Illinois

Reinserts the provisions of the introduced bill with the following changes. In provisions concerning biomarker testing, removes provisions concerning requests for exceptions to restricted coverage; the publication of medical policies and coverage guidelines; written justifications for denial of coverage; prior authorization; and periodic audits and reviews. Provides that the biomarker testing requirements are subject to, and shall operate in accordance with, specified provisions of the Prior Authorization Reform Act and the Managed Care Reform and Patient Rights Act. Provides that the changes made by the amendatory Act apply to policies, contracts, and certificates of insurance amended, delivered, issued, or renewed on or after January 1, 2028. Makes other changes. Effective January 1, 2028.

Amends the Genetic and Metabolic Diseases Advisory Committee Act. Changes the name of the Genetic and Metabolic Diseases Advisory Committee to the Universal Newborn Screening Advisory Committee. Adds duties for the Committee, including duties to hold quarterly meetings, review conditions, make recommendations, and prepare reports. Makes conforming changes in the short title of the Act, the Newborn Metabolic Screening Act, and the Rare Disease Commission Act. Effective immediately.

Amends the Missing Persons Identification Act. Provides that, if a missing person remains missing for 30 days after the date of the police report (rather than 60 days after the date of the police report and missing for 60 days after the date of the police report in the National Missing and Unidentified Persons System (NamUs)), then the missing person's dental record shall be added to the missing person entry in the Law Enforcement Agencies Data System (LEADS). Provides that, if a missing person remains missing for 60 days after the date of the police report, then the missing person's dental record shall be entered in the National Missing and Unidentified Persons System (NamUs).

Amends 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 Illinois Public Aid Code to require coverage for eye medication under the provisions of those Acts pursuant to the Topical Eye Medication Prescription Act.

Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for any employer, employment agency, or labor organization to use criteria or methods that have the effect of subjecting individuals to discrimination on the basis of unlawful discrimination, citizenship status, family responsibilities, work authorization status, arrest record, or conviction record, if (i) the respondent fails to demonstrate that the criteria or methods are job related for the position in question and consistent with business necessity or (ii) the respondent demonstrates that the criteria or methods are job related for the position in question and consistent with business necessity and the complainant demonstrates that the business necessity could be served by another employment practice that has a less discriminatory effect.. Provides that it is a civil rights violation for any financial institution, person who offers credit cards to the public, or any person in relation to public accommodations to use criteria or methods that have the effect of subjecting individuals to discrimination on the basis of unlawful discrimination, citizenship status, family responsibilities, work authorization status, arrest record, or conviction record, if such criteria or methods are not necessary to achieve a substantial, legitimate, nondiscriminatory interest or if the substantial, legitimate, nondiscriminatory interest could be served by another practice that has a less discriminatory effect. Allows the Department of Human Rights to consult with the Secretary of Financial and Professional Regulation or a financial institution's primary prudential regulator for purposes of investigating a charge involving a financial institution. Provides that nothing shall be construed to: prohibit the Department from investigating a charge involving a financial institution; or limit the authority of the Department of Financial and Professional Regulation, Office of the Comptroller of the Currency, or National Credit Union Administration to examine any financial institution. Defines "criteria or methods".

Amends the Children and Family Services Act. In provisions requiring the Department of Children and Family Services to establish rules concerning transition planning for youth aging out of care, requires the Department to consult with the Statewide Youth Advisory Board to determine the effectiveness of existing programs, to identify new programming that supports youth transitions to independence, and to advise on how information about transitional services is communicated to youth in a clear, timely, and age-appropriate manner. Requires the Department to develop, by July 1, 2027, procedures setting forth a process by which: (i) a youth or a youth's representative can request an accounting or explanation of financial decisions made by the Department or child welfare contributing agency for any monies held on behalf of the youth; and (ii) the Department or child welfare contributing agency acknowledges receipt of the request, provides a written response within a defined period, and outlines steps for review or correction when an error or dispute regarding the accounting is identified. Requires the Department to ensure that each youth in care, if applicable, receives age-appropriate financial guidance designed to build financial literacy and informed decision-making regarding the youth's Social Security benefits, Supplemental Security Income benefits, veterans benefits, or Railroad Retirement benefits. Contains provisions on the development of tailored youth-driven transition plans; notification to youth on the location of necessary documents and any financial accounts open in their name; the development of a curriculum guided program for youth transitioning out of care; written and verbal notice on a youth's scheduled Successful Transition to Adulthood Review (STAR) hearings; requirements on residential treatment centers, group homes, transitional living programs, and the Department to ensure a youth's attendance at a scheduled STAR hearing; and other matters. Amends the Juvenile Court Act of 1987. In provisions concerning STAR hearings, requires the Department to allow a minor the opportunity to express to the court the minor's goals, preferences, and concerns regarding the minor's transition to independence. Requires the court to review and ensure the Department is in compliance with its statutory obligation to support the minor's meaningful engagement in STAR hearings.

