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HomeMy WebLinkAboutOrdinance 43-O-25, Health Data Protection Ordinance (1) 6/23/2025 43-O-25 AN ORDINANCE Amending Title 1 Creating Chapter 23, “Bodily Autonomy” & Title 8, Chapter 1, “Health Department” WHEREAS, the City of Evanston is a home rule municipality under the Illinois Constitution of 1970; and WHEREAS, the State of Illinois Reproductive Health Act (775 ILCS 55) provides that local governments “may enact ordinances, standards, rules, or regulations that protect an individual's ability to freely exercise the fundamental rights set forth in [the] Act in a manner or to an extent equal to or greater than the protection provided in [the] Act;” and WHEREAS, on June 24, 2022 in the matter of Dobbs v. Jackson Women’s Health Organization, the Supreme Court of the United States ruled that the Constitution of the United States does not confer a right to an abortion; and WHEREAS, the right to reproductive health care is a fundamental right secured by Illinois law, and Illinois’s bordering states either place stringent restrictions on abortion access or ban abortion with very narrow exceptions; and WHEREAS, in 2024, an estimated 89,770 abortions took place in Illinois, a nearly 50% increase since 2020, and 23% of all patients nationally who crossed state lines to obtain an abortion came to Illinois to receive care – by far the highest in the country; and ~1~ 43-O-25 ~2~ WHEREAS, the rights to bodily autonomy and to make one’s own decisions about health care without coercion or outside influence are under assault from both the federal government and our neighboring states; and WHEREAS, since January 20, 2025, LGBTQIA+ people across the country have been targeted by several federal executive orders that aim to curtail life- saving gender-affirming healthcare and reproductive healthcare, posing significant public health and safety risks to LGBTQIA+ people in particular; and WHEREAS, these executive orders are in direct conflict with Evanston’s strong commitment to ensuring all people have access to healthcare regardless of gender identity; and WHEREAS, Evanston residents as well as persons visiting from other states may have questions about access to reproductive or gender-affirming health care services within the City of Evanston; and WHEREAS, the City of Evanston desires to reaffirm its commitment to protecting an individual's ability to freely exercise their fundamental health care rights by protecting access to all such health care choices; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1. Title 1 of the Evanston City Code is hereby amended to add Chapter 23, “Bodily Autonomy”. CHAPTER 23 – BODILY AUTONOMY 1-23-1. - PUBLIC POLICY. 43-O-25 ~3~ The City of Evanston respects the fundamental right of individuals to make autonomous decisions about reproductive health care and the expression of gender identity through one's own body. The City will work to protect people's reproductive and gender-affirming choices and condemns the creation and enforcement of laws passed by other jurisdictions that seek to impose civil or criminal liability on persons who seek and receive, or assist with the provision or receipt of, reproductive health care or gender-affirming care. 1-23-2. – DEFINITIONS. For the purpose of this Chapter: AGENCY Every City department, agency, division, commission, council, committee, board, or other body or person established by authority of a City ordinance or resolution, City Council order, or executive order. AGENT Any person employed by or acting on behalf of an agency. BODILY AUTONOMY Self-governance over one's own reproductive options and gender identity, including reproductive health care and gender-affirming care. GENDER- AFFIRMING CARE All services, supplies, drug therapies, and other care of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative, or supportive nature that an individual may receive to support and affirm the individual's gender identity. PERSONALLY IDENTIFIABLE INFORMATION Information that identifies, relates to, describes, or is reasonably capable of being associated with, linked, or inferred, directly or indirectly, with a particular individual or household. REPRODUCTIVE HEALTH CARE Health care offered, arranged, or furnished for the purpose of preventing pregnancy, terminating a pregnancy, managing pregnancy loss, or improving maternal health and birth outcomes. Reproductive health care includes, but is not limited to, contraception, sterilization, preconception care, assisted reproduction, maternity care, abortion care, and counseling regarding reproductive health care. 43-O-25 ~4~ RESTRICTIVE LAW Any statute, ordinance, rule, regulation, or other law that restricts an individual's bodily autonomy in a manner inconsistent with the laws of Illinois and includes laws of another state or jurisdiction that establish liabilities, penalties, or other discipline for any person performing, providing, administering, receiving, obtaining, seeking, or aiding a person seeking reproductive health care or gender-affirming care, regardless of whether such law is styled as a charge relating to homicide, child abuse, or any other charge that is a pretext for enforcing such a restrictive law. THIRD PARTY An entity other than an agency or agent. 