Full Text of SB1564 99th General Assembly
SB1564 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB1564 Introduced 2/20/2015, by Sen. Daniel Biss SYNOPSIS AS INTRODUCED: |
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745 ILCS 70/2 | from Ch. 111 1/2, par. 5302 |
745 ILCS 70/3 | from Ch. 111 1/2, par. 5303 |
745 ILCS 70/6.1 new | | 745 ILCS 70/6.2 new | |
745 ILCS 70/7 | from Ch. 111 1/2, par. 5307 |
745 ILCS 70/9 | from Ch. 111 1/2, par. 5309 |
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Amends the Health Care Right of Conscience Act. Makes changes in the Section concerning findings and policy. Defines "access to care and information protocols" and "material information". Provides that notwithstanding any other law, a health care facility, or any physician or health care personnel working in the facility, may refuse to permit, perform, assist in, counsel about, suggest, recommend, refer for, or participate in health care services because of a conscience-based objection only if the refusal occurs in accordance with written access to care and information protocols designed to ensure that (1) the patient receives material information in a timely fashion; and (2) the refusal will not impair the patient's health by causing delay of or inability to access the refused health care service. Provides that nothing in the Act shall be construed to prevent a health care facility from requiring that physicians or health care personnel working in the facility comply with access to care and information protocols. Makes other changes in Sections concerning: (i) discrimination by employers or institutions; and (ii) liability.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Health Care Right of Conscience Act is | 5 | | amended by changing Sections 2, 3, 7, and 9 and by adding | 6 | | Sections 6.1 and 6.2 as follows:
| 7 | | (745 ILCS 70/2) (from Ch. 111 1/2, par. 5302)
| 8 | | Sec. 2. Findings and policy. The General Assembly finds and | 9 | | declares that
people and organizations hold different beliefs | 10 | | about whether certain
health care services are morally | 11 | | acceptable. It is the public policy of the
State of Illinois to
| 12 | | respect
and protect the right of conscience of all persons who | 13 | | refuse to obtain,
receive or accept, or who are engaged in, the | 14 | | delivery of, arrangement for,
or payment of health care
| 15 | | services and medical care whether acting individually, | 16 | | corporately, or
in association with other persons; and to | 17 | | prohibit all forms of
discrimination, disqualification, | 18 | | coercion, disability or imposition of
liability upon such | 19 | | persons or entities by reason of their refusing to
act contrary | 20 | | to their conscience or conscientious convictions in providing, | 21 | | paying for, or
refusing to obtain, receive, accept, deliver, | 22 | | pay for, or
arrange
for the payment of health care services and
| 23 | | medical care ; and to ensure that patients receive timely access |
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| 1 | | to material information and medically appropriate care .
| 2 | | (Source: P.A. 90-246, eff. 1-1-98.)
| 3 | | (745 ILCS 70/3) (from Ch. 111 1/2, par. 5303)
| 4 | | Sec. 3. Definitions. As used in this Act, unless the | 5 | | context clearly
otherwise
requires:
| 6 | | (a) "Health care" means any phase of patient care, | 7 | | including
but
not limited to, testing; diagnosis; prognosis; | 8 | | ancillary research;
instructions; family planning, | 9 | | counselling, referrals, or any other
advice in connection with | 10 | | the use or procurement of contraceptives and
sterilization or | 11 | | abortion procedures; medication; or surgery or other
care or | 12 | | treatment rendered by a physician or physicians, nurses,
| 13 | | paraprofessionals or health care facility, intended for the
| 14 | | physical,
emotional, and mental well-being of persons;
| 15 | | (b) "Physician" means any person who is licensed by the | 16 | | State of Illinois under the
Medical Practice Act of 1987;
| 17 | | (c) "Health care personnel" means any nurse, nurses'
aide, | 18 | | medical school
student, professional, paraprofessional or any | 19 | | other person who
furnishes, or assists in the furnishing of, | 20 | | health care
services;
| 21 | | (d) "Health care facility" means any public or private
| 22 | | hospital, clinic,
center, medical school, medical training | 23 | | institution, laboratory or
diagnostic
facility, physician's | 24 | | office, infirmary, dispensary, ambulatory surgical
treatment | 25 | | center or other institution or location wherein health care
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| 1 | | services are provided to any person, including physician | 2 | | organizations and
associations, networks, joint ventures, and | 3 | | all
other combinations of those organizations;
| 4 | | (e) "Conscience" means a sincerely held set of moral | 5 | | convictions
arising from belief in and relation to God, or | 6 | | which, though not so
derived, arises from a place in the life | 7 | | of its possessor
parallel to
that filled by God among adherents | 8 | | to religious faiths; and
| 9 | | (f) "Health care payer" means a health maintenance | 10 | | organization, insurance
company, management services | 11 | | organization, or any other entity that pays for
or arranges for | 12 | | the payment of any health care or medical care service,
| 13 | | procedure, or product ; .
