Rep. Kam Buckner

Mourns the passing of LeRoy Franklin Lilly.

Amends the Criminal Code of 2012. Provides that for purposes of the Sex Offenses Article of the Code, "unable to give knowing consent" also includes when the victim is intoxicated, but the accused did not provide or administer the intoxicating substance. House Floor Amendment No. 1 Replaces the amendatory language of the bill. Provides that "unable to give knowing consent" also includes when the victim has taken an intoxicating substance or any controlled substance causing the victim to become unconscious of the nature of the act, and this condition was known or reasonably should have been known by the accused, but the accused did not provide or administer the intoxicating substance.

Amends the Code of Criminal Procedure of 1963. Creates the Commission on Children of Incarcerated Parents, within the Department of Human Services, which shall reflect the diversity of the State of Illinois, including geographic, racial, ethnic, and diversity of life experience. Provides that the Commission shall be responsible for implementing and coordinating the recommendations of the Task Force on Children of Incarcerated Parents. Provides for appointments to the Commission. Provides that once all its members have been appointed as provided in this Act, the Commission may exercise any power, perform any function, take any action, or do anything in furtherance of its purposes and goals. Provides that the Commission shall: (1) meet at least 4 times per year beginning within 30 days after the appointment of a quorum of its members; (2) identify resources, strategies, and legislative proposals to support the full administration and implementation of the Task Force on Children of Incarcerated Parents recommendations; (3) develop a strategic plan that outlines specific goals, information-gathering activities, benchmarks, and timelines towards achieving the purpose of the Commission to fully implement the recommendation of the Task Force on Children of Incarcerated Parents; and (4) deliver an annual report to the General Assembly and to the Governor to be posted on the Governor's and General Assembly's websites and provide to the public an annual report on its progress. Provides that a draft of the report shall be released for public comment and feedback and shall be solicited from relevant stakeholders, including individuals impacted by parental incarceration, law enforcement, and advocates from local governmental family services agencies and non-profit service providers. Provides that the General Assembly may appropriate funds to the Department of Human Services for the purpose of funding the work of the Commission or services provided under these provisions. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Eliminates the legislative members of the Commission. Replaces these members with: (1) one member from an organization that facilitates visitation between incarcerated parents and children; (2) one member who is a researcher or member of an academic profession and has studied issues related to the impact of incarceration on youth; (3) one member who represents an organization with expertise in gender-responsive practices and assessing the impact of incarceration on women; and (4) one male who has previously been incarcerated and has been directly impacted by policies relating to children of incarcerated parents. Makes grammatical corrections.

Amends the Sexual Assault Survivors Emergency Treatment Act. Changes the definition of "follow-up healthcare" to mean specified healthcare services within 180 (instead of 90) days of the initial visit for medical forensic services. Makes corresponding changes. Senate Floor Amendment No. 1 Adds reference to: 410 ILCS 70/2-1 410 ILCS 70/5-1 410 ILCS 70/7.5 410 ILCS 70/9.5 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that the Department of Public Health shall not approve sexual assault treatment plans for more than 6 federally qualified health centers, which must be located in geographically diverse areas of the State. Provides that specified requirements apply to approved federally qualified health centers. Includes additional information that must be posted on signage at each public entrance to an approved federally qualified health center if it is not open 24 hours a day, 7 days a week. Prohibits approved federally qualified health centers from billing sexual assault survivors directly for certain services. Provides that, notwithstanding any other provision of law, a sexual assault survivor who is not the subscriber or primary policyholder of the sexual assault survivor's insurance policy may opt out of billing the sexual assault survivor's private insurance provider. Provides that if the sexual assault survivor opts out of billing the sexual assault survivor's private insurance provider, then the bill for medical forensic services shall be sent to the Department of Healthcare and Family Services' Sexual Assault Emergency Treatment Program for reimbursement for the services provided to the sexual assault survivor. Adds a member to the Sexual Assault Medical Forensic Services Implementation Task Force. Requires the Task Force's report to the General Assembly to be submitted by January 1, 2024 (rather than January 1, 2023) and to