1-23-3. – ENFORCEMENT. (a) Except as required by a statute or regulation that applies to the City, or as required by an order of a court of competent jurisdiction or lawfully issued judicial warrant of a court of competent jurisdiction, no agent or agency shall: (1) Provide information related to, or in furtherance of, any investigation or proceeding initiated in or by another state or jurisdiction that seeks to impose civil or criminal liability or professional sanctions upon a person for: (A) the provision or receipt of, or any inquiry concerning, reproductive health care and/or gender-affirming care that is legal in the State of Illinois; or (B) any assistance given to any person or entity that relates to the provision or receipt of, or any inquiry concerning, reproductive health care and/or gender-affirming care that is legal in the State of Illinois. (2) Enter into or renew any agreement providing direct access to any electronic database or other data -sharing platform maintained by any agency , or a third party on behalf of an agency, or otherwise provide direct access to such database to: (A) any person or entity if the agency or agent determines that the purpose of such access is related to, or in furtherance of, any investigation or proceeding initiated in or by another state or jurisdiction that seeks to impose civil or criminal liabilit y or professional sanctions upon a person for: (i) the provision or receipt of, or any inquiry concerning, reproductive health care and/or gender-affirming care that is legal in the State of Illinois; or (ii) any assistance given to any person or entity that relates to the provision or receipt of, or any inquiry concerning, 43-O-25 ~5~ reproductive health care and/or gender-affirming care that is legal in the State of Illinois; or (B) any third party or parties, unless all such parties certify in a written declaration that the information in such databases or other data - sharing platforms will not be used for or knowingly disseminated to any other party for any purpose related to any investigation or proceeding initiated in or by another state or jurisdiction that seeks to impos e civil or criminal liability or professional sanctions upon a person for: (i) the provision or receipt of, or any inquiry concerning, reproductive health care and/or gender-affirming care that is legal in the State of Illinois; or (ii) any assistance given to any person or entity that relates to the provision or receipt of, or any inquiry concerning, reproductive health care and/or gender-affirming care that is legal in the State of Illinois. (3) Participate in any law enforcement action or operation or assist in the civil enforcement of a restrictive law. (4) Stop, arrest, detain, continue to detain an individual, or transfer an individual into the custody of another jurisdiction, based solely on a restrictive law or on a request to extradite an individual pursuant to a restrictive law unless the acts forming the basis of the prosecution of the crime charged would also constitute a criminal offense under the laws of the State of Illinois. (5) Permit law enforcement of another jurisdiction: (A) access, including by telephone, to an individual being detained by, or in the custody of, the agency or agent for purposes of investigative interviews in relation to a foreign investigation for enforcement of a restrictive law; or (B) use of agency facilities or data, including personally identifiable information, for investigative interviews or other investigative purpose in relation to a foreign investigation for enforcement of a restrictive law. (6) Use any City resources, including an agent's time, in responding to inquiries from, or communicating with, any state or person investigating, initiating, or pursuing a civil or criminal action against a person based on a restrictive law, other than to respond that the City will not be assisting in the action or take the necessary legal action to effect the goals of this Section. (b) Each agency that may be asked to assist in the investigation or enforcement of a restrictive law shall, in consultation with the City Manager or designee, develop a policy to (i) prevent violation of this Section, (ii) ensure that all facilities remain safe and accessible to any person alleged to have violated a restrictive law, and (iii) train applicable staff on the provisions of this Section, including staff who respond to Freedom of Information Act requests. All such agencies shall establish policie s that limit data sharing , including personally identifiable information, in relation to allegations of the violation of a restrictive law to the fullest extent possible consistent with federal and Illinois law. Any agency that creates a policy pursuant to this Section shall annually review the policy and update it to reflect a ny changes in the legal 43-O-25 ~6~ landscape. Any policy that is changed shall be reported to the City Manager or designee. (c) If an agency receives a request to provide assistance with the investigation of or enforcement of a restrictive law, the agency shall immediately report the request to the City Manager or designee. The City Manager or designee shall determine whether the request is to assist in the investigation of or enforcement of a restrictive law. If the City Manager or designee determines that the request is to assist in the investigation of or enforcement of a restrictive law, the City Manager or designee shall decline the request. (d) The City Manager or designee shall report annually to the Mayor and the City Council the number of requests for assistance in the enforcement of any restrictive laws including the sources, frequency, and nature of requests and the