HB1046 103RD GENERAL ASSEMBLY

LRB103 04888 CPF 49898 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1046

Introduced 1/12/2023, by Rep. Mary E. Flowers

SYNOPSIS AS INTRODUCED:

See Index

Provides that the amendatory Act may be referred to as the Reproductive Liberty and Dignity Act. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to establish reproductive health clinics meeting specified requirements throughout the State. Amends the Equity and Representation in Health Care Act. Provides that a licensed certified professional midwife is a "health care professional". Provides that a reproductive health clinic established at a nonprofit community health center is a "medical facility". Defines "licensed certified professional midwife". Amends the Birth Center Licensing Act. Makes changes to the definition of "birth center". Amends the Licensed Certified Professional Midwife Practice Act. Provides that a licensed certified professional midwife may provide out-of-hospital care to a childbearing individual who has had a previous cesarean section if it is authorized by the Department of Financial and Professional Regulation. Removes language prohibiting a licensed certified professional midwife from (1) performing an abortion or (2) knowingly accepting responsibility for prenatal or intrapartum care of a client with alcoholism or alcohol abuse or drug addiction or abuse. Amends the Abused and Neglected Child Reporting Act. Removes language providing that "neglected child" means, among other things, any child who is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance. Amends the Medical Patient Rights Act. Makes changes to provisions regarding the rights of women with regard to pregnancy and childbirth. Provides that, notwithstanding any other provision of law, unless specified exceptions exist, a patient has the right for a physician, health care provider, health services corporation, or insurance company to administer specified medical tests without disclosing the results of the test to a law enforcement agency or to the Department of Children and Family Services. Establishes penalties for violating the provisions. Amends the Vital Records Act. Makes changes to provisions regarding certificates of stillbirth.

A BILL FOR

AN ACT concerning health.

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

Section 1. This Act may be referred to as the Reproductive Liberty and Dignity Act.

Section 5. The Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois is amended by adding Section 2310-438 as follows:

(20 ILCS 2310/2310-438 new)

Sec. 2310-438. Reproductive health clinics.

(a) The Department shall establish reproductive health clinics throughout the State to provide comprehensive access to essential reproductive health services. The services provided at the reproductive health clinics shall be offered at an affordable price and shall include, but not be limited to, all of the following:

(1) Annual women's health examinations, including Papanicolaou tests and breast examinations.

(2) Pregnancy confirmation.

(3) Prenatal care, including ultrasound examinations.

(4) Labor and delivery.

(5) Postpartum care and support.

(6) Family planning examinations and birth control.

(7) Abortion care and post-abortion care.

(8) Examinations, care, and prescriptions for sexually transmitted diseases and infections.

(9) Doulas and childbirth consultants, with fees set on a sliding scale based on the patient's income.

(10) Free childbirth education, breastfeeding support, and parenting support offered on-site.

(b) No reproductive health clinic established under this Section shall refuse access to services described under subsection (a) to a patient seeking such access on the basis of his or her immigration status, state or territory of residence, insurance status, or any characteristic otherwise protected under the Illinois Human Rights Act.

Section 10. The Equity and Representation in Health Care Act is amended by changing Section 10 as follows:

(110 ILCS 932/10)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 10. Definitions. As used in this Act:

"Accredited school" means a college or university in which a degree in allopathic medicine, osteopathic medicine, dentistry, physical therapy, or an equivalent credential for a health program is earned and for which the Council for Higher Education Accreditation or its affiliates has determined that the school meets specific standards for its programs, faculty, and curriculum.

"Advanced practice registered nurse" or "APRN" means an advanced practice registered nurse as defined under Section 50-10 of the Nurse Practice Act.

"Allopathic medicine" means the use of pharmacological agents or physical interventions to treat or suppress symptoms or processes of diseases or conditions.

"Applicant" means a health care professional or medical facility who applies for loan repayment assistance or scholarship funds under this Act.

"Approved graduate training" means training in medicine, dentistry, or any other health profession that leads to eligibility for board certification, provides evidence of completion, and is approved by the appropriate health care professional's body.

"Behavioral health provider" means a provider of a commonly recognized discipline in the behavioral health industry, including, but not limited to, licensed clinical social workers, behavioral health therapists, certified marriage and family counselors, licensed social workers, and addiction counselors.

"Breach of service obligation" means failure for any reason to begin or complete a contractual service commitment.

"Commercial loan" means a loan made by a bank, credit union, savings and loan association, insurance company, school, or other financial institution.

