Public Act 104-0433
 
HB3709 EnrolledLRB104 10311 LNS 20385 b

    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.