Struck = removed from the bill ยท
added = the amendment's new text.
HB3163*LRB10408069JRC25195a* EngrossedRep. LRB104 08069 JRC 18115 b AN ACT concerning human rights.
BeJaime itM. enacted by the People of the State of Illinois, represented in the General Assembly:
SectionAndrade, 5.Jr.
Filed:
4/9/2025 10400HB3163ham001 LRB104 08069 JRC 25195 a AMENDMENT TO HOUSE BILL 3163 AMENDMENT NO.
______.
Amend House Bill 3163 by replacing everything after the enacting clause with the following:
"Section 5.
(c) Applications, related documents, and medical 10400HB3163ham001 -2- LRB104 08069 JRC 25195 a records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.
(d) Information and records held by the Department of Public Health and its authorized representatives relating HB3163 Engrossed - 2 - LRB104 08069 JRC 18115 b to known or suspected cases of sexually transmitted infection or any information the disclosure of which is restricted under the Illinois Sexually Transmitted Infection Control Act.
(i) Information contained in a local emergency energy 10400HB3163ham001 -3- LRB104 08069 JRC 25195 a plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.
(k) Law enforcement officer identification information HB3163 Engrossed - 3 - LRB104 08069 JRC 18115 b or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.
(o) Information that is prohibited from being 10400HB3163ham001 -4- LRB104 08069 JRC 25195 a disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.
(p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Department of Transportation under Sections 2705-300 and 2705-616 of the Department of Transportation Law of the HB3163 Engrossed - 4 - LRB104 08069 JRC 18115 b Civil Administrative Code of Illinois, the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act, or the St.
(v) Names and information of people who have applied for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act or applied for or received a concealed carry license under the Firearm 10400HB3163ham001 -5- LRB104 08069 JRC 25195 a Concealed Carry Act, unless otherwise authorized by the Firearm Concealed Carry Act;
(v-5) Records of the Firearm Owner's Identification HB3163 Engrossed - 5 - LRB104 08069 JRC 18115 b Card Review Board that are exempted from disclosure under Section 10 of the Firearm Owners Identification Card Act.
(z) Records and information provided to a fatality review team or the Illinois Fatality Review Team Advisory Council under Section 15 of the Adult Protective Services 10400HB3163ham001 -6- LRB104 08069 JRC 25195 a Act.
(cc) Recordings made under the Law Enforcement Officer-Worn Body Camera Act, except to the extent HB3163 Engrossed - 6 - LRB104 08069 JRC 18115 b authorized under that Act.
(jj) Information and reports that are required to be submitted to the Department of Labor by registering day and temporary labor service agencies but are exempt from 10400HB3163ham001 -7- LRB104 08069 JRC 25195 a disclosure under subsection (a-1) of Section 45 of the Day and Temporary Labor Services Act.
HB3163 Engrossed - 7 - LRB104 08069 JRC 18115 b (mm) Records that are exempt from disclosure under Section 4.2 of the Crime Victims Compensation Act.
(ss) Data reported by an employer to the Department of Human Rights pursuant to Section 2-108 of the Illinois 10400HB3163ham001 -8- LRB104 08069 JRC 25195 a Human Rights Act.
(vv) Information that is exempt from disclosure under HB3163 Engrossed - 8 - LRB104 08069 JRC 18115 b subsections (f) and (j) of Section 5-36 of the Illinois Public Aid Code.
10400HB3163ham001 -9- LRB104 08069 JRC 25195 a (ddd) Information prohibited from being disclosed under Section 35 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act.
HB3163 Engrossed - 9 - LRB104 08069 JRC 18115 b (fff) Images from cameras under the Expressway Camera Act.
10400HB3163ham001 -10- LRB104 08069 JRC 25195 a (lll) Data exempt from disclosure under Section 2-3.196 of the School Code.
(nnn) Materials received by the Department of Commerce and Economic Opportunity that are confidential under the HB3163 Engrossed - 10 - LRB104 08069 JRC 18115 b Music and Musicians Tax Credit and Jobs Act.
