735 ILCS 40/ Lawful Health Care Activity Act.

(735 ILCS 40/Art. 1 heading) Article 1. (Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.)

(735 ILCS 40/Art. 3 heading) Article 3. (Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.)

(735 ILCS 40/Art. 4 heading) Article 4. (Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.)

(735 ILCS 40/Art. 5 heading) Article 5. (Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.)

(735 ILCS 40/Art. 6 heading) Article 6. (Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.)

(735 ILCS 40/Art. 7 heading) Article 7. (Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.)

(735 ILCS 40/Art. 8 heading) Article 8. (Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.)

(735 ILCS 40/Art. 9 heading) Article 9. (Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.)

(735 ILCS 40/Art. 11 heading) Article 11. (Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.)

(735 ILCS 40/Art. 12 heading) Article 12. (Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.)

(735 ILCS 40/Art. 14 heading) Article 14. (Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.)

(735 ILCS 40/Art. 16 heading) Article 16.(The Abortion Care Clinical Training Program Act is compiled at 410 ILCS 185/)(Source: P.A. 102-1117, eff. 1-1-25 (See Section 5 of P.A. 103-551 for effective date of P.A. 102-1117).)

(735 ILCS 40/Art. 21 heading) Article 21. (Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.)

(735 ILCS 40/Art. 22 heading) Article 22. (Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.)

(735 ILCS 40/Art. 24 heading) Article 24. (Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.)

(735 ILCS 40/Art. 26 heading) Article 26. (Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.)

(735 ILCS 40/Art. 27 heading) Article 27. (Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.)

(735 ILCS 40/Art. 28 heading) Article 28.

(Source: P.A. 102-1117, eff. 1-13-23.)

(735 ILCS 40/28-5)

Sec. 28-5. Short title. This Article may be cited as the Lawful Health Care Activity Act. References in this Article to "this Act" mean this Article.

(Source: P.A. 102-1117, eff. 1-13-23.)

(735 ILCS 40/28-10)

Sec. 28-10. Definitions. As used in this Act:

"Lawful health care" means:

(1) reproductive health care that is not unlawful under the laws of this State, including on any theory of vicarious, joint, several, or conspiracy liability; or

(2) the treatment of gender dysphoria or the affirmation of an individual's gender identity or gender expression, including, but not limited to, all supplies, care, and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative, or supportive nature that is not unlawful under the laws of this State, including on any theory of vicarious, joint, several, or conspiracy liability.

"Lawful health care activity" means seeking, providing, receiving, assisting in seeking, providing, or receiving, providing material support for, or traveling to obtain lawful health care.

"Health records related to lawful health care" means records that identify a person who has sought or received lawful healthcare, including, but not limited to, information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a healthcare professional, and insurance and billing records for medical care.

"Location information related to lawful health care" means precise location information that could be reasonably used to identify a person's attempt to acquire or receive lawful health care, including, but not limited to, records of the location of a person's license plate, records of the location of a cell phone or other device that tracks location, or records of observations of a person's location when the location is near a provider of lawful health care.

"Reproductive health care" shall have the same meaning as Section 1-10 of the Reproductive Health Act.

"State" has the meaning given in Section 1-10 of the Reproductive Health Act.

(Source: P.A. 102-1117, eff. 1-13-23; 103-786, eff. 8-7-24.)

(735 ILCS 40/28-11)

Sec. 28-11. Prohibited State actions.

(a) Unless otherwise necessary to comply with Illinois or federal law, the State shall not provide any information or expend or use any time, money, facilities, property, equipment, personnel, or other resources to assist any individual, or out-of-state officer, official, agency, entity, or department seeking to impose civil or criminal liability upon a person or entity for lawful healthcare activity.

(b) Location information related to lawful health care and health records related to lawful health care are confidential and exempt from disclosure under the Freedom of Information Act.

