Rep. Lisa Hernandez

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Director of Public Health, if a physician licensed to practice medicine in all its branches in Illinois, shall establish a standing order complete with the issuance of a prescription for a hormonal contraceptive in accordance with the requirements of the provisions. Provides that if the Director is not a physician licensed to practice medicine in all its branches in Illinois, the Medical Director of the Department of Public Health shall establish the standing order. Amends the Illinois Insurance Code. Requires a group or individual policy of accident and health insurance or managed care plan to provide coverage for patient care services provided by a pharmacist. Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, and the School Code. Amends the Pharmacy Practice Act. Provides that the definition of "practice of pharmacy" includes the dispensing of hormonal contraceptives pursuant to the standing order under provisions of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Amends the Illinois Public Aid Code. Requires the medical assistance program to cover patient care services provided by a pharmacist for hormonal contraceptives assessment and consultation. Effective January 1, 2022. House Floor Amendment No. 1 Deletes reference to: 20 ILCS 2310/2310-705 new Adds reference to: 225 ILCS 85/43 new Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Further amends the Pharmacy Practice Act. Sets forth provisions concerning dispensation of hormonal contraceptives. Provides that the Department of Financial and Professional Regulation may adopt rules to implement the provisions. In provisions in the Illinois Public Aid Code concerning coverage for patient care services for hormonal contraceptives provided by a pharmacist, provides that the Department of Public Health (rather than the Director of Public Health) shall apply for any necessary federal waivers or approvals to implement the provisions by January 1, 2022. Provides that the Department shall submit to the Joint Committee on Administrative Rules administrative rules (rather than adopt administrative rules) as soon as practicable but no later than 6 months after federal approval is received (rather than no later than May 1, 2022). Removes changes to the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Removes language that provides that the provisions shall not be implemented until the receipt of all necessary federal waivers or approvals or until January 1, 2024, whichever comes first, and if federal approval is not obtained by January 1, 2024, the provisions shall be implemented using State funds. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2023 (rather than the effective date of the amendatory Act) shall provide coverage for health care or patient care services provided by a pharmacist if specified conditions are met (instead of coverage for patient care services provided by a pharmacist for hormonal contraceptives assessment and consultation). Amends the Pharmacy Practice Act to provide that nothing in the provisions concerning dispensation of hormonal contraceptives shall be interpreted to require a pharmacist to dispense hormonal contraception under a standing order issued by a physician licensed to practice medicine in all its branches or the medical director of a local health department (rather than also under a standing order issued by the Medical Director of the Department of Public Health). Changes the definition of "practice of pharmacy". Effective January 1, 2023 (rather than January 1, 2022). Senate Floor Amendment No. 2 Provides that the bill takes effect on January 1, 2022, except that provisions amending the Illinois Insurance Code take effect on January 1, 2023 (rather than all provisions taking effect on January 1, 2023).

Amends the Code of Civil Procedure. Provides that anything said or done during or in preparation for a restorative justice practice or as a follow-up to that practice, or the fact that the practice has been planned or convened, is privileged and cannot be referred to, used, or admitted in any civil, criminal, juvenile, or administrative proceeding unless the privilege is waived, during the proceeding or in writing, by the party or parties protected by the privilege. Provides that the legitimacy of a restorative justice practice, if challenged in any civil, juvenile, criminal, or administrative proceeding, shall be determined by a judge. Provides that the privilege does not apply when: (1) disclosure is necessary to prevent death, great bodily harm, or the commission of a crime; (2) necessary to comply with another law; or (3) a court, tribunal, or administrative body requires a report on a restorative justice practice, but such report shall be limited to the fact that a practice has taken place, an opinion regarding the success of the practice, and whether further restorative justice practices are expected. Effective immediately.