include additional specified information. Provides that the provisions regarding the Task Force are repealed on January 1, 2025 (rather than January 1, 2024). House Committee Amendment No. 1 Adds reference to: 410 ILCS 70/7.5-1 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Removes language requiring specified medical forensic services to be provided by a physician, physician assistant, or advanced practice registered nurse who has received specified training. Provides that, if a federally qualified health center's treatment plan is terminated, the federally qualified health center must submit to the Department for approval, before providing medical forensic services, a new treatment plan and a list of qualified medical providers to ensure coverage for the days and hours of operation. Provides that a federally qualified health center must employ a Sexual Assault Nurse Examiner Coordinator who is a qualified medical provider and a Medical Director who is a qualified medical provider. Provides that an approved federally qualified health center must report each instance that a sexual assault survivor is transferred to a treatment hospital, treatment hospital with approved pediatric transfer, or an approved pediatric health care facility to the Department within 24 hours of the transfer, in a form and manner prescribed by the Department, including the reason for the transfer. Provides that each approved federally qualified health center shall ensure that specified physicians, physician assistants, advanced practice registered nurses, and registered professional nurses receive specified sexual assault training and continuing education. Provides that sexual assault training provided under the provisions may be provided in person or online and shall include specified information. Provides that an approved federally qualified health center that has a memorandum of understanding with a rape crisis center must notify the rape crisis center immediately if medical forensic services are not available during the approved federally qualified health center's hours of operation or if the approved federally qualified health center's treatment plan is terminated by the Department. Provides that changes to specified provisions are effective immediately. Makes other changes.

Amends the Illinois Insurance Code to provide that a group or individual policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2023 shall provide coverage for continuous glucose monitors. Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, the Voluntary Health Services Plans Act, and the Medical Assistance Article of the Illinois Public Aid Code. Senate Floor Amendment No. 1 Deletes reference to: 215 ILCS 5/356z.43 new Adds reference to: 215 ILCS 5/356z.53 new Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. 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, 2024 (rather than 2023) shall provide coverage for medically necessary continuous glucose monitors for individuals who are diagnosed with type 1 or type 2 diabetes and require insulin for the management of their diabetes (rather than provide coverage for continuous glucose monitors).

Creates the Human Service Professional Loan Repayment Program Act. Creates the Human Service Professional Loan Repayment Program, which shall be administered by the Illinois Student Assistance Commission, to provide loan repayment assistance to eligible direct service professionals practicing in a community-based, human service agency that contracts with or is grant funded by a State agency. Contains provisions concerning applications, award amounts, eligibility and work requirements, and rules. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Provides that the program's provision of loan repayment assistance is subject to appropriation, and makes a related change. Corrects grammatical errors, including changing references from "human service" to "human services". Adds an effective date of January 1, 2023, and makes a related change. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the contents of the bill as amended by Senate Amendment No. 1 with the following changes. Removes the definition of eligible applicant. Changes the definition of professional to an individual employed by a human service agency that contracts with or is grant-funded by a State agency for specified purposes. Removes the requirement of a qualified program to be in the human services field for the purpose of training and preparing students to be human service professionals. Changes references from a direct service professional to a human service professional or a professional. Removes as eligibility criteria being a United States citizen or eligible noncitizen and holding a degree from a qualified program. Requires an applicant to remain a full-time employee as a human service professional in the same community-based human service agency for at least 12 months after receiving the grant (instead of remain a full-time employee as a human service professional in a community-based human service agency at least 12 months after receiving the grant). Removes provisions concerning repayment of grant or stipend funds if the professional does not complete a required period of employment as a human service professional. Effective January 1, 2023.