Amends the Wholesale Drug Distribution Licensing Act. Defines "virtual wholesale distributor". Provides that every virtual wholesale distributor that engages in virtual drug distribution of prescription drugs shall be licensed by the Department of Financial and Professional Regulation. Provides that a virtual wholesale distributor shall only contract with entities licensed under the Act to take physical possession of prescription drugs if the prescription drugs are being shipped into the State. Sets forth requirements for applicants for a virtual wholesale distributor license. Provides that a virtual wholesale distributor shall ensure that any licensed entity providing distribution services to the virtual wholesale distributor complies with certain requirements. Provides that a virtual wholesale distributor shall not operate out of a location that is a residence or personal dwelling. Makes conforming changes in provisions concerning definitions; unlicensed practice; the expiration of a license; rules and regulations; inspection powers of a pharmacy investigator; restrictions on transactions; wholesaler licensing complaints; violations of the Act; temporary suspension of a license; home rule preemption; and drugs in storage. Makes other changes. Effective immediately.

Provides that quick-take proceedings may be used for a period of no more than 2 years after the effective date of the amendatory Act by Cook County and the City of Calumet City for the acquisition of certain described property for the purpose of economic development. Repeals the Section 3 years after the effective date of the amendatory Act. Effective immediately.

Amends the Illinois Vehicle Code. Sets forth titling requirements for (i) a motor driven cycle that is powered by an electric motor with a nominal power rating of greater than 750 watts but less than or equal to 8,000 watts and (ii) a gas-powered bicycle capable of operating at speeds greater than 28 miles per hour. Excludes electric micromobility devices from titling, registration, license or permit, and liability insurance policy requirements. Establishes signage requirements notifying users of areas where the operation of motor driven cycles is strictly prohibited. Sets forth the operation of toy vehicles, motor driven cycles, and electric micromobility devices in the State. Prohibits low-speed gas bicycles and low-speed electric bicycles from being operated by a person under the age of 18 with a passenger unless the passenger is a sibling, stepsibling, child, or stepchild of the operator. Establishes where a low-speed gas bicycle may be operated. Allows the Department of Natural Resources and park districts, forest preserve districts, conservation districts, and transit districts to regulate the use of low-speed electric bicycles on their properties. Defines terms. Makes other changes. Makes conforming changes in the Micromobility Fire Safety Act and the Consumer Fraud and Deceptive Business Practices Act. Effective January 1, 2027.

Amends the State Fire Marshal Act. Provides that the Office of the State Fire Marshal shall award grants to not-for-profit fire departments exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code (in addition to units of local government) for the rehabilitation or construction of fire stations.

Amends the Medical School Curriculum Act. Requires each and every medical school established, maintained, and operated by the State of Illinois to include in the curriculum the study of perimenopause and menopause recognition and management, as specified. Removes provisions amending the Illinois Insurance Code and the Medical Practice Act of 1987. Further amends the Nurse Practice Act. Replaces provisions concerning continuing education with provisions that include the study of perimenopause and menopause recognition and management in LPN and RN curricula. Further amends the Physician Assistant Practice Act of 1987. Replaces provisions concerning continuing education with a provision that includes the study of perimenopause and menopause recognition and management within the standards to be met by a school or institution offering a course of training for physician assistants set forth by rule by the Department of Financial and Professional Regulation. Effective January 1, 2027.