(ooo) (nnn) Data or information provided pursuant to Section 20 of the Statewide Recycling Needs and Assessment Act.
(ppp) (nnn) Information that is exempt from disclosure under Section 28-11 of the Lawful Health Care Activity Act.
(qqq) (nnn) Information that is exempt from disclosure under Section 7-101 of the Illinois Human Rights Act.
(rrr) (mmm) Information prohibited from being disclosed under Section 4-2 of the Uniform Money Transmission Modernization Act.
(sss) (nnn) Information exempt from disclosure under Section 40 of the Student-Athlete Endorsement Rights Act.
(ttt) InformationAudio thatrecordings ismade exempt from disclosure under Section 4030 of the ReproductiveIllinois HealthState Act.Police Act, except to the extent authorized under that Section.
(uuu) Information that is exempt from disclosure by a governmental agency under Section 1-40 of the Reproductive Health Act.
10400HB3163ham001 -11- LRB104 08069 JRC 25195 a 102-292, eff.
revised103-1081, 11-26-24.)eff. HB3163 Engrossed - 11 - LRB104 08069 JRC 18115 b Section 10.
The3-21-25.) Reproductive Health Act is amended by adding Section 4010. as follows:
(775The ILCSReproductive 55/40Health new)Act Sec.is amended by changing Section 1-10 and by adding Sections 1-40 and 1-41 as follows:
40.(775 ILCS 55/1-10) Sec.
Health1-10. care professional privacy.
(a)Definitions. A health care professional who provides abortion-related care may submit to any governmental agency, person, business, or association a written request that the governmental agency, person, business, or association refrain from disclosing any personal information about the health care professional.
AAs representativeused fromin thethis healthAct: care professional's employer may submit a written request on behalf of the health care professional, if:
"Abortion" means the use of any instrument, medicine, drug, or any other substance or device to terminate the pregnancy of an individual known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.
"Advanced practice registered nurse" has the same meaning as it does in Section 50-10 of the Nurse Practice Act.
"Assisted reproduction" means a method of achieving a pregnancy through the handling of human oocytes, sperm, 10400HB3163ham001 -12- LRB104 08069 JRC 25195 a zygotes, or embryos for the purpose of establishing a pregnancy.
"Assisted reproduction" includes, but is not limited to, methods of artificial insemination, in vitro fertilization, embryo transfer, zygote transfer, embryo biopsy, preimplantation genetic diagnosis, embryo cryopreservation, oocyte, gamete, zygote, and embryo donation, and gestational surrogacy.
"Department" means the Illinois Department of Public Health.
"Fetal viability" means that, in the professional judgment of the attending health care professional, based on the particular facts of the case, there is a significant likelihood of a fetus' sustained survival outside the uterus without the application of extraordinary medical measures.
"Governmental agency" means all agencies, authorities, boards, commissions, departments, institutions, offices, and any other bodies politic and corporate of this State created by the constitution or statute, whether in the executive, judicial, or legislative branch;
all units and corporate outgrowths created by executive order of the Governor or any constitutional officer, by the Supreme Court, or by resolution of the General Assembly;
or agencies, authorities, boards, commissions, departments, institutions, offices, and any other bodies politic and corporate of a unit of local government, or school district.
"Health care professional" means a person who is licensed 10400HB3163ham001 -13- LRB104 08069 JRC 25195 a as a physician, advanced practice registered nurse, or physician assistant.
"Health of the patient" means all factors that are relevant to the patient's health and well-being, including, but not limited to, physical, emotional, psychological, and familial health and age.
"Home address" means a permanent residence of the health care professional and any secondary residences affirmatively identified by the health care professional.
"Immediate family" means a spouse, child, parent, or any blood relative of the health care professional or the spouse of the health care representative who lives in the same residence.
"Lawful health care" has the meaning given to that term in the Lawful Health Care Activity Act.
"Maternity care" means the health care provided in relation to pregnancy, labor and childbirth, and the postpartum period, and includes prenatal care, care during labor and birthing, and postpartum care extending through one-year postpartum.