"Community health center" means a migrant health center, community health center, health care program for the homeless or for residents of public housing supported under Section 330 of the federal Public Health Service Act, or FQHC, including an FQHC Look-Alike, as designated by the U.S. Department of Health and Human Services, that operates at least one federally designated primary health care delivery site in Illinois.

"Default" means failure to meet a legal obligation or condition of a loan.

"Department" means the Department of Public Health.

"Dental assistant" means a person who serves as a member of a dental care team, working directly with a dentist to perform duties that include, but are not limited to, assisting with dental procedures, preparing patients for procedures, preparing examinations, and sterilizing equipment.

"Dentist" means a person licensed to practice dentistry under the Illinois Dental Practice Act.

"Director" means the Director of Public Health.

"Equity and Representation in Health Care Workforce Repayment Program" or "Repayment Program" means the Equity and Representation in Health Care Workforce Repayment Program created under subsection (a) of Section 15.

"Equity and Representation in Health Care Workforce Scholarship Program" or "Scholarship Program" means the Equity and Representation in Health Care Workforce Scholarship Program created under subsection (b) of Section 15.

"Federally Qualified Health Center" or "FQHC" means a health center funded under Section 330 of the federal Public Health Service Act.

"Federally Qualified Health Center Look-Alike" or "FQHC Look-Alike" means a health center that meets the requirements for receiving a grant under Section 330 of the federal Public Health Service Act but does not receive funding under that authority.

"Government loan" means a loan made by a federal, State, county, or city agency authorized to make the loan.

"Health care professional" means a physician, physician assistant, advanced practice registered nurse, nurse, licensed certified professional midwife, chiropractic physician, podiatrist, physical therapist, physical therapist assistant, occupational therapist, speech therapist, behavioral health provider, psychiatrist, psychologist, pharmacist, dentist, medical assistant, dental assistant, or dental hygienist.

"Health professional shortage area" or "HPSA" means a designation from the U.S. Department of Health and Human Services that indicates the shortage of primary medical care or dental or mental health providers. The designation may be geographic, such as a county or service area; demographic, such as low-income population; or institutional, such as a comprehensive health center, FQHC, or other public facility.

"Lender" means the commercial or government entity that makes a qualifying loan.

"Licensed certified professional midwife" means a person who meets the requirements under Section 45 of the Licensed Certified Professional Midwife Practice Act and holds an active license to practice as a certified professional midwife in Illinois.

"Loan repayment award" or "award" means the amount of funding awarded to a recipient based upon his or her reasonable educational expenses, up to a maximum established by the program.

"Loan repayment agreement" or "agreement" means the written instrument defining a legal relationship entered into between the Department and a recipient.

"Medical assistant" means a person who serves as a member of a medical care team working directly with other providers to perform duties that include, but are not limited to, gathering patient information, taking vital signs, preparing patients for examinations, and assisting physicians during examinations.

"Medical facility" means a facility in which the delivery of health services is provided. A medical facility must be a nonprofit or public facility located in Illinois and includes the following:

(1) A Federally Qualified Health Center.

(2) An FQHC Look-Alike.

(3) A hospital system operated by a county with more than 3,000,000 residents.

(4) A reproductive health clinic established at a nonprofit community health center under Section 2310-438 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois, if approved by the Department.

"Medically underserved area" or "MUA" means an area designated by the U.S. Department of Health and Human Services' Health Resources and Services Administration as having too few primary care providers, high infant mortality, high poverty, or a high elderly population.

"Nurse" means a person who is licensed as a licensed practical nurse or as a registered nurse under the Nurse Practice Act.

"Osteopathic medicine" means medical practice based upon the theory that diseases are due to loss of structural integrity, which can be restored by manipulation of the parts and supplemented by therapeutic measures.

"Physical therapist" means an individual licensed as a physical therapist under the Illinois Physical Therapy Act.

"Physical therapist assistant" means an individual licensed as a physical therapist assistant under the Illinois Physical Therapy Act.

"Physician" means a person licensed to practice medicine in all of its branches under the Medical Practice Act of 1987.

"Physician assistant" means an individual licensed under the Physician Assistant Practice Act of 1987.

"Primary care" means health care that encompasses prevention services, basic diagnostic and treatment services, and support services, including laboratory, radiology, transportation, and pharmacy services.

"Psychiatrist" means a physician licensed to practice medicine in Illinois under the Medical Practice Act of 1987 who has successfully completed an accredited residency program in psychiatry.