Creates the Drug Take-Back Act. Requires covered manufacturers to, no later than July 1, 2022 or 6 months after becoming a covered manufacturer, whichever is later, participate in an approved drug take-back program or have established and implemented a drug take-back program independently or as part of a group of covered manufacturers. Provides requirements for the drug take-back program and for manufacturer program operators. Requires each manufacturer program operator to submit a proposal for the establishment and implementation of a drug take-back program to the Environmental Protection Agency for review and approval. Contains provisions regarding changes or modifications to drug take-back programs, promotion of drug take-back programs, annual reports, funding, and reimbursement. Requires covered manufacturers and manufacturer program operators to submit an annual $5,000 registration fee. Specifies civil penalties for violation of the Act. Preempts home rule powers. Contains other provisions. Amends the Freedom of Information Act. Provides that proprietary information submitted to the Environmental Protection Agency under the Drug Take-Back Act is exempt from inspection and copying under the Act. Effective immediately. House Committee Amendment No. 1 Adds reference to: 415 ILCS 5/22.15 from Ch. 111 1/2, par. 1022.15 415 ILCS 5/22.55 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that each covered manufacturer must, beginning January 1, 2024 (rather than no later than July 1, 2022) or 6 months after becoming a covered manufacturer, individually or collectively implement (rather than participate in) an approved drug take-back program. Requires a drug take-back program to provide for the collection, transportation, and disposal of covered drugs. Provides that specified requirements shall be undertaken by a drug take-back program or a covered manufacturer (rather than a manufacturer program operator). Requires the Environmental Protection Agency to review all proposals in conjunction with one another to ensure the proposals are coordinated to achieve authorized collection site coverage. Requires the Agency to either approve, reject, or approve with modification a proposal within 90 days after receiving it. Requires drug take-back program promotion to be implemented by all drug take-back programs collectively. Provides that a manufacturer program operator shall (rather than may) allocate administration and operation costs of programs to participating covered manufacturers. Requires each covered manufacturer and manufacturer program operator to register with the Agency and submit the registration fee by January 1, 2023 (rather than April 1, 2022), and by January 1 (rather than April 1) of each year thereafter. Removes language requiring penalties collected under the Act to be used in accordance with the Act's provisions. Removes language allowing the Agency to impose a civil penalty for a violation of the Act of $7,000 per violation per day. Makes other changes. Amends the Environmental Protection Act. Provides that moneys in the Solid Waste Management Fund shall be used for the administration of the Drug Take-Back Act. Removes provisions requiring the Agency to (1) develop and implement a public information program regarding household waste drop-off points that accept pharmaceutical products, as well as mail-back programs; (2) develop a sign that provides information on the proper disposal of unused pharmaceutical products; and (3) establish, by rule, a statewide medication take-back program by June 1, 2016 to ensure that there are pharmaceutical product disposal options regularly available for residents across the State. Makes other changes. Effective immediately. House Floor Amendment No. 2 Provides that "covered drug" means, among other things, a drug. Makes a typographical change. Senate Committee Amendment No. 1 In provisions of the Drug Take-Back Act, makes the following changes. Provides that "covered drug" does not include drugs sold at retail as a unit dose package or homeopathic drugs. Makes changes to the definition of "proprietary information". Provides that program promotion requirements do not apply to any drug take-back program established prior to the Act's effective date that provides promotional or educational materials to the public about the proper collection and management of covered drugs. Provides that each covered manufacturer and covered manufacturer program operator shall submit a registration fee of $2,500 (rather than $5,000). Senate Committee Amendment No. 2 Removes language providing that the definition of "covered manufacturer" does not include a pharmacy. Provides that private label distributors and repackagers are not covered manufacturers. Senate Floor Amendment No. 3 Requires the Environmental Protection Agency to provide a 30-day public comment period on drug take-back program proposals and revised proposals during specified 90-day periods. Provides that the reason for the Agency's rejection of a drug take-back program proposal must be provided in the written notification to the manufacturer program operator.