Amends the Educator Licensure Article of the School Code. Changes the requirements for issuance of a paraprofessional educator endorsement on an Educator License with Stipulations as follows: Requires the applicant to be at least 18 years of age and using the Educator License with Stipulations exclusively for grades prekindergarten through 8 until the individual reaches the age of 19 years or be 19 years of age or older and otherwise meet the criteria for a paraprofessional educator endorsement. Requires the applicant to also meet at least one of the following requirements: (i) hold a high school diploma or its recognized equivalent and pass a paraprofessional competency test; (ii) hold an associate degree or a minimum of 60 semester hours of credit from a regionally accredited institution of higher education; or (iii) if applicable, have been issued a short-term approval for paraprofessionals and have been employed as a paraprofessional educator for each year the short-term approval is valid, have paid the required license renewal fee, and have been determined by the school district to have met specified competencies. Makes other changes.

Amends the Investment Board Article of the Illinois Pension. Provides that, if the Illinois State Board of Investment has not received a required audit opinion by December 15, the Board shall not be considered in violation of a provision requiring an annual report to each pension fund, retirement system, or education fund under the Board's jurisdiction within 6 months after the close of each fiscal year. Effective immediately.

Amends the Freedom of Information Act. Exempts from disclosure under the Act information, records, or recordings collected by law enforcement in a behavioral threat assessment or domestic violence lethality assessment. Amends the Illinois Domestic Violence Act of 1986. Provides that beginning January 1, 2029, for law enforcement agencies using lethality assessments, the continuing education should include training on policies and procedures for administering a lethality assessment. Provides that by January 1, 2028, the Department of Human Services, in cooperation with the Illinois State Police, shall create a domestic violence lethality tool kit for use by law enforcement agencies. Authorizes the Illinois State Police and the Department of Human Services to engage with interested groups to review and provide feedback on a template. Requires this feedback to be gathered and analyzed by August 1, 2027. Provides that based on this feedback, model policies and protocols shall be developed that law enforcement agencies may use or reference in developing their domestic violence lethality assessment template, policies, protocols, training, and referrals to domestic violence services. Provides that nothing in the Act imposes any additional liability on a law enforcement officer or agency acting in good faith administering these assessments.

Amends the Illinois Insurance Code. Provides that, in response to all applications for a policy of automobile insurance received by an insurance company, the insurance company or its agent shall provide the applicant information regarding the availability of coverage for loss of use of an insured vehicle as a result of a cause of loss covered by the policy contract. Provides that, at least 30 days prior to each renewal of a policy of automobile insurance, the insurance company or its agent shall provide the insured information regarding the availability of coverage for loss of use of an insured vehicle as a result of a cause of loss covered by the policy contract. Effective July 1, 2027.

Amends the Vision Care Plan Regulation Act. Makes changes in provisions concerning defined terms and noncovered services. Requires a vision care organization, before entering into a provider agreement, to inform the eye care provider on how to access the fee schedule using the specified methods. Requires a vision care organization to make an updated copy of a fee schedule available to the eye care provider every calendar quarter. Provides that a vision care organization shall not prohibit an eye care provider from offering a cash payment option to the enrollee if the cash payment option is less costly to the enrollee than the total out-of-pocket cost of the covered service or covered material. Sets forth provisions concerning vision care plan benefits, misrepresentation, modification of a provider agreement, and medical plan preconditions. Provides that a vision care organization shall not require an eye care provider to contract for services under a vision care discount plan as a condition of contracting for services under a provider agreement. Prohibits a vision care organization from requiring an eye care provider to establish a security interest in any property or assets of the eye care provider. Prohibits a vision care organization from retaliating against an eye care provider for exercising any rights under the Act. Amends the Consumer Fraud and Deceptive Business Practices Act. Repeals a provision that construes a violation of the Vision Care Plan Regulation Act to be an unlawful practice under the Act. Effective January 1, 2027.

Reinserts the provisions of the engrossed bill with the following changes. Removes the requirement that the issuer of an eligible pooled investment trust not be placed on the Illinois Investment Policy Board's list of restricted companies. Effective immediately.

Amends the School Code. Provides that on or before the beginning of the 2027-2028 school year, each school board and charter school shall adopt and implement a wireless communication device policy. Requires the policy and administrative responses for violations of the policy to be published in a student handbook, if one exists. Establishes exceptions for the use of a wireless communication device during school time. Prohibits a school district or charter school from enforcing the wireless communication device policy through fees, fines, suspensions, expulsions, or the deployment of a school resource officer or local law enforcement officer. Sets forth how the policy shall be developed. Provides that a school board, the governing body of a charter school, and any school personnel are immune from any liability resulting from damage to a wireless communication device if the device is stored in good faith and in accordance with the wireless communication device policy. Provides that the wireless communication device policy shall be posted on the school district's or charter school's publicly accessible Internet website. Requires, by September 1, 2026, the State Board of Education to post on its website a template for a model wireless communication device policy. Provides that if a school district or charter school has an existing wireless communication device policy in place before the effective date of the amendatory Act that limits wireless communication devices during a majority of or the entirety of the school day, the district or charter school may keep its existing policy in place through the 2030-2031 school year, at which point the district or charter school must adopt a wireless communication device policy meeting the requirements the amendatory Act. Makes other and conforming changes. Effective immediately.

Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. In the definition of "harassment" Provides that, unless the presumption is rebutted by a preponderance of the evidence, the following types of conduct shall be presumed to cause emotional distress: (1) contacting the petitioner directly or indirectly through any means including but not limited to telephonic, electronic, or online; (2) repeatedly following the petitioner, including, but not limited to, directly or indirectly through third parties, or by using electronic tracking or monitoring, or acquiring information, to determine the petitioner's location, movement, or travel patterns without the petitioner's knowledge or consent; (3) repeatedly surveilling the petitioner or tracking petitioner's location directly or indirectly including but not limited to by remaining present at or outside the petitioner's home, school, place of employment, vehicle, or other place occupied by petitioner, by peering in petitioner's windows, by using electronic tracking or monitoring, or by acquiring information to determine the petitioner's location, movement, or travel patterns without the petitioner's knowledge and consent; (4) non-consensual dissemination or threatening the dissemination of electronically generated or digitally altered content using the image, voice, or other characteristic of the petitioner to falsely impersonate the petitioner or the petitioner's representative; (5) non-consensual dissemination or threatening the non-consensual dissemination of private sexual images and digitally altered sexual images as defined in the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act; and (6) engaging in doxing as defined in the Civil Liability for Doxing Act. Provides that the petitioner shall not be denied a protective order solely upon the basis that the respondent or petitioner is incarcerated in a penal institution at the time of the issuance of the order. Provides that the court may issue a domestic violence order of protection to prohibit and cease and desist from these types of harassment. Makes other changes.

Creates the First 2026 General Revisory Act. Combines multiple versions of Sections amended by more than one Public Act. Renumbers Sections of various Acts to eliminate duplication. Corrects obsolete cross-references and technical errors. Makes stylistic changes. Effective immediately.

Amends the Pharmacy Practice Act. Provides that prescriptions for drugs in Schedules II, III, IV, and V (rather than Schedules III, IV, and V controlled substances) of the Illinois Controlled Substances Act may be transferred only once and may not be further transferred, consistent with federal regulations concerning the prescription, administering, and dispensing of controlled substances. Provides that upon a patient's request, a pharmacy must transfer the prescription to another pharmacy, including Schedule II controlled substances, if the prescription has been received but not yet filled. Provides that the transfer is not required if: (1) the prescriber prohibits transfer in writing on the prescription and documents a clinical reason prohibiting transfer on the prescription; or (2) the transfer is otherwise prohibited by federal law. Provides that transfers may occur electronically or by facsimile when permitted by federal law, and a licensed pharmacy technician may perform the transfer if delegated by a pharmacist. Amends the Illinois Controlled Substances Act. Provides that a prescriber shall not be required to issue prescriptions electronically: (1) prescriptions issued prior to January 1, 2028 that may need to be filled outside of typical retail pharmacy operating hours; or (2) prescriptions issued prior to January 1, 2028 that may be difficult to obtain because the prescriber knows of drug shortages or pharmacy inventory limitations.