"Qualifying loan" means a government loan or commercial loan used for tuition and reasonable educational and living expenses related to undergraduate or graduate education that was obtained by the recipient prior to his or her application for loan repayment and that is contemporaneous with the education received.

"Reasonable educational expenses" means costs for education, exclusive of tuition. These costs include, but are not limited to, fees, books, supplies, clinical travel, educational equipment, materials, board certification, or licensing examinations. "Reasonable educational expenses" do not exceed the estimated standard budget for expenses for the degree program and for the years of enrollment.

"Reasonable living expenses" means room and board, transportation, and commuting costs associated with the applicant's attendance and participation in an educational and workforce training program. "Reasonable living expenses" do not exceed the estimated standard budget for the recipient's degree program and for the years of enrollment.

"Recognized training entity" means an entity approved by the Department to provide training and education for medical assistants and dental assistants.

"Recipient" means a health care professional or medical facility that may use loan repayment funds.

"Rural" has the same meaning that is used by the federal Health Resources and Services Administration to determine eligibility for Rural Health Grants.

"State" means the State of Illinois.

(Source: P.A. 102-942, eff. 1-1-23; revised 9-2-22.)

Section 15. The Birth Center Licensing Act is amended by changing Section 5 as follows:

(210 ILCS 170/5)

Sec. 5. Definitions. In this Act:

"Birth center" means a designated site, other than a hospital:

(1) in which births are planned to occur following a normal, uncomplicated, and low-risk pregnancy;

(2) that is not the pregnant person's usual place of residence;

(3) that is exclusively dedicated to serving the reproductive health care childbirth-related needs of pregnant persons and their newborns, and has no more than 10 beds;

(4) that offers prenatal care and community education services and coordinates these services with other health care services available in the community; and

(5) that does not provide general anesthesia; and or surgery.

(6) that does not provide surgery except as allowed by the Department by rule.

"Certified nurse midwife" means an advanced practice registered nurse licensed in Illinois under the Nurse Practice Act with full practice authority or who is delegated such authority as part of a written collaborative agreement with a physician who is associated with the birthing center or who has privileges at a nearby birthing hospital.

"Department" means the Illinois Department of Public Health.

"Hospital" does not include places where pregnant females are received, cared for, or treated during delivery if it is in a licensed birth center, nor include any facility required to be licensed as a birth center.

"Licensed certified professional midwife" means a person who has successfully met the requirements under Section 45 of the Licensed Certified Professional Midwife Practice Act and holds an active license to practice as a licensed certified professional midwife in Illinois.

"Physician" means a physician licensed to practice medicine in all its branches in Illinois.

"Reproductive health care" has the same meaning as provided in Section 1-10 of the Reproductive Health Act.

(Source: P.A. 102-518, eff. 8-20-21; 102-964, eff. 1-1-23.)

Section 20. The Licensed Certified Professional Midwife Practice Act is amended by changing Section 85 as follows:

(225 ILCS 64/85)

(Section scheduled to be repealed on January 1, 2027)

Sec. 85. Prohibited practices.

(a) A licensed certified professional midwife may not do any of the following:

(1) administer prescription pharmacological agents intended to induce or augment labor;

(2) administer prescription pharmacological agents to provide pain management;

(3) use vacuum extractors or forceps;

(4) prescribe medications;

(5) provide out-of-hospital care to a childbearing individual who has had a previous cesarean section, except as authorized by the Department by rule;

(6) perform abortions or surgical procedures, including, but not limited to, cesarean sections and circumcisions, except for an emergency episiotomy;

(7) knowingly accept responsibility for prenatal or intrapartum care of a client with any of the following risk factors:

(A) chronic significant maternal cardiac, pulmonary, renal, or hepatic disease;

(B) malignant disease in an active phase;

(C) significant hematological disorders, coagulopathies, or pulmonary embolism;

(D) insulin requiring diabetes mellitus;

(E) known maternal congenital abnormalities affecting childbirth;

(F) confirmed isoimmunization, Rh disease with positive titer;

(G) active tuberculosis;

(H) active syphilis or gonorrhea;

(I) active genital herpes infection 2 weeks prior to labor or in labor;

(J) pelvic or uterine abnormalities affecting normal vaginal births, including tumors and malformations;

(K) (blank); alcoholism or alcohol abuse;

(L) (blank); or drug addiction or abuse; or

(M) confirmed AIDS status.

(b) A licensed certified professional midwife shall not administer Schedule II through IV controlled substances. Subject to a prescription by a health care professional, Schedule V controlled substances may be administered by licensed certified professional midwives.

