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