Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
18		for deposit into the Circuit Court Clerk Operation and
19		Administrative Fund for the costs associated with
20		administering this subsection.
21		(Source: P.A. 97-545, eff. 1-1-12; 98-537, eff. 8-23-13.)
22		Section 5-115. The Drug Court Treatment Act is amended by
23		changing Section 20 and by adding Sections 45 and 50 as
24		follows:

HB0001 Engrossed - 251 - LRB099 00249 HEP 20254 b
1		(730 ILCS 166/20)
2		Sec. 20. Eligibility.
3		(a) A defendant may be admitted into a drug court program
4		only upon the agreement of the prosecutor and the defendant and
5		with the approval of the court.
6		(b) A defendant shall be excluded from a drug court program
7		if any of one of the following apply:
8		(1) The crime is a crime of violence as set forth in
9		clause (4) of this subsection (b).
10		(2) The defendant denies his or her use of or addiction
11		to drugs.
12		(3) The defendant does not demonstrate a willingness to
13		participate in a treatment program.
14		(4) The defendant has been convicted of a crime of
15		violence within the past 10 years excluding incarceration
16		time. As used in this Section, "crime of violence" means ,
17		including but not limited to: first degree murder, second
18		degree murder, predatory criminal sexual assault of a
19		child, aggravated criminal sexual assault, criminal sexual
20		assault, armed robbery, aggravated arson, arson,
21		aggravated kidnaping, kidnaping, aggravated battery
22		resulting in great bodily harm or permanent disability,
23		stalking, aggravated stalking, or any offense involving
24		the discharge of a firearm.
25		(c) Notwithstanding subsection (a), the defendant may be
26		admitted into a drug court program only upon the agreement of

HB0001 Engrossed - 252 - LRB099 00249 HEP 20254 b
1		the prosecutor if:
2		(1) the defendant is charged with a Class 2 or greater
3		felony violation of:
4		(A) Section 401, 401.1, 405, or 405.2 of the
5		Illinois Controlled Substances Act;
6		(B) Section 5, 5.1, or 5.2 of the Cannabis Control
7		Act;
8		(C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,
9		or 65 of the Methamphetamine Control and Community
10		Protection Act; or
11		(2) the defendant has previously, on 3 or more
12		occasions, either completed a drug court program, been
13		discharged from a drug court program, or been terminated
14		from a drug court program.
15		(5) The defendant has previously completed or has been
16		discharged from a drug court program.
17		(Source: P.A. 92-58, eff. 1-1-02.)
18		(730 ILCS 166/45 new)
19		Sec. 45. Education seminars for drug court prosecutors.
20		Subject to appropriation, the Office of the State's Attorneys
21		Appellate Prosecutor shall conduct mandatory education
22		seminars on the subjects of substance abuse and addiction for
23		all drug court prosecutors throughout the State.
24		(730 ILCS 166/50 new)

HB0001 Engrossed - 253 - LRB099 00249 HEP 20254 b
1		Sec. 50. Education seminars for public defenders. Subject
2		to appropriation, the Office of the State Appellate Defender
3		shall conduct mandatory education seminars on the subjects of
4		substance abuse and addiction for all public defenders and
5		assistant public defenders practicing in drug courts
6		throughout the State.
7		Section 5-120. The Veterans and Servicemembers Court
8		Treatment Act is amended by changing Section 20 as follows:
9		(730 ILCS 167/20)
10		Sec. 20. Eligibility. Veterans and Servicemembers are
11		eligible for Veterans and Servicemembers Courts, provided the
12		following:
13		(a) A defendant, who is eligible for probation based on the
14		nature of the crime convicted of and in consideration of his or
15		her criminal background, if any, may be admitted into a
16		Veterans and Servicemembers Court program only upon the
17		agreement of the prosecutor and the defendant and with the
18		approval of the Court.
19		(b) A defendant shall be excluded from Veterans and
20		Servicemembers Court program if any of one of the following
21		applies:
22		(1) The crime is a crime of violence as set forth in
23		clause (3) of this subsection (b).
24		(2) The defendant does not demonstrate a willingness to

HB0001 Engrossed - 254 - LRB099 00249 HEP 20254 b
1		participate in a treatment program.
2		(3) The defendant has been convicted of a crime of
3		violence within the past 10 years excluding incarceration
4		time. As used in this Section, "crime of violence" means ,
5		including but not limited to: first degree murder, second
6		degree murder, predatory criminal sexual assault of a
7		child, aggravated criminal sexual assault, criminal sexual
8		assault, armed robbery, aggravated arson, arson,
9		aggravated kidnapping and kidnapping, aggravated battery
10		resulting in great bodily harm or permanent disability,
11		stalking, aggravated stalking, or any offense involving
12		the discharge of a firearm or where occurred serious bodily
13		injury or death to any person.
14		(4) (Blank).
15		(5) The crime for which the defendant has been
16		convicted is non-probationable.
17		(6) The sentence imposed on the defendant, whether the
18		result of a plea or a finding of guilt, renders the
19		defendant ineligible for probation.
20		(Source: P.A. 97-946, eff. 8-13-12; 98-152, eff. 1-1-14.)
21		Section 5-125. The Good Samaritan Act is amended by adding
22		Section 36 and by changing Section 70 as follows:
23		(745 ILCS 49/36 new)
24		Sec. 36. Pharmacists; exemptions from civil liability for

HB0001 Engrossed - 255 - LRB099 00249 HEP 20254 b
1		the dispensing of an opioid antagonist to individuals who may
2		or may not be at risk for an opioid overdose. Any person
3		licensed as a pharmacist in Illinois or any other state or
4		territory of the United States who in good faith dispenses or
5		administers an opioid antagonist as defined in Section 5-23 of
6		the Alcoholism and Other Drug Abuse and Dependency Act in
7		compliance with the procedures or protocols developed under
8		Section 19.1 of the Pharmacy Practice Act, or the standing
9		order of any person licensed under the Medical Practice Act of
10		1987, without fee or compensation in any way, shall not, as a
11		result of her or his acts or omissions, except for willful or
12		wanton misconduct on the part of the person, in dispensing the
13		drug or administering the drug, be liable for civil damages.
14		(745 ILCS 49/70)
15		Sec. 70. Law enforcement officers, firemen, Emergency
16		Medical Technicians (EMTs) and First Responders; exemption
17		from civil liability for emergency care. Any law enforcement
18		officer or fireman as defined in Section 2 of the Line of Duty
19		Compensation Act, any "emergency medical technician (EMT)" as
20		defined in Section 3.50 of the Emergency Medical Services (EMS)
21		Systems Act, and any "first responder" as defined in Section
22		3.60 of the Emergency Medical Services (EMS) Systems Act, who
23		in good faith provides emergency care, including the
24		administration of an opioid antagonist as defined in Section
25		5-23 of the Alcoholism and Other Drug Abuse and Dependency Act,

HB0001 Engrossed - 256 - LRB099 00249 HEP 20254 b
1		without fee or compensation to any person shall not, as a
2		result of his or her acts or omissions, except willful and
3		wanton misconduct on the part of the person, in providing the
4		care, be liable to a person to whom such care is provided for
5		civil damages.
6		(Source: P.A. 93-1047, eff. 10-18-04; 94-826, eff. 1-1-07.)