Creates the Task Force on Missing and Murdered Chicago Women Act. Creates the Task Force on Missing and Murdered Chicago Women. Provides for the composition of the Task Force and its appointment and meetings. Provides that the Task Force must examine and report on the following: (1) the systemic causes behind violence that Chicago women and girls experience, including patterns and underlying factors that explain why disproportionately high levels of violence occur against Chicago women and girls, including underlying historical, social, economic, institutional, and cultural factors that may contribute to the violence; (2) appropriate methods for tracking and collecting data on violence against Chicago women and girls, including data on missing and murdered Chicago women and girls; (3) policies and institutions such as policing, child welfare, medical examiner practices, and other governmental practices that impact violence against Chicago women and girls and the investigation and prosecution of crimes of gender-related violence against Chicago residents; (4) measures necessary to address and reduce violence against Chicago women and girls; and (5) measures to help victims, victims' families, and victims' communities prevent and heal from violence that occurs against Chicago women and girls. Provides that the Task Force shall report annually to the General Assembly and the Governor on the work of the Task Force. House Floor Amendment No. 1 Provides that the Executive Director of the Illinois Criminal Justice Information Authority or the Executive Director's designee, in consultation with the Director of the Illinois State Police and Chicago Police Superintendent, shall appoint the non-legislative members to the Task Force. Provides that the Illinois Criminal Justice Information Authority (rather than the Illinois State Police) shall provide meeting space and assistance as necessary for the Task Force to conduct its work. Provides that the chair of the Task Force may call electronic meetings of the Task Force. Provides that a member of the Task Force participating electronically shall be deemed present for purposes of establishing a quorum and voting. Senate Committee Amendment No. 1 Changes from December 31, 2021 to December 31, 2024 the date by which the Task Force must initially report its work to the Governor and General Assembly.

Creates the Bias-Free Child Removal Pilot Program Act. Provides that subject to appropriation, the Department of Children and Family Services shall establish a 3-year Bias-Free Child Removal Pilot Program no later than July 1, 2023 for the purpose of promoting unbiased decision-making in the child removal process with the goal of decreasing the overrepresentation of BIPOC children in out-of-home placements. Requires the Department to choose a county that, based on a county-based analysis, indicates the highest rates of racial disproportionality. Requires the identified county to utilize a bias-free child removal strategy when deciding whether a child should be removed from his or her parents' home. Requires the Department to identify a public university to develop an evaluation design which identifies a control group (a county that does not utilize a bias-free child removal strategy) and compare those results with the intervention group (a county that utilizes a bias-child removal strategy). Provides that no later than January 1, 2023, the Department shall establish a Bias-Free Child Removal Review Committee consisting of an interdisciplinary, diverse group of 9 child welfare professionals and advocates for the purpose of creating the pilot program and the pre-implementation plan for the pilot program. Requires the Department to establish other procedures and protocols concerning (i) which diverse group of professions should be represented on the Committee, including required degrees, credentials, and experience, (ii) the frequency of bias-free child removal meetings, and (iii) decision-making protocols concerning removal. Contains provisions concerning certain demographic information that must be redacted from a child's case notes report prior to a determination on removal; the Department's evaluation reports to the General Assembly; and other matters. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Creates the Bias-Free Child Removal Pilot Program Act. Provides that the purpose of the Act is to: (1) require the Department of Children and Family Services to establish a 3-year, Bias-Free Child Removal Pilot Program for the purpose of promoting unbiased decision making in the child removal process, while maintaining the safety of children and reducing risk, with the goal of decreasing the overrepresentation of BIPOC children in out-of-home placements; (2) establish a pre-implementation steering committee to: (i) develop and implement the Bias-Free Removal Pilot Program by January 1, 2024; (ii) recruit members for the Bias-Free Case Review Team; and (iii) recruit members for the Bias-Free Child Removal Advisory Board; (3) establish a Bias-Free Case Review Team consisting of a child protection supervisor, an area administrator, and a regional administrator from an area other than the pilot area to: (i) review removal decisions absent specific demographic information; and (ii) determine whether removal of the child is necessary to avoid imminent risk to his or her safety, health, and well-being; and (4) establish a Bias-Free Child Removal Advisory Board to monitor and oversee the Bias-Free Case Review Team and ensure that the Bias-Free Case Review Team executes