| 14 | | (g) "Access to care and information protocols" means the | 15 | | written policies, protocols and procedures described in | 16 | | Section 6.1 of this Act; and | 17 | | (h) "Material information" means: | 18 | | (1) all information, pertinent to patient health care | 19 | | decision making and consistent with accepted standards of | 20 | | medical practice, about a patient's condition, prognosis, | 21 | | relevant treatment options, and the risks and benefits of | 22 | | such treatment options; and | 23 | | (2) a written document that contains the names of and | 24 | | contact information for health care facilities, | 25 | | physicians, or health care personnel that can provide the | 26 | | patient the particular form of health care service refused |
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| 1 | | because of a conscience-based objection to the health care | 2 | | service, unless the patient has been referred or | 3 | | transferred to a health care facility, physician, or other | 4 | | health care personnel that can provide him or her with the | 5 | | refused health care service. | 6 | | The above definitions include not only the traditional | 7 | | combinations and forms
of these persons and organizations but | 8 | | also all new and emerging forms and
combinations of these | 9 | | persons and organizations.
| 10 | | (Source: P.A. 90-246, eff. 1-1-98.)
| 11 | | (745 ILCS 70/6.1 new) | 12 | | Sec. 6.1. Duty to enact and comply with access to care and | 13 | | information protocols. Notwithstanding any other law, a health | 14 | | care facility, or any physician or health care personnel | 15 | | working in the facility, may refuse to permit, perform, assist | 16 | | in, counsel about, suggest, recommend, refer for, or | 17 | | participate in health care services because of a | 18 | | conscience-based objection only if the refusal occurs in | 19 | | accordance with written access to care and information | 20 | | protocols designed to ensure that: | 21 | | (1) the patient receives material information in a | 22 | | timely fashion; and | 23 | | (2) the refusal will not impair the patient's health by | 24 | | causing delay of or inability to access the refused health | 25 | | care service. |
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| 1 | | (745 ILCS 70/6.2 new) | 2 | | Sec. 6.2. Permissible acts related to access to care and | 3 | | information protocols. Nothing in this Act shall be construed | 4 | | to prevent a health care facility from requiring that | 5 | | physicians or health care personnel working in the facility | 6 | | comply with access to care and information protocols.
| 7 | | (745 ILCS 70/7) (from Ch. 111 1/2, par. 5307)
| 8 | | Sec. 7. Discrimination by employers or institutions. It | 9 | | shall be
unlawful for any public or private employer,
entity, | 10 | | agency, institution, official or person, including but not
| 11 | | limited to, a medical, nursing or other medical training | 12 | | institution, to
deny admission because of, to place any | 13 | | reference in its application
form concerning, to orally | 14 | | question about, to impose any burdens in
terms or conditions of | 15 | | employment on, or to otherwise discriminate in any way
against, | 16 | | any applicant, in terms of employment, admission to or
| 17 | | participation in any programs for which the applicant is | 18 | | eligible, or to
discriminate in relation thereto, in any other | 19 | | manner, on account of the
applicant's refusal to receive, | 20 | | obtain, accept, perform, counsel,
suggest, recommend, refer, | 21 | | assist or participate in any way in any forms
of health care | 22 | | services contrary to his or her conscience.
| 23 | | (Source: P.A. 90-246, eff. 1-1-98.)
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| 1 | | (745 ILCS 70/9) (from Ch. 111 1/2, par. 5309)
| 2 | | Sec. 9. Liability. No person, association, or corporation, | 3 | | which owns,
operates, supervises, or manages a health care | 4 | | facility shall
be civilly or
criminally liable to any person, | 5 | | estate, or public or private entity by
reason of refusal of the | 6 | | health care facility to permit or
provide any
particular form | 7 | | of health care service which violates the
facility's conscience | 8 | | as documented in its ethical guidelines,
mission statement, | 9 | | constitution, bylaws, articles of incorporation,
regulations, | 10 | | or other governing documents.
| 11 | | Nothing in this act shall be construed so as to relieve a | 12 | | physician ,
or other health care personnel , or a health care | 13 | | facility from obligations under the law
of providing
emergency | 14 | | medical care.
| 15 | | (Source: P.A. 90-246, eff. 1-1-98.)
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