Sen. Laura Ellman

Amends the Pawnbroker Regulation Act. Makes a technical change in a Section concerning violations of the Act.

Amends the Illinois Controlled Substances Act. Eliminates the provision that the dispenser of a Schedule II, III, IV, or V controlled substance must transmit to the central repository the date the controlled substance is dispensed. Provides that a dispenser must transmit the information electronically as defined in administrative rules. Provides that it is the responsibility of the healthcare facility and its selected Electronic Health Records System or Pharmacy Management System to ensure integration with the Prescription Monitoring Program. Provides that within one year after the effective date of the amendatory Act, the Department of Human Services shall adopt rules requiring Electronic Health Records Systems and Pharmacy Management Systems to interface with the Prescription Monitoring Program application program on or before January 1, 2024 to ensure that providers have access to specific patient records during the treatment of their patients. Provides that these rules may define integration requirements and exceptions. Provides that these rules may also address the electronic integration of pharmacy records with the Prescription Monitoring Program to allow for faster transmission of the information required by these provisions. Provides that the Department may establish actions to be taken if a prescriber's Electronic Health Records System and Pharmacy Management Systems does not effectively interface with the Prescription Monitoring Program. Effective immediately.

Amends the Collection Agency Act by changing references to the General Professions Dedicated Fund to refer to the Financial Institution Fund. Provides that after the effective date of the amendatory Act, the Department of Financial and Professional Regulation may transfer any fees collected under the Collection Agency Act from the General Professions Dedicated Fund to the Financial Institution Fund. Effective immediately.

Amends the Corporate Fiduciary Act to create the Special Purpose Trust Company Authority and Organization Article. Provides that a corporation that has been or shall be incorporated under the general corporation laws of the State for the special purpose of providing fiduciary custodial services or providing other like or related services as specified by rule may be appointed to act as a fiduciary with respect to such services and shall be designated a special purpose trust company. Provides that it shall not be lawful for any person to engage in the activity of a special purpose trust company without first filing an application for and procuring a certificate of authority from the Secretary of Financial and Professional Regulation. Provides that the Department shall adopt rules for the administration of the Article, and that specified Articles of the Corporate Fiduciary Act shall apply to a special purpose trust company as if the special purpose trust company were a trust company. Amends the Illinois Banking Act. In provisions concerning conversion and merger with trust companies, provides that a special purpose trust company may merge with a State bank or convert to a State bank as if the special purpose trust company were a trust company. Defines "special purpose trust company". Amends the Blockchain Business Development Act to provide that the Department of Financial and Professional Regulation shall have authority to adopt rules, opinions, or interpretive letters regarding the provision of custodial services for digital assets.

Amends the Electronic Wills and Remote Witnesses Act. Changes the short title of the Act to the Electronic Wills, Electronic Estate Planning Documents, and Remote Witnesses Act. Defines "electronic", "information", "nontestamentary estate planning document", "person", "record", "security procedure", "settlor", "sign", "state", "terms of trust", "trust instrument", and "will". Creates the Electronic Nontestamentary Estate Planning Documents Article. Sets forth provisions related to: construction; scope; principles of law and equity; use of an electronic record or signature; recognition of an electronic nontestamentary estate planning document and electronic signature; attribution and effect of an electronic record and electronic signature; notarization and acknowledgment; witnessing and attestation; retention of an electronic record; certification of a paper copy; admissibility in evidence; relation to the Electronic Signatures in Global and National Commerce Act; application; and severability. Makes conforming changes in the Probate Act of 1975. Effective January 1, 2024.

Amends the Illinois Food, Drug and Cosmetic Act. Provides that, notwithstanding any other provision of law, (1) it is unlawful for a person or entity to sell or suggest the purchase of sodium nitrite in an online store or using an online platform and (2) sodium nitrite may not be utilized by any person for that person's private use. Contains provisions concerning exemptions, violations, and criminal liability. Contains other provisions.

Amends the State Appellate Defender Act. Creates the Illinois Public Defense Board within the Office of the State Appellate Defender. Provides that the Board shall be composed of 9 members. Provides that 8 of the members shall be appointed by the Governor, with the advice and consent of the Senate, and one of the members shall be the State Appellate Defender and shall serve as chairperson of the Board. Provides that the Board members shall serve terms of 4 years and may be reappointed by the Governor. Provides that the Governor may remove a member of the Board for incompetence, neglect of duty, or malfeasance in office. Provides that the Board shall appoint an Executive Director to oversee the operations of all public defenders in the State. Provides that, subject to appropriation, the Executive Director shall hire permanent staff to carry out the Board's duties. Provides that the Board shall: (1) oversee trial level indigent defense services throughout the 102 counties of the State; (2) establish uniform standards for the conduct of indigent defense services throughout the State; and (3) provide training and regional supervision of indigent defense services throughout the State. Amends the Counties Code to make a conforming change.