(Source: P.A. 102-683, eff. 10-1-22.)

Section 25. The Abused and Neglected Child Reporting Act is amended by changing Section 3 as follows:

(325 ILCS 5/3) (from Ch. 23, par. 2053)

Sec. 3. As used in this Act unless the context otherwise requires:

"Adult resident" means any person between 18 and 22 years of age who resides in any facility licensed by the Department under the Child Care Act of 1969. For purposes of this Act, the criteria set forth in the definitions of "abused child" and "neglected child" shall be used in determining whether an adult resident is abused or neglected.

"Agency" means a child care facility licensed under Section 2.05 or Section 2.06 of the Child Care Act of 1969 and includes a transitional living program that accepts children and adult residents for placement who are in the guardianship of the Department.

"Blatant disregard" means an incident where the real, significant, and imminent risk of harm would be so obvious to a reasonable parent or caretaker that it is unlikely that a reasonable parent or caretaker would have exposed the child to the danger without exercising precautionary measures to protect the child from harm. With respect to a person working at an agency in his or her professional capacity with a child or adult resident, "blatant disregard" includes a failure by the person to perform job responsibilities intended to protect the child's or adult resident's health, physical well-being, or welfare, and, when viewed in light of the surrounding circumstances, evidence exists that would cause a reasonable person to believe that the child was neglected. With respect to an agency, "blatant disregard" includes a failure to implement practices that ensure the health, physical well-being, or welfare of the children and adult residents residing in the facility.

"Child" means any person under the age of 18 years, unless legally emancipated by reason of marriage or entry into a branch of the United States armed services.

"Department" means Department of Children and Family Services.

"Local law enforcement agency" means the police of a city, town, village or other incorporated area or the sheriff of an unincorporated area or any sworn officer of the Illinois State Police.

"Abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent:

(a) inflicts, causes to be inflicted, or allows to be inflicted upon such child physical injury, by other than accidental means, which causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;

(b) creates a substantial risk of physical injury to such child by other than accidental means which would be likely to cause death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;

(c) commits or allows to be committed any sex offense against such child, as such sex offenses are defined in the Criminal Code of 2012 or in the Wrongs to Children Act, and extending those definitions of sex offenses to include children under 18 years of age;

(d) commits or allows to be committed an act or acts of torture upon such child;

(e) inflicts excessive corporal punishment or, in the case of a person working for an agency who is prohibited from using corporal punishment, inflicts corporal punishment upon a child or adult resident with whom the person is working in his or her professional capacity;

(f) commits or allows to be committed the offense of female genital mutilation, as defined in Section 12-34 of the Criminal Code of 2012, against the child;

(g) causes to be sold, transferred, distributed, or given to such child under 18 years of age, a controlled substance as defined in Section 102 of the Illinois Controlled Substances Act in violation of Article IV of the Illinois Controlled Substances Act or in violation of the Methamphetamine Control and Community Protection Act, except for controlled substances that are prescribed in accordance with Article III of the Illinois Controlled Substances Act and are dispensed to such child in a manner that substantially complies with the prescription;

(h) commits or allows to be committed the offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons as defined in Section 10-9 of the Criminal Code of 2012 against the child; or

(i) commits the offense of grooming, as defined in Section 11-25 of the Criminal Code of 2012, against the child.

A child shall not be considered abused for the sole reason that the child has been relinquished in accordance with the Abandoned Newborn Infant Protection Act.

"Neglected child" means any child who is not receiving the proper or necessary nourishment or medically indicated treatment including food or care not provided solely on the basis of the present or anticipated mental or physical impairment as determined by a physician acting alone or in consultation with other physicians or otherwise is not receiving the proper or necessary support or medical or other remedial care recognized under State law as necessary for a child's well-being, or other care necessary for his or her well-being, including adequate food, clothing and shelter; or who is subjected to an environment which is injurious insofar as (i) the child's environment creates a likelihood of harm to the child's health, physical well-being, or welfare and (ii) the likely harm to the child is the result of a blatant disregard of parent, caretaker, person responsible for the child's welfare, or agency responsibilities; or who is abandoned by his or her parents or other person responsible for the child's welfare without a proper plan of care; or who has been provided with interim crisis intervention services under Section 3-5 of the Juvenile Court Act of 1987 and whose parent, guardian, or custodian refuses to permit the child to return home and no other living arrangement agreeable to the parent, guardian, or custodian can be made, and the parent, guardian, or custodian has not made any other appropriate living arrangement for the child; or who is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act or a metabolite thereof, with the exception of a controlled substance or metabolite thereof whose presence in the newborn infant is the result of medical treatment administered to the mother or the newborn infant. A child shall not be considered neglected for the sole reason that the child's parent or other person responsible for his or her welfare has left the child in the care of an adult relative for any period of time. A child shall not be considered neglected for the sole reason that the child has been relinquished in accordance with the Abandoned Newborn Infant Protection Act. A child shall not be considered neglected or abused for the sole reason that such child's parent or other person responsible for his or her welfare depends upon spiritual means through prayer alone for the treatment or cure of disease or remedial care as provided under Section 4 of this Act. A child shall not be considered neglected or abused solely because the child is not attending school in accordance with the requirements of Article 26 of The School Code, as amended.