agencies' response to such requests. These reports shall not contain any personally identifiable information or private information in order to protect the identities and privacy of any person alleged to have violated a restrictive law. (e) Nothing in this section shall prohibit the investigation of any activity prohibited under Illinois law, provided that no information relating to any medical procedure performed on an individual or relating to any medical resources provided to a specific individual may be shared with an out -of-state agency or any other person unless the individual gives written authorization for such data sharing. (f) This Section does not create or form the basis for liability on the part of the City, its agents, or agencies. A remedy for the violation of this Section shall be through the City's disciplinary procedures for officers and employees under regulations including but not limited to the City personnel rules, union contracts, or any other agency rules or regulations. A person alleging a violation of this chapte r shall forward a complaint to the City Manager or designee who shall process it in accordance with the City’s complaint-processing procedures. Nothing in this section shall preclude a person from seeking injunctive or declaratory relief for a violation of this section. The City reserves the right to challenge any such order of court or lawfully issued judicial warrant as referred to in subsection (a). 1-23-4. - RESOURCES RELATED TO BODILY AUTONOMY. The City of Evanston’s Department of Health and 311 Information Service shall take reasonable steps to provide callers with information o r resources for people seeking reproductive or gender-affirming health care, which may include directing calls to an organization that can provide assistance. In responding to calls for information, 311 Information Service shall not collect or retain any identifying information about a patient or health care professional. In responding to calls for information, the Department of Health shall not collect or retain any identifying information about a patient or health care professional unless the information relates to a communicable disease investigation or outbreak pursuant to Sections 8-1-2 and 8-1-3-3 of this Code. The City shall ensure that residents who have limited proficiency in the English language have meaningful access to such services. The City shall develop and implement protocols to maintain the privacy and shield the identity of callers in accordance with this Section. 43-O-25 ~7~ 1-23-5. - HOME RULE. This Section is intended to protect an individual’s ability to exercise fundamental rights under the Evanston City Code and under Illinois law, including the right to make autonomous decisions about one's own reproductive health, to an extent equal to or greater than the protections under the Reproductive Health Act, 775 ILCS 55 et seq. SECTION 2. Title 8, Chapter 1, “Health Department” is hereby amended as follows: 8-1-3-2. - BOOKS AND RECORDS. It shall be the duty of the Public Health Director City Clerk to keep records of all transactions of the Department of Health, including regarding the proper registration of births and deaths. , In the event of a temporary absence or disability in performance of the City Clerk’s duties, or in the event of a vacancy in the office of the City Clerk, it shall be the duty of the Public Health Director to keep records of all transactions regarding the proper registration of births and deaths. It shall be the duty of the Public Health Director to keep all records of cases of communicable diseases, medical information, and other health and such other statistical information as may be necessary for the efficient working of the Department of Health or as required by law. He/she The Public Health Director shall also keep on hand all necessary blanks and forms to be used by physicians and furnish them with the same on application. 8-1-3-3 – DATA PRIVACY. It shall be the duty of the Public Health Director to ensure that all medical records held, maintained, or received by the Department are treated as confidential under the Health Insurance Portability and Accountability Act, 42 U.S.C. § 1320d et seq., and applicable state law. Access to such records shall be limited to authorized Department staff or authorized personnel of the Illinois Department of Public Health who shall use the records for public health purposes only. Such records must be destroyed within 2 years after date of receipt unless otherwise required by applicable law or a declaration or administrative policy of the Illinois Department of Public Health . The Department may make aggregate data derived from the records publicly available so long as such disclosure does not reveal any personally identifiable information about a patient or health care professional. All records held, maintained, or received by the Department of Health must comply with the information-sharing restrictions related to reproductive and gender-affirming care in City Code Section 1-23-3. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 43-O-25 ~8~ SECTION 4: If any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 5: This Ordinance shall be in full force and effect beginning upon passage. SECTION 6: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: _________________, 2025 Adopted: ___________________, 2025 Approved: __________________________, 2025 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Alexandra B, Ruggie, Corporation Counsel