Amends the Animal Control Act. Provides that "dangerous dog" and "vicious dog" include dogs that attack companion animals. Requires the owner of a dog that has been deemed dangerous or vicious to place a sign by the owner's front door with a notice that a dangerous or vicious dog is kept or maintained at the residence and maintain a liability insurance policy insuring against liability involving a dog-related incident for injury to a person or injury to or destruction of property. Requires the Department of Agriculture to establish and maintain the Illinois Dangerous Dog Registry. Provides that the Registry shall include registration information on a statewide basis. Specifies the information that the Registry shall include about each dangerous or vicious dog. Provides that the address of the owner, the name and breed of the dog, and the acts that resulted in the dog being deemed vicious or dangerous shall be made available to the public on the Department's website. Requires the Department to make the public information searchable via a mapping system that identifies all locations where vicious or dangerous dogs are kept or maintained within 5 miles of an identified address. Requires the Department to set fees for the annual registration of dangerous and vicious dogs. Creates the Dangerous Dog Registry Fund, and provides that any funds collected shall be deposited into the Fund and used by the Department to maintain the Registry and the searchable mapping system on the Department's website. Makes a corresponding change in the State Finance Act.

Amends the Illinois Insurance Code. Makes a change in provisions concerning disclosure of nonparticipating provider limited benefits. Adds reproductive health care to the definition of "ancillary services". Amends the Network Adequacy and Transparency Act. Provides that an insurer providing a network plan shall file a description with the Director of Insurance of written policies and procedures on how the network plan will provide 24-hour, 7-day per week access to reproductive health care. Provides that the Department of Insurance shall consider establishing ratios for reproductive health care physicians or other providers. Effective July 1, 2024, except that certain changes take effect January 1, 2025.