Amends the Illinois Banking Act. Makes a technical change in a Section concerning the primary powers of banks. House Floor Amendment No. 4 Deletes reference to: 205 ILCS 5/3 from Ch. 17, par. 309 Adds reference to: 5 ILCS 100/5-45 from Ch. 127, par. 1005-45 410 ILCS 130/55 410 ILCS 130/100 410 ILCS 130/115 410 ILCS 130/115.5 new 410 ILCS 130/130 410 ILCS 130/145 410 ILCS 130/162 new 410 ILCS 705/1-10 410 ILCS 705/5-45 410 ILCS 705/7-30 410 ILCS 705/10-25 410 ILCS 705/10-40 410 ILCS 705/15-15 410 ILCS 705/15-25 410 ILCS 705/15-30 410 ILCS 705/15-30.20 new 410 ILCS 705/15-35 410 ILCS 705/15-35.10 new 410 ILCS 705/15-35.20 new 410 ILCS 705/15-40 410 ILCS 705/15-70 410 ILCS 705/15-85 410 ILCS 705/15-135 410 ILCS 705/20-30 410 ILCS 705/20-55 new 410 ILCS 705/25-5 410 ILCS 705/25-30 410 ILCS 705/25-35 410 ILCS 705/30-5 410 ILCS 705/30-30 410 ILCS 705/30-55 new 410 ILCS 705/35-5 410 ILCS 705/35-25 410 ILCS 705/35-30 410 ILCS 705/35-45 new 410 ILCS 705/40-25 410 ILCS 705/40-30 410 ILCS 705/40-45 new 410 ILCS 705/55-21 410 ILCS 705/55-28 410 ILCS 705/55-30 625 ILCS 5/11-502.1 625 ILCS 5/11-502.15 Replaces everything after the enacting clause. Amends the Compassionate Use of Medical Cannabis Program Act. Provides that, for any dispensing organization registered on or after January 1, 2021 (rather than July 1, 2019), the Department of Financial and Professional Regulation shall adopt rules to create a registration process for Social Equity Justice Involved Applicants and Qualifying Applicants, a streamlined application, and a Social Equity Justice Involved Medical Lottery under to issue the remaining available 5 dispensing organization registrations for operation (rather than award not less than 20% of all available points to applicants that qualify as Social Equity Applicants). Defines "Social Equity Justice Involved Medical Lottery". Contains other provisions. Amends the Cannabis Regulation and Tax Act. Provides that specified entities are subject to random inspections as provided by rule. Provides that the Cannabis Regulation Oversight Officer serves a coordinating role among State agencies regarding the Act and the Compassionate Use of Medical Cannabis Program Act. Provides that failure of a cannabis business establishment to respond to the request of the Cannabis Regulation Oversight Officer to complete the form regarding the extent of diversity in the medical and adult use cannabis industry, report, and any other request for information may be grounds for disciplinary action by the Department of Financial and Professional Regulation or the Department of Agriculture. Requires the Department of Financial and Professional Regulation to issue up to 110 Conditional Adult Use Dispensing Organization Licenses by lot. Contains requirements for Dispensary Applicants, distribution of licenses, and drawing available licenses by lot. Provides an application process for requirements for specified Conditional Adult Use Dispensing Organization Licenses. Requires the Department to issue at least 50 additional Conditional Adult Use Dispensing Organization Licenses on or before December 21, 2022. Makes changes to cannabis packaging requirements during sale. Provides that, upon the completion of the disparity and availability study pertaining to infusers by the Cannabis Regulation Oversight Officer, the Department of Agriculture may modify or change specified licensing application processes to reduce or eliminate barriers and remedy evidence of discrimination identified in the study. Provides that agent applicants may begin employment at a cultivation center, a dispensing organization, a Community College Cannabis Vocational Training Pilot Program, an infuser organization, or a transporting organization while the agent applicant's identification card application is pending. Provides that, upon approval, the approving State entity shall issue the agent's identification card to the agent. Provides that, if denied, the cultivation center, dispensing organization, Community College Cannabis Vocational Training Pilot Program, infuser organization, or transporting organization and the agent applicant shall be notified and the agent applicant must cease all activity at the cultivation center, dispensing organization, Community College Cannabis Vocational Training Pilot Program, infuser organization, or transporting organization immediately. Contains provisions regarding the disclosure of ownership and control of cultivation centers, craft growers, infuser organizations, and transporting organizations. Makes other changes. Amends the Illinois Vehicle Code. Makes changes to cannabis containment requirements within a motor vehicle. Contains a severability provision. Effective immediately. House Floor Amendment No. 6 Adds reference to: 410 ILCS 705/10-35 In provisions amending the Compassionate Use of Medical Cannabis Program Act, makes changes to the definition of "Social Equity Justice Involved Applicant". Requires cannabis in a vehicle to be in a reasonably secured, sealed or resealable (rather than a reasonable secured, sealed) container. In provisions amending the Cannabis Regulation and Tax Act, makes the following changes. Removes language providing that any person 21 years of age or older in possession of cannabis shall not be required to possess cannabis in a container that meets specified requirements. Provides an exception for breaching the confidentiality of information obtained under the Act. Provides that an Early Approval Adult Use Dispensing Organization's application to relocate its license under specified provisions shall be deemed approved 30 days (rather than within 30 days) following the submission of a complete application to relocate. Provides that specified applicants may not be located within 1,500 of a dispensing organization licensed under provisions regarding Early Approval Adult Use Dispensing Organization Licenses or Early Approval Adult Use Dispensing Organization License secondary sites (rather than within 1,500 of a dispensing organization), unless specified requirements are met. Provides that if awarding a license in a Tied Applicant Lottery would result in a Tied Applicant possessing more than 10 specified licenses, or any combination of the specified licenses, (rather than only the specified licenses) the Tied Applicant must choose which license to abandon. Restores language requiring any product containing cannabis to be sold in a container that, among other things, must be odor-proof.

