SB 2734 — PB HLTH-CANCER REGISTRY PRIVA

*LRB09516399KBJ42424b* SB2734 95THEngrossed GENERALLRB095 ASSEMBLY16399 StateKBJ of42424 Illinoisb andAN 2008ACT SB2734concerning Introducedpublic 2/15/2008,health. by Sen.

Debbie DeFrancesco Halvorson SYNOPSIS AS INTRODUCED:

See Index Amends the Illinois Health and Hazardous Substances Registry Act and the Freedom of Information Act.

Provides that certain data elements from the Illinois Health and Hazardous Substances Registry, alone or in combination, are confidential, shall not be open to public inspection or dissemination, and are exempt from disclosure under the Freedom of Information Act.

Makes a corresponding change in the Freedom of Information Act.

Adds definitions of "news medium" and "researcher".

Provides that upon review and approval of an appropriate Institutional Review Board (IRB) or its equivalent on the protection of human subjects in research, the Department of Public Health shall release data to researchers for purposes of medical and scientific research consistent with the fundamental purposes of the Registry.

Provides that upon review and approval of an appropriate IRB or its equivalent on the protection of human subjects in research, the Department shall release data not otherwise available for release under the Freedom of Information Act to news media for purposes of public interest research consistent with the fundamental purpose of the Registry.

In a Section concerning the annual report to be published by the Department, provides that identification or contact of individuals from public reports or data released under the Freedom of Information Act is prohibited.

Provides that the Department shall make available on its web site non-confidential public use databases for easy and direct access and download by the public.

Effective July 1, 2007.

LRB095 16399 KBJ 42424 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB2734 LRB095 16399 KBJ 42424 b AN ACT concerning public health.

(i) files and personal information maintained with respect to clients, patients, residents, students or other individuals receiving social, medical, SB2734 Engrossed - 2 - LRB095 16399 KBJ 42424 b educational, vocational, financial, supervisory or custodial care or services directly or indirectly from federal agencies or public bodies;

and SB2734 Engrossed - 3 - LRB095 16399 KBJ 42424 b (vi) the names, addresses, or other personal information of participants and registrants in park district, forest preserve district, and conservation district programs.

(vi) constitute an invasion of personal privacy SB2734 Engrossed - 4 - LRB095 16399 KBJ 42424 b under subsection (b) of this Section;

"Criminal history record information" means data identifiable to an individual and consisting of descriptions or notations of arrests, detentions, indictments, informations, pre-trial proceedings, trials, or other formal events in the criminal justice system or descriptions or notations of criminal charges (including SB2734 Engrossed - 5 - LRB095 16399 KBJ 42424 b criminal violations of local municipal ordinances) and the nature of any disposition arising therefrom, including sentencing, court or correctional supervision, rehabilitation and release.

(i) All information determined to be confidential under Section 4002 of the Technology Advancement and SB2734 Engrossed - 6 - LRB095 16399 KBJ 42424 b Development Act.

SB2734 Engrossed - 7 - LRB095 16399 KBJ 42424 b (i) Valuable formulae, computer geographic systems, designs, drawings and research data obtained or produced by any public body when disclosure could reasonably be expected to produce private gain or public loss.

(l) Library circulation and order records identifying SB2734 Engrossed - 8 - LRB095 16399 KBJ 42424 b library users with specific materials.

SB2734 Engrossed - 9 - LRB095 16399 KBJ 42424 b (q) Documents or materials relating to collective negotiating matters between public bodies and their employees or representatives, except that any final contract or agreement shall be subject to inspection and copying.

(u) Information concerning a university’s adjudication SB2734 Engrossed - 10 - LRB095 16399 KBJ 42424 b of student or employee grievance or disciplinary cases, to the extent that disclosure would reveal the identity of the student or employee and information concerning any public body’s adjudication of student or employee grievances or disciplinary cases, except for the final outcome of the cases.

(aa) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation SB2734 Engrossed - 11 - LRB095 16399 KBJ 42424 b Procedures Board or its staff relating to applications it has received.

(gg) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid SB2734 Engrossed - 12 - LRB095 16399 KBJ 42424 b Tuition Act.

(ll) Vulnerability assessments, security measures, and response policies or plans that are designed to identify, prevent, or respond to potential attacks upon a community’s population or systems, facilities, or installations, the destruction or contamination of which would constitute a clear and present danger to the health or safety of the community, but only to the extent that disclosure could reasonably be expected to jeopardize the effectiveness of the measures or the safety of the personnel who implement SB2734 Engrossed - 13 - LRB095 16399 KBJ 42424 b them or the public.

This subsection (qq) shall apply SB2734 Engrossed - 14 - LRB095 16399 KBJ 42424 b until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.

SB2734 Engrossed - 15 - LRB095 16399 KBJ 42424 b (410 ILCS 525/3) (from Ch.

(h) "Hazardous substances" means a hazardous substance as SB2734 Engrossed - 16 - LRB095 16399 KBJ 42424 b defined in the Environmental Protection Act.

(l) (1) "Adverse pregnancy outcome" includes but is not limited to birth defects, fetal loss, infant mortality, low SB2734 Engrossed - 17 - LRB095 16399 KBJ 42424 b birth weight, selected life-threatening conditions, and other developmental disabilities as defined by the Department.

a radio station, a television station;

a television station;

The University of Illinois School of Public Health shall advise the Department in the design, function and utilization SB2734 Engrossed - 18 - LRB095 16399 KBJ 42424 b of the Registry.

(d) The identity, or any group of facts that tends to lead to the identity, of any person whose condition or treatment is submitted to the Illinois Health and Hazardous Substances Registry is confidential and shall not be open to public inspection or dissemination and is exempt from disclosure under SB2734 Engrossed - 19 - LRB095 16399 KBJ 42424 b Section 7 of the Freedom of Information Act.

name, social security number, street address, email address, telephone number, fax number, medical record number, certificate/license number, reporting source (unless permitted by the reporting facility), age (unless aggregated for 5 or more years,years), ZIP code (unless aggregated for 5 or more years), and diagnosis date (unless aggregated for one or more years for the entire State or for 3 or more years for a single county).

SB2734 Engrossed - 20 - LRB095 16399 KBJ 42424 b (e) Hospitals, laboratories, other facilities or physicians shall not be held liable for the release of information or confidential data to the Department in accordance with this Act.

85-1218.) SB2734 Engrossed - 21 - LRB095 16399 KBJ 42424 b (410 ILCS 525/9.1 new) Sec.

SB2734 Engrossed - 22 - LRB095 16399 KBJ 42424 b (Source:

SB2734 Engrossed - 23 - LRB095 16399 KBJ 42424 b INDEX Statutes amended in order of appearance 5 ILCS 140/7 from Ch.