HB3048 102ND GENERAL ASSEMBLY

LRB102 13915 CPF 19266 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3048

Introduced 2/19/2021, by Rep. Adam Niemerg

SYNOPSIS AS INTRODUCED:

20 ILCS 2310/2310-578 new

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to create and maintain a list of each immunizing agent derived from aborted fetal tissue and any alternative immunizing agents. Provides that the Department shall ensure that, before administering an immunizing agent derived from aborted fetal tissue to an individual, a health care provider shall provide to the individual or, if the individual is a child, to the parent, guardian, or person in loco parentis of the child: (1) notification that the immunizing agent was derived from aborted fetal tissue; (2) if an immunizing agent that is not an immunizing agent derived from aborted fetal tissue is available as an alternative to an immunizing agent derived from aborted fetal tissue, an offer of the alternative; and (3) notification of the option to decline the receipt of the immunizing agent. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

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

Section 5. The Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois is amended by adding Section 2310-578 as follows:

(20 ILCS 2310/2310-578 new)

Sec. 2310-578. Immunizing agents derived from aborted fetal tissue.

(a) As used in this Section:

"Health care provider" means any physician, advanced practice registered nurse, physician assistant, hospital facility, or other person that is licensed or otherwise authorized to deliver health care services.

"Immunizing agent derived from aborted fetal tissue" means an immunizing agent that is manufactured using a human fetal or embryonic cell line, protein, deoxyribonucleic acid, recombinant deoxyribonucleic acid, monoclonal antibody, or any other component derived from an elective abortion or using a cell line derived from the tissue of a fetus that was electively aborted.

(b) The Department shall create and maintain a list of each immunizing agent derived from aborted fetal tissue. If an immunizing agent that is not an immunizing agent derived from aborted fetal tissue is available as an alternative to an immunizing agent derived from aborted fetal tissue, the Department shall include the alternative on the list. The Department shall update the list annually and make the list available to the public on the Department's website.

(c) The Department shall ensure that, beginning January 1, 2022, before administering an immunizing agent derived from aborted fetal tissue to an individual, a health care provider shall notify the individual or, if the individual is a child, the parent, guardian, or person in loco parentis of the child that the immunizing agent was derived from aborted fetal tissue. If an immunizing agent that is not an immunizing agent derived from aborted fetal tissue is available as an alternative to an immunizing agent derived from aborted fetal tissue, the health care provider shall offer the alternative to the individual or, if the individual is a child, to the parent, guardian, or person in loco parentis of the child. A health care provider shall also notify the individual or, if the individual is a child, the parent, guardian, or person in loco parentis of the child of the option to decline the receipt of the immunizing agent.

Section 99. Effective date. This Act takes effect upon becoming law.