Public Act 0860 103RD GENERAL ASSEMBLY

HB5405 Enrolled LRB103 37925 CES 68057 b

Public Act 103-0860

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois is amended by adding Section 2310-730 as follows:

(20 ILCS 2310/2310-730 new)

Sec. 2310-730. Diversity in clinical trials.

(a) As used in this Section, "underrepresented community" or "underrepresented demographic group" means a community or demographic group that is more likely to be historically marginalized and less likely to be included in research and clinical trials represented by race, ethnicity, sex, sexual orientation, socioeconomic status, age, and geographic location.

(b) Any State entity or hospital that receives funding from the National Institutes of Health for the purpose of conducting clinical trials of drugs or medical devices is required to:

(1) adopt a policy that will result in the identification and recruitment of persons who are members of underrepresented demographic groups to participate in the clinical trials and that:

(A) includes specific strategies for trial enrollment and retention of diverse participants, including, but not limited to, site location and access, sustained community engagement, and reducing burdens due to trial design or conduct, as appropriate; and

(B) uses strategies recommended by the United States Food and Drug Administration to identify and recruit those persons to participate in the clinical trials;

(2) provide information to trial participants in languages other than English in accordance with current federal requirements;

(3) provide translation services or bilingual staff for trial recruitment and consent processes;

(4) provide culturally specific recruitment materials alongside general enrollment materials; and

(5) provide remote consent options when not prohibited by the granting entity or federal regulations.

(c) The Department, through voluntary reporting from research institutions and in consultation with community-based organizations and other stakeholders as appropriate and available, shall analyze and provide recommendations on the following:

(1) the demographic groups and populations that are currently represented and underrepresented in clinical trials in Illinois, including representation of groups based on their geographic location;

(2) the barriers that prevent persons who are members of underrepresented demographic groups from participating in clinical trials in Illinois, including barriers related to transportation; and

(3) approaches for how clinical trials can successfully partner with community-based organizations and others to provide outreach to underrepresented communities.

By July 1, 2026, the Department shall issue a report and post on its website the results of the analysis required under this subsection and any recommendations to increase diversity and reduce barriers for participants in clinical trials.

(d) The Department shall review the most recent guidance on race and ethnicity data collection in clinical trials published by the United States Food and Drug Administration and establish, using existing infrastructure and tools an Internet website that:

(1) provides information concerning methods recognized by the United States Food and Drug Administration for identifying and recruiting persons who are members of underrepresented demographic groups to participate in clinical trials; and

(2) contains links to Internet websites maintained by medical facilities, health authorities and other local governmental entities, nonprofit organizations, and scientific investigators and institutions that are performing research relating to drugs or medical devices in this State.

The Department may apply for grants from any source, including, without limitation, the Federal Government, to fund the requirements of this Section.

Effective Date: 1/1/2025