Public Act 0433 104TH GENERAL ASSEMBLY

HB3709 Enrolled LRB104 10311 LNS 20385 b

Public Act 104-0433

AN ACT concerning education.

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

Section 5. The Public Higher Education Act is amended by changing Section 5 and by adding Sections 19 and 20 as follows:

(110 ILCS 167/5)

Sec. 5. Definitions. As used in this Act:

"Contraception" means medication or medical devices used to prevent pregnancy.

"Emergency contraception" means medication approved by the federal Food and Drug Administration (FDA) that can significantly reduce the risk of pregnancy if taken within 72 hours after unprotected sexual intercourse.

"Governing board of each public institution of higher education" means the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, the board of trustees of each community college district in this State, and the governing board of any other public university, college, or community college now or hereafter established or authorized by the General Assembly.

"Medication abortion" means termination of pregnancy by use of medication.

"Primary care services" has the meaning given to that term in Section 10 of the Equity and Representation in Health Care Act.

"Public institution of higher education" means the University of Illinois, Southern Illinois University, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, Western Illinois University, a public community college in this State, or any other public university, college, or community college now or hereafter established or authorized by the General Assembly.

"Student health services" means any clinic, facility, or program operated by or affiliated with a public institution of higher education intending to provide primary care services to enrolled students of the public institution of higher education.

"Wellness kiosk" means a mechanical device used for retail sales of wellness products that may include, but is not limited to, prophylactics, menstrual cups, tampons, menstrual pads, pregnancy tests, and nonprescription drugs. A wellness kiosk must also include discounted emergency contraception.

(Source: P.A. 103-465, eff. 8-4-23.)

(110 ILCS 167/19 new)

Sec. 19. Medication contraception availability on campus.

(a) Beginning with the 2025-2026 school year, each public institution of higher education with student health services shall provide enrolled students with access to one or more health care professionals whose scopes of practice collectively include prescribing and dispensing contraception to patients in this State. These health care professionals shall be available to discuss contraception options, prescribe contraception as needed, including both medication and procedural-based forms of contraception, and dispense contraception. This service shall be provided through student health services, telehealth services, or other external licensed providers.

(b) Beginning with the 2025-2026 school year, if a public institution of higher education's student health services includes a pharmacy, the pharmacy on campus shall dispense contraception to enrolled students who wish to fill their prescriptions at that pharmacy. A student may choose to fill the student's prescription at a third-party pharmacy.

(c) Beginning with the 2025-2026 school year, each public institution of higher education with student health services shall make available, on the public institution of higher education's student health services' website, information on how students can access medication contraception on campus.

(d) Each public institution of higher education shall report annually to the Board of Higher Education that policies under this Section have been adopted. This may be included in an existing report. The Board of Higher Education shall annually post, on its website, each public institution of higher education's compliance with the policies under this Section.

(110 ILCS 167/20 new)

Sec. 20. Medication abortion availability on campus.

(a) Beginning with the 2025-2026 school year, each public institution of higher education with student health services shall provide enrolled students with access to one or more health care professionals whose scopes of practice include prescribing medication abortion to patients in this State. These health care professionals shall be available to discuss abortion options and prescribe medication abortion as needed. This service shall be provided through student health services, telehealth services, or other external licensed providers.

(b) Beginning with the 2025-2026 school year, if a public institution of higher education's student health services includes a pharmacy, the public institution of higher education shall make medication abortion available at a physical location on campus. Enrolled students shall be able to access medication abortion at either a pharmacy on campus, the student health center via a health care professional licensed to dispense medication abortion, or another physical location on campus where students access other similar medications. A student may choose to fill the student's prescription at a third-party pharmacy.

(c) Beginning with the 2025-2026 school year, each public institution of higher education with student health services shall make available, on the public institution of higher education's student health services' website, information on how students can access medication abortion on campus.

(d) Each public institution of higher education shall report annually to the Board of Higher Education that policies under this Section have been adopted. This may be included in an existing report. The Board of Higher Education shall post annually, on its website, each public institution of higher education's compliance with the policies under this Section.

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

Section 99. Effective date. This Act takes effect upon becoming law.