bias-free removals in accordance with the provisions of the Act. Contains provisions on the 3-year Bias-Free Child Removal Pilot Program and its implementation in field offices located in Cook County, Champaign County, and St. Clair County; Department reports to the General Assembly that detail the pilot program's implementation and that provide an analysis of the pilot program's effect and impact on the removal rates of BIPOC children; establishment of a steering committee by January 1, 2023; the steering committee's composition and duties, including the development of a written plan and requirements for the pilot program; the composition and duties of the Bias-Free Case Review Team; the requirement that certain demographic and identifiable information concerning children and parents be redacted from intake summaries, case notes, and investigations; the Department's development of a tool or rubric for the Review Team to fully document the decision-making process and what led to the final decision; the composition and duties of a Bias-Free Child Removal Advisory Board; the criteria that must be met to justify statewide expansion of the pilot program; and other matters. Provides that the Department shall adopt rules, policies, and procedures necessary to implement the Act with the assistance of the steering committee. Provides that the Act is repealed on January 1, 2027. Effective immediately. Senate Committee Amendment No. 2 Replaces everything after the enacting clause. Creates the Bias-Free Child Removal Pilot Program Act. Provides that the purpose of the Act is to: (1) require the Department of Children and Family Services to establish a 3-year, Bias-Free Child Removal Pilot Program for the purpose of promoting unbiased decision making in the child removal process, while maintaining the safety of children and reducing risk, with the goal of decreasing the overrepresentation of BIPOC children in out-of-home placements; (2) establish a steering committee to: (i) develop and implement the Bias-Free Removal Pilot Program by January 1, 2024; (ii) appoint members for the Bias-Free Case Review Team; and (iii) appoint members for the Bias-Free Child Removal Advisory Board; (3) establish a Bias-Free Case Review Team consisting of a child protection supervisor, an area administrator, and a regional administrator from an area other than the pilot area to: (i) review removal decisions absent specific demographic information; and (ii) determine whether removal of the child is necessary to avoid imminent risk to the child's safety, health, and well-being; and (4) establish a Bias-Free Child Removal Advisory Board to monitor and oversee the Bias-Free Case Review Team and ensure that the Bias-Free Case Review Team executes bias-free removals in accordance with the provisions of the Act. Contains provisions on the 3-year Bias-Free Child Removal Pilot Program and its implementation in field offices located in DuPage County, Champaign County, and Williamson County; Department reports to the General Assembly that detail the pilot program's implementation and that provide an analysis of the pilot program's effect and impact on the removal rates of BIPOC children; establishment of a steering committee by January 1, 2023; the steering committee's composition and duties, including the development of a written plan and requirements for the pilot program; the composition and duties of the Bias-Free Case Review Team; the requirement that certain demographic and identifiable information concerning children and parents be redacted from intake summaries, case notes, and investigations; the Department's development of a tool or rubric for the Review Team to fully document the decision-making process and what led to the final decision; the composition and duties of a Bias-Free Child Removal Advisory Board; the criteria that must be met to justify statewide expansion of the pilot program; and other matters. Provides that the Department shall adopt rules, policies, and procedures necessary to implement the Act with the assistance of the steering committee. Provides that the Act is repealed on January 1, 2027. Effective immediately. Senate Floor Amendment No. 4 Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment No. 2 with the following changes: Provides that the steering committee shall include 5 staff members from the Department of Children and Family Services (rather than 3 staff members from the Department) which shall include a child protection investigator and a child protection supervisor. Requires the steering committee to include in the development of the Bias-Free Child Removal Pilot Program (i) a decision regarding a timeline for convening the Bias-Free Case Review Team and (ii) how and when the child protection investigator or child protection supervisor shall present an investigation to the Bias-Free Case Review Team. Provides that the pilot program shall not prevent a child protection investigator or supervisor from performing routine assignments required under Department policy after taking protective custody of a child. Provides that the redaction of case file information or the preparation of case files for the Review Team shall not be completed by the child protection investigator or the child protection supervisor. In a provision requiring the Review Team to make a final decision on whether a child's removal should be upheld, removes language requiring the Review Team to make that final decision as soon as possible but no later than 48 hours prior to a shelter care hearing. Effective immediately.