"Child Protective Service Unit" means certain specialized State employees of the Department assigned by the Director to perform the duties and responsibilities as provided under Section 7.2 of this Act.

"Near fatality" means an act that, as certified by a physician, places the child in serious or critical condition, including acts of great bodily harm inflicted upon children under 13 years of age, and as otherwise defined by Department rule.

"Great bodily harm" includes bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ, or other serious bodily harm.

"Person responsible for the child's welfare" means the child's parent; guardian; foster parent; relative caregiver; any person responsible for the child's welfare in a public or private residential agency or institution; any person responsible for the child's welfare within a public or private profit or not for profit child care facility; or any other person responsible for the child's welfare at the time of the alleged abuse or neglect, including any person who commits or allows to be committed, against the child, the offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons for forced labor or services, as provided in Section 10-9 of the Criminal Code of 2012, including, but not limited to, the custodian of the minor, or any person who came to know the child through an official capacity or position of trust, including, but not limited to, health care professionals, educational personnel, recreational supervisors, members of the clergy, and volunteers or support personnel in any setting where children may be subject to abuse or neglect.

"Temporary protective custody" means custody within a hospital or other medical facility or a place previously designated for such custody by the Department, subject to review by the Court, including a licensed foster home, group home, or other institution; but such place shall not be a jail or other place for the detention of criminal or juvenile offenders.

"An unfounded report" means any report made under this Act for which it is determined after an investigation that no credible evidence of abuse or neglect exists.

"An indicated report" means a report made under this Act if an investigation determines that credible evidence of the alleged abuse or neglect exists.

"An undetermined report" means any report made under this Act in which it was not possible to initiate or complete an investigation on the basis of information provided to the Department.

"Subject of report" means any child reported to the central register of child abuse and neglect established under Section 7.7 of this Act as an alleged victim of child abuse or neglect and the parent or guardian of the alleged victim or other person responsible for the alleged victim's welfare who is named in the report or added to the report as an alleged perpetrator of child abuse or neglect.

"Perpetrator" means a person who, as a result of investigation, has been determined by the Department to have caused child abuse or neglect.

"Member of the clergy" means a clergyman or practitioner of any religious denomination accredited by the religious body to which he or she belongs.

(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21; 102-813, eff. 5-13-22.)

Section 30. The Medical Patient Rights Act is amended by changing Section 3.4 and by adding Section 3.5 as follows:

(410 ILCS 50/3.4)

Sec. 3.4. Rights of women; pregnancy and childbirth.

(a) In addition to any other right provided under this Act, every woman has the following rights with regard to pregnancy and childbirth:

(1) The right to receive health care before, during, and after pregnancy and childbirth.

(2) The right to receive care for her and her infant that is consistent with WHO recommendations on newborn health: guidelines approved by the WHO Guidelines Review Committee (WHO reference number WHO/MCA/17.07) and WHO recommendations on maternal health: guidelines approved by the WHO Guidelines Review Committee (WHO reference number WHO/MCA/17.10) or the successors to those WHO recommendations generally accepted medical standards.

(3) The right to choose a certified nurse midwife, licensed certified professional midwife, or physician as her maternity care professional.

(4) The right to choose her birth setting from the full range of birthing options available in her community.

(5) The right to leave her maternity care provider professional and select another if she becomes dissatisfied with her care, except as otherwise provided by law.

(6) The right to receive information about the names of those health care professionals involved in her care.

(7) The right to privacy and confidentiality of records, except as provided by law.

(8) The right to receive information concerning her condition and proposed treatment, including methods of relieving pain.

(9) The right to accept or refuse any treatment, to the extent medically possible.