Amends the Regulatory Sunset Act. Provides that the Wholesale Drug Distribution Licensing Act is repealed on January 1, 2028 (instead of January 1, 2023). Amends the Wholesale Drug Distribution Licensing Act. Defines "address of record", "email address of record", and "suspicious order". Changes the definition of "wholesale drug distributor". Provides that applicants and licensees must provide a valid address and email address to the Department of Financial and Professional Regulation and must inform the Department of any change of these within 14 days. Provides that each licensee required to report suspicious orders shall submit such report to the Department. Provides that an individual taxpayer identification number can be included on the application for an original license, the application can be made in writing or electronically, and the application shall be accompanied by the required, nonrefundable fee. Provides that any licensee who engages in the licensed practice while the license is expired shall be considered to be practicing without a license which is grounds for discipline. Removes provisions that provide that: the Department shall present to the State Board of Pharmacy of the Department for review all appropriation requests from the Illinois State Pharmacy Disciplinary Fund; the Department shall maintain a roster of the names and addresses of all registrants and all persons whose licenses have been suspended or revoked; and rules that set detailed standards for meeting each license prerequisite requirements shall be adopted no later than September 14, 1992. Provides that the written notice of disciplinary hearing may be served by email or physical mail to the respondent's email of record or address of record. Provides that the Department may subpoena and compel the relevant documents in connection with any hearing. Provides that if the Secretary of Financial and Professional Regulation disagrees with the recommendation of the Board or hearing officer, the Secretary may issue an order in contravention of the recommendation. Provides that the sanctions imposed upon the accused by the Department shall remain in full force and effect in order to protect the public pending final resolution of the proceedings. Repeals a provision concerning references to the Department or Director of Professional Regulation. Makes corresponding and other changes. Section 5 and Section 99 take effect upon becoming law. House Floor Amendment No. 1 Removes language providing that "wholesale drug distributor" includes virtual wholesalers or virtual distributors. Senate Floor Amendment No. 5 Deletes reference to: 5 ILCS 80/4.33 5 ILCS 80/4.38 225 ILCS 120/15 from Ch. 111, par. 8301-15 225 ILCS 120/15.5 new 225 ILCS 120/21 new 225 ILCS 120/27 225 ILCS 120/30 from Ch. 111, par. 8301-30 225 ILCS 120/31 new 225 ILCS 120/35 from Ch. 111, par. 8301-35 225 ILCS 120/40 from Ch. 111, par. 8301-40 225 ILCS 120/50 from Ch. 111, par. 8301-50 225 ILCS 120/57 225 ILCS 120/70 from Ch. 111, par. 8301-70 225 ILCS 120/75 from Ch. 111, par. 8301-75 225 ILCS 120/80 from Ch. 111, par. 8301-80 225 ILCS 120/85 from Ch. 111, par. 8301-85 225 ILCS 120/100 from Ch. 111, par. 8301-100 225 ILCS 120/105 from Ch. 111, par. 8301-105 225 ILCS 120/110 from Ch. 111, par. 8301-110 225 ILCS 120/115 from Ch. 111, par. 8301-115 225 ILCS 120/120 from Ch. 111, par. 8301-120 225 ILCS 120/125 from Ch. 111, par. 8301-125 225 ILCS 120/135 from Ch. 111, par. 8301-135 225 ILCS 120/140 from Ch. 111, par. 8301-140 225 ILCS 120/155 from Ch. 111, par. 8301-155 225 ILCS 120/165 from Ch. 111, par. 8301-165 225 ILCS 120/200 225 ILCS 120/3 rep. Adds reference to: New Act 775 ILCS 55/1-10 775 ILCS 55/1-20 740 ILCS 180/2.2 from Ch. 70, par. 2.2 215 ILCS 5/356z.3a 55 ILCS 5/5-1069.3 65 ILCS 5/10-4-2.3 105 ILCS 5/10-22.3f 215 ILCS 124/10 215 ILCS 130/4003 from Ch. 73, par. 1504-3 20 ILCS 2630/3.2 from Ch. 38, par. 206-3.2 225 ILCS 60/22 from Ch. 111, par. 4400-22 225 ILCS 65/65-65 was 225 ILCS 65/15-55 225 ILCS 65/70-5 was 225 ILCS 65/10-45 225 ILCS 85/30 from Ch. 111, par. 4150 225 ILCS 85/30.1 5 ILCS 100/5-45.35 new 225 ILCS 95/4 from Ch. 111, par. 4604 225 ILCS 95/9.7 new 225 ILCS 95/21 from Ch. 111, par. 4621 225 ILCS 95/22.2 from Ch. 111, par. 4622.2 225 ILCS 95/22.3 from Ch. 111, par. 4622.3 225 ILCS 95/22.5 from Ch. 111, par. 4622.5 225 ILCS 95/22.6 from Ch. 111, par. 4622.6 225 ILCS 95/22.7 from Ch. 111, par. 4622.7 225 ILCS 95/22.8 from Ch. 111, par. 4622.8 225 ILCS 95/22.9 from Ch. 111, par. 4622.9 225 ILCS 95/22.10 from Ch. 111, par. 4622.10 225 ILCS 60/2 from Ch. 111, par. 4400-2 225 ILCS 60/66 new 225 ILCS 65/65-11 new 225 ILCS 65/65-11.5 new 225 ILCS 6/60 225 ILCS 15/15 from Ch. 111, par. 5365 225 ILCS 20/19 from Ch. 111, par. 6369 225 ILCS 55/85 from Ch. 111, par. 8351-85 225 ILCS 107/80 225 ILCS 130/75 225 ILCS 135/95 775 ILCS 55/1-25 225 ILCS 150/10 225 ILCS 150/15 225 ILCS 60/49.5 30 ILCS 105/5.990 new 225 ILCS 85/43 210 ILCS 170/5 210 ILCS 170/30 55 ILCS 5/3-4006 from Ch. 34, par. 3-4006 410 ILCS 210/1.5 225 ILCS 60/23 from Ch. 111, par. 4400-23 750 ILCS 46/704 750 ILCS 46/709 215 ILCS 5/356z.4a 735 ILCS 35/3 735 ILCS 35/3.5 new 725 ILCS 220/2 from Ch. 38, par. 156-2 725 ILCS 225/6 from Ch. 60, par. 23 215 ILCS 5/356z.60 new 5 ILCS 375/6.11 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2 215 ILCS 165/10 from Ch. 32, par. 604 305 ILCS 5/5-16.8 Replaces everything after the enacting clause. Amends the Reproductive Health Act. Includes assisted reproduction in the definition of "reproductive health care". Requires a lawsuit brought under the Act to be commenced within 2 years after the cause of action was discovered. Allows a person to recover damages when a judgment was entered against the person for reproductive health care services that are permitted under Illinois law. Amends the Wrongful Death Act. Provides that there shall be no cause of action against a health care professional, medical institution, or pregnant person (rather than a physician) for the