Amends the Pharmacy Practice Act. Provides that the definition of "practice of pharmacy" includes the initiation, dispensing, or administration of drugs, laboratory tests, assessments, referrals, and consultations for human immunodeficiency virus pre-exposure prophylaxis and human immunodeficiency virus post-exposure prophylaxis. Provides that as applicable to the State's Medicaid program and other payers, patient care services ordered and administered by a pharmacist shall be covered and reimbursed at no less than 85% of the rate that the services are covered and reimbursed when ordered or administered by physicians. Provides that a pharmacist shall provide patient care services for human immunodeficiency virus pre-exposure prophylaxis and human immunodeficiency virus post-exposure prophylaxis to a patient after satisfying specified requirements. Amends the Illinois Public Aid Code. Provides that specified provisions concerning coverage of patient care services provided by a pharmacist shall apply to all patient care services provided by a pharmacist (rather than patient care services for hormonal contraceptives assessment and consultation only). Effective immediately. House Floor Amendment No. 1 Deletes reference to: 225 ILCS 85/43 Adds reference to: 210 ILCS 25/7-101 from Ch. 111 1/2, par. 627-101 210 ILCS 25/7-102 from Ch. 111 1/2, par. 627-102 215 ILCS 5/356z.1a new 225 ILCS 85/9 from Ch. 111, par. 4129 225 ILCS 85/43.5 new Replaces everything after the enacting clause. Amends the Pharmacy Practice Act. Provides that in accordance with a standing order by a physician licensed to practice medicine in all its branches or the medical director of a county or local health department, a pharmacist may provide patients with prophylaxis drugs for human immunodeficiency virus pre-exposure prophylaxis or post-exposure prophylaxis. Provides that a pharmacist may provide initial assessment and dispensing of prophylaxis drugs for human immunodeficiency virus pre-exposure prophylaxis or post-exposure prophylaxis. Contains requirements for the standing order. Provides that a pharmacist must communicate the services provided under the provisions to the patient and the patient's primary health care provider or other health care professional or clinic, if known. Provides that if there is no primary health care provider provided by the patient, then the pharmacist must give a list of primary health care providers or clinics in the area. Provides that a pharmacist shall complete an educational training program accredited by the Accreditation Council for Pharmacy Education or Department of Financial and Professional Regulation related to human immunodeficiency virus pre-exposure prophylaxis and human immunodeficiency virus post-exposure prophylaxis. Makes conforming and other changes. Makes corresponding changes in the Illinois Clinical Laboratory and Blood Bank Act. Amends the Illinois Insurance Code. Provides that an insurance carrier or third-party payor shall reimburse a pharmacist or other health care professional for dispensing HIV prophylaxis medications and providing other services to a covered person in accordance with the current version of the guidelines of the Centers for Disease Control and Prevention and the United States Preventive Services Task Force. Provides that reimbursement shall provide an adequate consultation fee or, if medical billing is not available, an enhanced dispensing fee that is equivalent to 85% of the fees for services provided by an advanced practice registered nurse or physician. Amends the Illinois Public Aid Code. Provides that services provided by the pharmacist under the provisions concerning HIV prophylaxis in the Pharmacy Practice Act shall be covered and reimbursed at no less than 85% of the rate that the services are reimbursed when provided by a physician. Makes other changes. Effective January 1, 2023. Senate Committee Amendment No. 1 Deletes reference to: 215 ILCS 5/356z.1a new Adds reference to: 215 ILCS 5/356z.45 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 shall provide coverage for health care or patient care services provided by a pharmacist if the pharmacist meets the requirements and scope of practice as set forth in provisions concerning HIV prophylaxis of the Pharmacy Practice Act (instead of a provision providing that an insurance carrier or third-party payor shall reimburse a pharmacist or other health care professional for dispensing HIV prophylaxis drugs and providing services under provisions concerning HIV prophylaxis of the Pharmacy Practice Act to a covered person in accordance with the current version of the guidelines of the Centers for Disease Control and Prevention and the United States Preventive Services Task Force).