Amends the Illinois Dental Practice Act. Makes changes concerning the definition of "patient of record", both for the Act and for the provisions concerning teledentistry. Defines "synchronous". Specifies that a dentist may delegate dental services using teledentistry to an Illinois-licensed dental hygienist. Provides that a dental hygienist may perform oral prophylaxis procedures; may apply fluoride treatments, but not any product used for the remineralization of teeth, including, but not limited to, silver diamine fluoride; and may process x-rays, as ordered by the supervising dentist, on a patient of record if an Illinois-licensed dentist has examined, diagnosed, and authorized such procedures using synchronous systems. Provides that a person is limited to 2 oral prophylaxis procedures performed by a licensed dental hygienist using teledentistry until an in-person examination by a licensed dentist has been completed. Provides that local anesthetics and nitrous oxide may not be used during an oral prophylaxis procedure in a teledentistry service by a dental hygienist. Sets forth requirements for the informed consent form. Provides that an initial screening may only be provided using teledentistry by an Illinois-licensed dentist to assess suitability of the patient for treatment at a dental facility or for certain conditions that present immediate harm or discomfort to the patient for which treatment cannot be postponed. Provides that a provider of dental services rendering care or providing a screening through teledentistry (instead of rendering emergent care or conducting an initial consultation through teledentistry) must direct the patient to receive appropriate in-person care after the provision of teledentistry services. Provides that an initial examination may be provided using teledentistry but shall only be conducted for the purpose of providing a consultation for specific services or for treating or assessing acute pain, infection, injury, or any intraoral or perioral condition that presents immediate harm or discomfort that cannot be postponed. Provides that an initial examination for new patients, excluding patients seeking orthodontic, sleep apnea, or snoring treatment or the functional and cosmetic replacement or treatment of teeth, may be conducted through teledentistry. Provides that an initial examination for orthodontia, sleep apnea, or snoring treatment or the functional and cosmetic replacement or treatment of teeth shall be performed in person only. Provides that in-person clinical examination shall be performed immediately before providing or authorizing services or treatments to patients that are not reversible or that otherwise result in an increased risk to the patient. Provides that, for ongoing dentist-patient relationships, dentists shall direct patients to be seen in person at least annually. Provides that nothing in the provisions shall be construed to expand the scope of practice for dental hygienists or establish independent hygiene practice. Makes other changes.

Reinserts the provisions of Senate Amendment No. 1 with the following changes. In provisions amending the Emergency Telephone System Act, provides that the Office of the Statewide 9-1-1 Administrator shall, with input from the Statewide 9-1-1 Advisory Board, relevant stakeholders, and subject matter experts, adopt rules to implement the requirement that the Board consult with the Department of Human Services to ensure PSAP compliance with the Community Emergency Services and Support Act. In provisions amending the Community Emergency Services and Support Act, defines "emergency dispatch protocol" as a nationally recognized protocol established under the Emergency Medical Services (EMS) Systems Act approved by the local medical director in coordination with the local PSAP and appropriate local responders. Provides that Mobile Crisis Response and 9-8-8 are both around-the-clock crisis services that must be considered alongside other crisis resources when initially screening an individual contacting a 9-1-1 PSAP. Provides that, when indicated, 9-1-1 PSAPs shall open and use relevant emergency dispatch protocol to ensure all individuals contacting a 9-1-1 PSAP when a behavioral health crisis is indicated have access to a non-law enforcement, behavioral health response. Removes provisions providing that 9-1-1 PSAPs shall screen specific types of law enforcement calls and follow approved protocols and processes. Removes provisions providing that 9-1-1 PSAPs shall open and follow the emergency dispatch protocol at the start of all emergency calls when appropriate to ensure the protocols are used and applied consistently and uniformly and to ensure that information related to behavioral health emergency calls is available for data collection and can be used to determine which calls should be referred for a behavioral health response. Removes provisions authorizing rulemaking by the Department. Makes other changes.

Amends the Health Care Surrogate Act. Requires a health care provider to release the medical records of the patient as a response to a written request for the release of records to an individual who was named as a surrogate or any person, entity, or organization presenting valid authorization. Provides that, upon a determination that a patient lacks decisional capacity and a health care surrogate is identified, a health care facility shall provide specified written information, which may be provided electronically, to the surrogate. Provides that a health care provider who relies on and carries out a surrogate's directions and who acts with due care and in accordance with the Act shall not be subject to any claim based on lack of patient authorization for unprofessional conduct. Effective immediately.

Amends the Illinois Controlled Substances Act. Provides that, in cases a controlled substance scheduled, rescheduled, or deleted as a controlled substance under federal law and notice is provided to the Department of Human Services and the Department does not take action within 30 days, at the conclusion of the 30th day the substance shall be considered scheduled, rescheduled, or deleted in the same manner as the federal law unless within that 30-day period the Department objects, or a party adversely affected files with the Department substantial written objections objecting to inclusion, rescheduling, or deletion. Provides that all interested parties have an opportunity to be heard at a public hearing to be held no later than 45 days after the statement of objection. Provides that after the public hearing, the Department shall publish its decision within 14 days of the conclusion of the public hearing. Effective immediately.