Maternity care shall seek to optimize positive outcomes for the patient, and be provided on the basis of the physical and psychosocial needs of the patient.
Notwithstanding any of the above, all care shall be subject to the informed and voluntary consent of the patient, or the patient's legal proxy, when the patient is unable to give consent.
10400HB3163ham001 -14- LRB104 08069 JRC 25195 a "Personal information" means a home address, home telephone number, mobile telephone number, pager number, personal email address, social security number, federal tax identification number, checking and savings account numbers, credit card numbers, marital status, and identity of children under the age of 18.
"Physician" means any person licensed to practice medicine in all its branches under the Medical Practice Act of 1987.
"Physician assistant" has the same meaning as it does in Section 4 of the Physician Assistant Practice Act of 1987.
"Pregnancy" means the human reproductive process, beginning with the implantation of an embryo.
"Prevailing party" has the same meaning as in the Illinois Civil Rights Act of 2003.
"Publicly available content" means any written, printed, or electronic document or record that provides information or that serves as a document or record maintained, controlled, or in the possession of a governmental agency that may be obtained by any person or entity, from the Internet, from a governmental agency upon request free of charge or for a fee, or in response to a request under the Freedom of Information Act.
"Publicly post" or "publicly display" means to communicate to another or otherwise make available to the general public.
"Reproductive health care" means health care offered, arranged, or furnished for the purpose of preventing 10400HB3163ham001 -15- LRB104 08069 JRC 25195 a pregnancy, terminating a pregnancy, managing pregnancy loss, or improving maternal health and birth outcomes.
"Reproductive health care" includes, but is not limited to:
contraception;
sterilization;
preconception care;
assisted reproduction;
maternity care;
abortion care;
and counseling regarding reproductive health care.
"State" includes any branch, department, agency, instrumentality, and official or other person acting under color of law of this State or a political subdivision of the State, including any unit of local government (including a home rule unit), school district, instrumentality, or public subdivision.
"Written request" means written notice signed by a health care professional, sent physically or electronically, requesting a governmental agency, person, business, or association to refrain from posting or displaying publicly available content that includes the personal information of the health care professional.
(Source:
P.A.
101-13, eff.
6-12-19;
102-1117, eff.
1-13-23.) (775 ILCS 55/1-40 new) Sec.
1-40.
Health care professional privacy by written request.
(a) A health care professional who provides lawful health care may submit to any governmental agency, person, business, or association a written request that the governmental agency, 10400HB3163ham001 -16- LRB104 08069 JRC 25195 a person, business, or association refrain from disclosing any personal information about the health care professional.
A representative from the health care professional's employer may submit a written request on behalf of the health care professional if:
(1) what personal information of the health care HB3163 Engrossed - 12 - LRB104 08069 JRC 18115 b professional shall be maintained private;
(c) A written request is valid until the health care 10400HB3163ham001 -17- LRB104 08069 JRC 25195 a professional provides the governmental agency, person, business, or association with written permission to release the personal information.
The personal information of HB3163 Engrossed - 13 - LRB104 08069 JRC 18115 b the health care professional is exempt from the Freedom of Information Act unless the governmental agency receives consent from the health care professional to make the personal information available to the public.
(f) If a person, business, or association receives a written request from a health care professional in accordance 10400HB3163ham001 -18- LRB104 08069 JRC 25195 a with subsections (a) and (b), the person, business, or association shall refrain from publicly posting or displaying on the Internet publicly available content that includes the personal information of a health care professional.
(g) NoA person,health business,care orprofessional associationwhose shallpersonal solicit,information sell,is ormade tradepublic onas thea Internetresult anyof personala informationviolation of thesubsection health(f) caremay professionalbring with the intent to post an imminentaction HB3163seeking Engrossedinjunctive - 14 - LRB104 08069 JRC 18115 b or seriousdeclaratory threatrelief toin theany healthcourt and safety of thecompetent healthjurisdiction. care professional or the health care professional's immediate family.
