Rep. Mary E. Flowers
Filed: 2/27/2023
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1 | AMENDMENT TO HOUSE BILL 3
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2 | AMENDMENT NO. ______. Amend House Bill 3, AS AMENDED, with | ||||||
3 | reference to page and line numbers of House Amendment No. 2, on | ||||||
4 | page 17, line 10, by replacing " Any " with " Within 150 days of | ||||||
5 | the effective date of this amendatory Act of the 103rd General | ||||||
6 | Assembly, any "; and | ||||||
7 | by replacing line 24 on page 17 through line 13 on page 22 with | ||||||
8 | the following:
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9 | "(410 ILCS 50/3.4 rep.) | ||||||
10 | Section 25. The Medical Patient Rights Act is amended by | ||||||
11 | repealing Section 3.4."; and | ||||||
12 | on page 60, line 25, after "eff. 8-20-21.)" by inserting the | ||||||
13 | following: | ||||||
14 | "Section 50. The Illinois Human Rights Act is amended by |
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1 | adding Section 6-103 as follows: | ||||||
2 | (775 ILCS 5/6-103 new) | ||||||
3 | Sec. 6-103. Rights of patients; maternity care; disclosure | ||||||
4 | of medical information. | ||||||
5 | (a) As used in this Section: | ||||||
6 | "Maternity care" means the health care provided in | ||||||
7 | relation to pregnancy, labor, and childbirth, and the | ||||||
8 | postpartum period, and includes prenatal care, care during | ||||||
9 | labor and birthing, and postpartum care extending through | ||||||
10 | one-year postpartum. Maternity care shall seek to optimize | ||||||
11 | positive outcomes for the patient, and be provided on the | ||||||
12 | basis of the physical and psychosocial needs of the patient. | ||||||
13 | Notwithstanding any of the above, all care shall be subject to | ||||||
14 | the informed and voluntary consent of the patient, or the | ||||||
15 | patient's legal proxy, when the patient is unable to give | ||||||
16 | consent. | ||||||
17 | "State" includes any branch, department, agency, | ||||||
18 | instrumentality, and official or other person acting under | ||||||
19 | color of law of this State or a political subdivision of the | ||||||
20 | State, including any unit of local government (including a | ||||||
21 | home rule unit), school district, instrumentality, or public | ||||||
22 | subdivision. | ||||||
23 | (b) In addition to any other right provided under this | ||||||
24 | Act, every patient has the following rights whenever receiving | ||||||
25 | maternity care: |
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1 | (1) The right to choose a maternity care provider from | ||||||
2 | the full range of providers available in the patient's | ||||||
3 | community. | ||||||
4 | (2) The right to choose the patient's birth setting | ||||||
5 | from the full range of birthing options available in the | ||||||
6 | patient's community. | ||||||
7 | (3) The right to leave the patient's maternity care | ||||||
8 | professional to select another if the patient becomes | ||||||
9 | dissatisfied with the quality of the care provided. | ||||||
10 | (4) The right to receive information about the names | ||||||
11 | of those health care professionals involved in the | ||||||
12 | patient's care and in the care of the patient's newborn. | ||||||
13 | (5) The right to privacy and confidentiality of | ||||||
14 | records, except as provided by law. | ||||||
15 | (6) The right to receive information concerning the | ||||||
16 | patient's condition and proposed treatment, including | ||||||
17 | methods of relieving pain. | ||||||
18 | (7) The right to refuse any treatment offered to the | ||||||
19 | patient or the patient's infant. | ||||||
20 | (8) The right to be informed if the patient's | ||||||
21 | caregivers wish to enroll the patient or the patient's | ||||||
22 | infant in a research study. | ||||||
23 | (9) The right to access the patient's own medical | ||||||
24 | records under Section 8-2001 of the Code of Civil | ||||||
25 | Procedure. | ||||||
26 | (10) The right to receive information in a language in |
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1 | which the patient can communicate in accordance with | ||||||
2 | federal law. | ||||||
3 | (11) The right to receive emotional and physical | ||||||
4 | support during labor and birth. | ||||||
5 | (12) The right to freedom of movement during labor and | ||||||
6 | to give birth in the position of the patient's choice, to | ||||||
7 | the extent medically possible. | ||||||
8 | (13) The right to contact with the patient's newborn, | ||||||
9 | except where necessary care must be provided to the | ||||||
10 | patient or the patient's infant. | ||||||
11 | (14) The right to decide, in consultation with their | ||||||
12 | caregivers, when the patient or the patient's newborn will | ||||||
13 | leave the birth site for home, based on their conditions | ||||||
14 | and circumstances. | ||||||
15 | (c) The Department of Public Health, the Department of | ||||||
16 | Healthcare and Family Services, the Department of Children and | ||||||
17 | Family Services, and the Department of Human Services shall | ||||||
18 | post, either by physical or electronic means, information | ||||||
19 | about these rights on their publicly available websites. Every | ||||||
20 | health care provider, day care center licensed under the Child | ||||||
21 | Care Act of 1969, Head Start, and community center shall post | ||||||
22 | information about these rights in a prominent place and on | ||||||
23 | their websites, if applicable. | ||||||
24 | (d) The Department of Human Rights shall adopt rules to | ||||||
25 | implement this Section. | ||||||
26 | (e) Nothing in this Section or any rules adopted under |
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1 | subsection (d) shall be construed to require a physician, | ||||||
2 | health care professional, hospital, hospital affiliate, or | ||||||
3 | health care provider to provide care inconsistent with | ||||||
4 | generally accepted medical standards or available capabilities | ||||||
5 | or resources. | ||||||
6 | (f) Notwithstanding any other provision of law, and except | ||||||
7 | as otherwise provided in this Section, a patient has the right | ||||||
8 | for a physician, health care provider, health services | ||||||
9 | corporation, or insurance company to administer any of the | ||||||
10 | following medical tests without disclosing the results of the | ||||||
11 | tests to a State or local law enforcement agency or the | ||||||
12 | Department of Children and Family Services: | ||||||
13 | (1) Any verbal screening or questioning concerning the | ||||||
14 | drug or alcohol use of a pregnant or postpartum person. | ||||||
15 | (2) Any toxicology test administered to a person who | ||||||
16 | is pregnant or has given birth within the previous 12 | ||||||
17 | weeks. | ||||||
18 | (3) Any toxicology test administered to a newborn. | ||||||
19 | A physician, health care provider, health services | ||||||
20 | corporation, or insurance company who administers a medical | ||||||
21 | test described under paragraph (1), (2), or (3), may disclose | ||||||
22 | the results of the test if a law enforcement agency has | ||||||
23 | successfully obtained and furnished a search warrant issued | ||||||
24 | under Section 108-3 of the Code of Criminal Procedure of 1963.
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25 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.".
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