(c) This Section does not apply if an individual or out-of-state officer, official, agency, entity, or department is investigating conduct that would be subject to civil or criminal liability under the laws of Illinois.

(Source: P.A. 103-786, eff. 8-7-24.)

(735 ILCS 40/28-12)

Sec. 28-12. Cause of action.

(a) Any party aggrieved by conduct or regulation in violation of Section 28-11 of this Act may bring a civil action in a federal district court or State circuit court against the offending unit of government. Any State claim brought in federal district court shall be a supplemental claim to a federal claim. Any action brought under this Act shall be commenced within 2 years after the cause of action was discovered.

(b) Upon motion, a court shall award reasonable attorney's fees, court costs, and litigation expenses, including expert witness fees and other litigation expenses, to a plaintiff who is a prevailing party in any action brought under this Act. In awarding reasonable attorney's fees, the court shall consider the degree to which the relief obtained relates to the relief sought.

(Source: P.A. 103-786, eff. 8-7-24.)

(735 ILCS 40/28-13)

Sec. 28-13. Reservation of rights. Nothing in this Section shall be construed to narrow, restrict, or otherwise limit in any way any rights, protections, or causes of action with respect to lawful health care, including, but not limited to, any rights, protections, or causes of action set forth in the Reproductive Health Act.

(Source: P.A. 103-786, eff. 8-7-24.)

(735 ILCS 40/28-14)

Sec. 28-14. Home rule preemption. The regulation of lawful health care activity is an exclusive power and function of the State. A home rule unit may not regulate lawful health care activity. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(Source: P.A. 103-786, eff. 8-7-24.)

(735 ILCS 40/28-15)

Sec. 28-15. Conflict of law. Notwithstanding any general or special law or common law conflict of law rule to the contrary, the laws of this State shall govern in any case or controversy heard in this State related to lawful health care activity.

(Source: P.A. 102-1117, eff. 1-13-23.)

(735 ILCS 40/28-20)

Sec. 28-20. Limits on execution of foreign judgments. In any action filed to enforce the judgment of a foreign state, issued in connection with any litigation concerning lawful health care, the court hearing the action shall not give any force or effect to any judgment issued without jurisdiction.

(Source: P.A. 102-1117, eff. 1-13-23.)

(735 ILCS 40/28-25)

Sec. 28-25. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

(Source: P.A. 102-1117, eff. 1-13-23.)

(735 ILCS 40/28-30)

Sec. 28-30. (Amendatory provisions; text omitted).

(Source: P.A. 102-1117, eff. 1-13-23; text omitted.)

(735 ILCS 40/28-35)

Sec. 28-35. (Amendatory provisions; text omitted).

(Source: P.A. 102-1117, eff. 1-13-23; text omitted.)

(735 ILCS 40/28-40)

Sec. 28-40. (Amendatory provisions; text omitted).

(Source: P.A. 102-1117, eff. 1-13-23; text omitted.)

(735 ILCS 40/Art. 29 heading) Article 29. (The Protecting Reproductive Health Care Services Act is compiled at 740 ILCS 126/)(Source: P.A. 102-1117, eff. 1-13-23.)

(735 ILCS 40/Art. 30 heading) Article 30. (Amendatory provisions; text omitted)(Source: P.A. 102-1117, eff. 1-13-23; text omitted.)

(735 ILCS 40/Art. 99 heading) Article 99.

(Source: P.A. 102-1117, eff. 1-13-23.)

(735 ILCS 40/99-95)

Sec. 99-95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

(Source: P.A. 102-1117, eff. 1-13-23.)

(735 ILCS 40/99-97)

Sec. 99-97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

(Source: P.A. 102-1117, eff. 1-13-23.)

(735 ILCS 40/99-99)

Sec. 99-99. Effective date. This Act takes effect upon becoming law, except that Article 16 takes effect on January 1, 2025.

(Source: P.A. 102-1117, eff. 1-13-23; 103-551, eff. 8-11-23.)