(h) A health care professional whose personal information is made public as a result of a violation of subsection (f) or (g) may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction.
(i)(h) No governmental agency, person, business, or association shall be found to have violated any provision of this Section if the health care professional fails to submit a written request calling for the protection of the personal information of the health care professional.
(j)(i) ItThis isSection unlawfuland for any personrules adopted to knowinglyimplement andthis publiclySection postshall onbe theconstrued Internetbroadly theto personalfavor informationthe protection of a10400HB3163ham001 health-19- careLRB104 professional08069 orJRC health25195 carea professional's immediate family if the person knows that publicly posting the personal information poses an imminent and serious threat to the health and safety of the health care professional or health care professional's immediate family, and the violation is a proximate cause of bodily injury or death of the health care professionalprofessional. or health care professional's immediate family member.
A(775 personILCS who55/1-41 violatesnew) thisSec. subsection is guilty of a Class 3 felony.
(k)1-41. It is not a violation of subsection (j) if an employee HB3163 Engrossed - 15 - LRB104 08069 JRC 18115 b of a governmental agency publishes personal information, in good faith, on the website of the governmental agency in the ordinary course of carrying out public functions if the employee complied with the conditions of this Section.
(l)Prohibited Thisdisclosures Section and any rules adopted to implement this Section shall be construed broadly to favor the protection of the personal information of acertain health care professional.professionals.
(m)(a) AsNo usedperson inshall thissolicit, Section:sell, or trade on the Internet any personal information of any health care professional who provides lawful health care with the intent to pose an imminent or serious threat to the health and safety of the health care professional or the health care professional's immediate family.
"Governmental(b) agency"No meansperson allshall agencies,knowingly authorities,and boards,publicly commissions,post departments,on institutions,the offices,Internet the personal information of a health care professional who provides lawful health care or of the health care professional's immediate family if the person knows that publicly posting the personal information poses an imminent and anyserious otherthreat bodiesto politicthe health and corporatesafety of thisthe Statehealth createdcare byprofessional or health care professional's immediate family, and the constitutionviolation oris statute,a whetherproximate incause of bodily injury or death of the executive,health judicial,care professional or legislativehealth branch;care professional's immediate family member.
all(c) unitsA andperson corporatewho outgrowthsviolates createdsubsection by(a) executive order of the Governor or any(b) constitutionalis officer,guilty by the Supreme Court, or by resolution of thea GeneralClass Assembly;3 felony.
(d) It is not a violation of subsection (a) or agencies,(b) authorities,if boards,an commissions,employee departments,of institutions,a offices,governmental andagency anypublishes otherpersonal bodiesinformation, politicin andgood corporatefaith, on the website of the governmental 10400HB3163ham001 -20- LRB104 08069 JRC 25195 a unitagency in the ordinary course of localcarrying government,out orpublic schoolfunctions district.if the employee complied with the conditions of this Section.
"Home(e) address"This meansSection aand permanentany residencerules ofadopted theto healthimplement carethis professionalSection andshall anybe secondaryconstrued residencesbroadly affirmativelyto identifiedfavor bythe protection of the personal information of a health care professional.professional.".
"Immediate family" means a spouse, child, parent, or any blood relative of the health care professional or the spouse of the health care representative who lives in the same residence.
HB3163 Engrossed - 16 - LRB104 08069 JRC 18115 b "Personal information" means a home address, home telephone number, mobile telephone number, pager number, personal email address, social security number, federal tax identification number, checking and savings account numbers, credit card numbers, marital status, and identity of children under the age of 18.
"Publicly available content" means any written, printed, or electronic document or record that provides information or that serves as a document or record maintained, controlled, or in the possession of a governmental agency that may be obtained by any person or entity, from the Internet, from a governmental agency upon request free of charge or for a fee, or in response to a request under the Freedom of Information Act.
"Publicly post" or "publicly display" means to communicate to another or otherwise make available to the general public.
"Written request" means written notice signed by a health care professional requesting a governmental agency, person, business, or association to refrain from posting or displaying publicly available content that includes the personal information of the health care professional.