Amends the Children with Disabilities Article of the School Code. Requires a school district to provide notification to the parent or guardian of a student with an individualized education program (IEP) that the student may be eligible to receive additional specified services, benefits, or resources. Provides that the written notification must be provided no later than 30 days following the implementation of the initial IEP and once a year thereafter. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Removes the requirement that a school district provide written notification concerning Supplemental Security Income and a special-needs trust. Provides that a school district must provide the written notification concerning the Prioritization of Urgency of Need for Services database to the parent or guardian at the initial meeting between the school district and the parent or guardian to develop the student's individualized education program and once a year thereafter at a regularly scheduled individualized education program meeting (rather than no later than 30 days following the implementation of the initial individualized education program and once a year thereafter). Requires a school district to provide to the parent or guardian of a student with an individualized education program a copy of the Department of Human Services' guide titled "Understanding PUNS". Effective immediately. House Floor Amendment No. 2 Deletes reference to: 105 ILCS 5/14-17 new Adds reference to: 105 ILCS 5/2-3.163 Replaces everything after the enacting clause. Amends the School Code. In provisions concerning the Prioritization of Urgency of Need for Services database, requires the State Board of Education, in consultation with the Department of Human Services, through school districts, to provide to parents and guardians of students a copy of the Department of Human Services' guide titled "Understanding PUNS: A Guide to Prioritization for Urgency of Need for Services" each year at the annual review meeting for the student's individualized education program (rather than requiring the State Board of Education, in consultation with the Department of Human Services, to inform parents and guardians of students through school districts about the Prioritization of Urgency of Need for Services waiting list). Effective immediately.