(10) The right to be informed if her caregivers wish to enroll her or her infant in a research study in accordance with Section 3.1 of this Act.

(11) The right to access her medical records in accordance with Section 8-2001 of the Code of Civil Procedure.

(12) The right to receive information in a language in which she can communicate in accordance with federal law.

(13) The right to receive emotional and physical support during labor and birth.

(14) The right to freedom of movement during labor and to give birth in the position of her choice, within generally accepted medical standards.

(15) The right to contact with her newborn, except where necessary care must be provided to the mother or infant.

(16) The right to receive information about breastfeeding.

(17) The right to decide collaboratively with caregivers when she and her newborn baby will leave the birth site for home, based on their conditions and circumstances.

(18) The right to be treated with respect at all times before, during, and after pregnancy by her and her newborn's health care professionals.

(19) The right of each patient, regardless of source of payment, to examine and receive a reasonable explanation of her total bill for services rendered by her maternity care professional or health care provider, including itemized charges for specific services received. Each maternity care professional or health care provider shall be responsible only for a reasonable explanation of those specific services provided by the maternity care professional or health care provider.

(b) The Department of Public Health, Department of Healthcare and Family Services, Department of Children and Family Services, and 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.

(c) The Department of Public Health shall adopt rules to implement this Section.

(d) Nothing in this Section or any rules adopted under subsection (c) 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 or resources.

(Source: P.A. 101-445, eff. 1-1-20; 102-4, eff. 4-27-21.)

(410 ILCS 50/3.5 new)

Sec. 3.5. Disclosure of medical information.

(a) Notwithstanding any other provision of law, and except as otherwise provided under this subsection, 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 test to a law enforcement agency or to the Department of Children and Family Services:

(1) A verbal screening or questioning concerning drug or alcohol use.

(2) A urine test.

(3) A blood test administered to a pregnant or postpartum patient or the newborn of a pregnant or postpartum patient.

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 to a law enforcement agency or to the Department of Children and Family Services if (i) the pregnant or postpartum patient has provided specific written consent to the disclosure of the results of the blood test or (ii) 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.

(b) It is unlawful for any health care provider to disclose any private information regarding a patient's reproductive health care to any out-of-state law enforcement person or entity unless:

(1) the patient has provided specific written consent to disclosure of the information; or

(2) disclosure of the information has been authorized pursuant to a State or federal court order.

(c) The rights described under this Section are granted to any person who is capable of becoming pregnant and who seeks reproductive health care within the borders of Illinois.

(d) Any person who knowingly and willfully violates any provision of this Section is guilty of a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation.

(e) In this Section, "reproductive health care" has the same meaning as provided in Section 1-10 of the Reproductive Health Act.

Section 35. The Vital Records Act is amended by changing Section 20.5 as follows:

(410 ILCS 535/20.5)

Sec. 20.5. Certificate of stillbirth.

(a) The State Registrar shall prescribe and distribute a form for a certificate of stillbirth. The certificate shall be in the same format as a certificate of live birth prepared under Section 12 and shall be filed in the same manner as a certificate of live birth.

(b) After each fetal death that occurs in this State after a gestation period of at least 20 26 completed weeks, the person who files a fetal death certificate in connection with that death as required under Section 20 shall, only upon request by the parent woman who delivered the stillborn fetus, also prepare a certificate of stillbirth. The person shall prepare the certificate on the form prescribed and furnished by the State Registrar and in accordance with the rules adopted by the State Registrar.

(c) If the stillborn's parent or parents do not wish to provide a name for the stillborn, the person who prepares the certificate of stillbirth shall leave blank any references to the stillborn's name.

(d) When a stillbirth occurs in this State and the stillbirth has not been registered within one year after the delivery, a certificate marked "delayed" may be filed and registered in accordance with regulations adopted by the State Registrar. The certificate must show on its face the date of registration.

(e) In the case of a fetal death that occurred in this State after a gestation period of at least 26 completed weeks and before August 21, 2003 (the effective date of Public Act 93-578) this amendatory Act of the 93rd General Assembly, a parent of the stillborn child may request that the person who filed a fetal death certificate in connection with that death as required under Section 20 shall also prepare a certificate of stillbirth with respect to the fetus. If a parent of a stillborn makes such a request under this subsection (e), the person who filed a fetal death certificate shall prepare the certificate of stillbirth and file it with the designated registrar within 30 days after the request by the parent.

(Source: P.A. 93-578, eff. 8-21-03.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.