wrongful death of a fetus caused by an abortion where the abortion was permitted by law and the requisite consent was lawfully given. Amends various licensing Acts to restrict the Department of Financial and Professional Regulation from taking action against a license or permit issued under those Acts based solely upon the license of the person being revoked or the person otherwise being disciplined by any other state or territory for actions related to any health care, medical service, or procedure if the revocation or disciplinary action was based solely on a violation of the other state's law prohibiting such action performed in any state for any person and such conduct is permissible under State law. Amends the Physician Assistant Practice Act of 1987, the Medical Practice Act of 1987, and the Nurse Practice Act. Allows the Department of Financial and Professional Regulation to issue temporary permits for health care to a person who is licensed to practice under Acts equivalent to those in another state. Amends the Reproductive Health Act. Allows an advanced practice registered nurse or physician assistant to perform abortion procedures that do not require general anesthesia. Requires a health care professional's report of each abortion to be transmitted to the Department of Public Health on a quarterly basis (rather than not later than 20 days following the end of the month in which the abortion is performed). Provides that such reports are not admissible as evidence or discoverable in any action of any kind. Allows the Department to make aggregate data derived from the reports publicly available so long as such disclosure does not reveal any identifying information about a patient or health care professional. Amends the Telehealth Act. Allows a health care professional with a temporary permit for health care to treat a patient located in the State through telehealth services. Creates the Abortion Care Clinical Training Program Act. Requires the Department of Public Health to administer an Abortion Care Clinical Training Program. Sets forth Program administration and reporting, coordinating organization duties, and rules. Creates the Abortion Care Clinical Training Program Fund. Amends the Pharmacy Practice Act. Allows pharmacists to dispense hormonal contraceptives without prior establishment of a relationship between the pharmacist and the person receiving hormonal contraception. Provides that no employee of the Department of Public Health shall be liable for injury caused by the pharmacist's or patient's use of the self-screening assessment or the dispensation of hormonal contraceptives. Amends various Acts to remove references to the Parental Notice of Abortion Act of 1995. Amends the Illinois Parentage Act of 2015. Provides that the terms of the most recent informed consent governs the disposition of a fertilized ovum when the intended parent or parents no longer wish to use any remaining cryopreserved fertilized ovum. Amends the Illinois Insurance Code. Requires abortion care coverage to include medications prescribed for the purpose of producing an abortion with or without proof of pregnancy. Requires coverage for abortifacients, hormonal therapy, and human immunodeficiency virus pre-exposure prophylaxis and post-exposure prophylaxis. Creates the Lawful Health Care Activity Act. Provides that the laws of the State govern in any case or controversy heard in the State related to lawful health care activity. Amends the Uniform Interstate Depositions and Discovery Act. Prohibits a clerk of court from issuing a subpoena based on a foreign subpoena that: requests information or documents related to lawful health care activity; or is related to the enforcement of another state's law that would interfere with an individual's rights under the Reproductive Health Act. Amends the Uniform Act to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings. Restricts a subpoena, summons, or order from being issued for a witness to provide information or testimony in relation to any proceeding if the charge is based on conduct that involves lawful health care activity that is not unlawful in the State. Amends the Uniform Criminal Extradition Act. Provides that the Governor shall not surrender a person if the charge is based on conduct that involves seeking, providing, receiving, assisting in seeking, providing, or receiving, providing material support for, or traveling to obtain lawful health care that is not unlawful under the laws of the State. Creates the Protecting Reproductive Health Care Services Act. Provides that when any person has had a judgment entered against such person, in any state, where liability is based on the alleged provision, receipt, assistance in receipt or provision, material support for, or any theory of vicarious, joint, several, or conspiracy liability derived therefrom, for reproductive health care services that are permitted under the laws of the State, such person may recover damages from any party that brought the action leading to that judgment or has sought to enforce that judgment. Makes other and conforming changes in various other Acts. Effective immediately. Senate Floor Amendment No. 6 In the Nurse Practice Act, provides that a health care institution shall not take any adverse action as a result of an adverse action against a person's license or clinical privileges or other disciplinary action by another state or health care institution that resulted from the person's provision of, authorization of, recommendation of, aiding or assistance with, referral for, or participation in any health care service if the adverse action was based solely on a violation of the other state's law prohibiting the provision of such health care and related services in the state or for a resident of the state if that health care service would not have been unlawful under the laws of this State and is consistent with the standards of conduct for advanced practice registered nurses practicing in Illinois.