Amends the Children and Family Services Act. In provisions requiring the Department of Children and Family Services to submit annual reports to the General Assembly concerning youth in care who are awaiting placement or psychiatric hospitalization (rather than placement), provides that the reports are to be submitted no later than December 31 of each year (rather than on December 31 of each year through December 31, 2023). Requires the reports to be posted on the Department's website and to include specified information, including: (i) the number of youth in care placed in out-of-state residential treatment facilities, whether each youth was referred to any in-state programs for placement and, if so, the number of in-state referrals for each youth prior to referring the youth to out-of-state programs; (ii) the number of youth not in the temporary custody or guardianship of the Department who are the subjects of open child protection cases, intact family cases, or any other types of child welfare case, including, but not limited to, those youth for whom the Department is required to make medical assistance payments because they were hospitalized in inpatient psychiatric hospitals or units and were beyond medical necessity during the Department's involvement with the case; and (iii) the number of youth in care who remain in emergency rooms for longer than 24 hours waiting for admission to a psychiatric hospital bed. Effective immediately.

Amends the Business Corporation Act of 1983, the General Not For Profit Corporation Act of 1986, and the Limited Liability Company Act. Provides that, with respect to entities organized under these Acts, the Secretary of State shall publish data required to be maintained by the Secretary in a machine-readable form that is freely available to the public. Abolishes charges for that data. Effective immediately. House Committee Amendment No. 2 Provides that data sets made available are provided for informational purposes only. Provides that the Secretary of State does not warrant the completeness, accuracy, content, or fitness for any particular purpose or use of any public data set made available on the web portal, nor are such warranties to be implied or inferred with respect to the public data sets furnished under the Acts. Provides that the State does not incur liability related to the data made available. Changes the effective date to January 1, 2022.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, in applying the regional wage adjuster component of the RUG-IV 48 reimbursement methodology, no adjuster shall be lower than 0.95. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill, but with the following change: provides that, in applying the regional wage adjuster component of the RUG-IV 48 reimbursement methodology, no adjuster shall be lower than 1.0 (rather than 0.95). Effective immediately.

Amends the Downstate Police and Downstate Firefighter Articles of the Illinois Pension Code. Provides that at any time during the 6 months following the effective date of the amendatory Act, an active member of a downstate firefighters' pension fund may apply for transfer to that fund of up to 8 years of his or her creditable service accumulated in a police pension fund that is administered by another unit of local government if that active member was not subject to disciplinary action when he or she terminated employment with that police department. Makes conforming changes. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective January 1, 2022. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that at any time during the 6 months following the effective date of the amendatory Act, an active member of a downstate firefighters' pension fund may apply for transfer to that fund of up to 8 years of his or her creditable service accumulated in a police pension fund that is administered by a unit of local government (rather than another unit of local government) if that active member was not subject to disciplinary action when he or she terminated employment with that police department. Makes conforming changes. Effective immediately.

Creates the Student Parent Data Collection Act. Beginning September 1, 2021, requires each public institution of higher education to determine the parental status of each of its enrolled students and collect specified information about the student if the student indicates that the student is a parent. Beginning September 1, 2021, requires each public institution of higher education that operates one or more child care centers or early learning centers on its campus or is otherwise affiliated with a child care center or early learning center to collect specified information concerning the number of children served. Sets forth reporting and privacy requirements. Effective July 1, 2021. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Makes changes to the definition of "parent". Requires the Board of Higher Education to prepare a question or questions to be placed on one or more forms that are used by a public institution of higher education on an annual basis to collect demographic data from its students for the purpose of determining the parental status or legal guardian status of each of its enrolled students (rather than beginning September 1, 2021, requiring each public institution of higher education to determine the parental status of each of its enrolled students and collect specified information about the student if the student indicates that the student is a parent). Removes certain information required to be collected regarding child care centers or early learning centers. Provides that the Board of Higher Education and the Illinois Community College Board may adopt rules concerning the reporting of data to protect student privacy while satisfying the requirements of the Act. Effective July 1, 2021.

Amends the Illinois Wage Payment and Collection Act. Provides that an employee is entitled to recover damages of 5% (rather than 2%) of the amount of any underpayments in wages for each month following the date of payment during which such underpayments remain unpaid. Effective immediately.