Rep. Mary E. Flowers

Filed: 2/24/2023





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2    AMENDMENT NO. ______. Amend House Bill 3, AS AMENDED, with
3reference to page and line numbers of House Amendment No. 2, by
4replacing line 24 on page 17 through line 13 on page 22 with:
5    "Section 25. The Medical Patient Rights Act is amended by
6changing Section 3.4 and by adding Section 3.5 as follows:
7    (410 ILCS 50/3.4)
8    Sec. 3.4. Rights of patients women; pregnancy and
10    (a) In addition to any other right provided under this
11Act, every patient woman has the following rights with regard
12to pregnancy and childbirth:
13        (1) The right to receive health care before, during,
14    and after pregnancy and childbirth.
15        (2) The right to receive care for the patient and the
16    patient's newborn her and her infant that is consistent



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1    with all clinical consensus documents, committee
2    statements, committee opinions, and obstetric care
3    consensus documents published or reaffirmed by the
4    American College of Obstetricians and Gynecologists on or
5    after January 1, 2019 generally accepted medical
6    standards.
7        (3) The right to choose a maternity care provider from
8    the full range of providers available in the patient's
9    community certified nurse midwife or physician as her
10    maternity care professional.
11        (4) The right to choose the patient's her birth
12    setting from the full range of birthing options available
13    in the patient's her community.
14        (5) The right to leave the patient's her maternity
15    care professional and select another if the patient she
16    becomes dissatisfied with the quality of the care provided
17    her care, except as otherwise provided by law.
18        (6) The right to receive information about the names
19    of those health care professionals involved in the
20    patient's her care and the care of the patient's newborn.
21        (7) The right to privacy and confidentiality of
22    records, except as provided by law.
23        (8) The right to receive information concerning the
24    patient's her condition and proposed treatment, including
25    methods of relieving pain.
26        (9) The right to accept or refuse any treatment, to



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1    the extent medically possible.
2        (10) The right to be informed if her caregivers wish
3    to enroll the patient her or the patient's her infant in a
4    research study in accordance with Section 3.1 of this Act.
5        (11) The right to access the patient's own her medical
6    records in accordance with Section 8-2001 of the Code of
7    Civil Procedure.
8        (12) The right to receive information in a language in
9    which the patient she can communicate in accordance with
10    federal law.
11        (13) The right to receive emotional and physical
12    support during labor and birth.
13        (14) The right to freedom of movement during labor and
14    to give birth in the position of the patient's her choice,
15    to the extent medically possible within generally accepted
16    medical standards.
17        (15) The right to contact with the patient's her
18    newborn, except where necessary care must be provided to
19    the patient mother or infant.
20        (16) The right to receive information about
21    breastfeeding.
22        (17) The right to decide, in consultation
23    collaboratively with the patient's caregivers, when the
24    patient and the patient's newborn she and her baby will
25    leave the birth site for home, based on their conditions
26    and circumstances.



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1        (18) The right to be treated with respect at all times
2    before, during, and after pregnancy by her health care
3    professionals involved in the patient's care or in the
4    care of the patient's newborn.
5        (19) The right of each patient, regardless of source
6    of payment, to examine and receive a reasonable
7    explanation of the patient's her total bill for services
8    rendered by the patient's her maternity care professional
9    or health care provider, including itemized charges for
10    specific services received. Each maternity care
11    professional or health care provider shall be responsible
12    only for a reasonable explanation of those specific
13    services provided by the maternity care professional or
14    health care provider.
15    (b) The Department of Public Health, Department of
16Healthcare and Family Services, Department of Children and
17Family Services, and Department of Human Services shall post,
18either by physical or electronic means, information about
19these rights on their publicly available websites. Every
20health care provider, day care center licensed under the Child
21Care Act of 1969, Head Start, and community center shall post
22information about these rights in a prominent place and on
23their websites, if applicable.
24    (c) The Department of Public Health shall adopt rules to
25implement this Section.
26    (d) Nothing in this Section or any rules adopted under



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1subsection (c) shall be construed to require a physician,
2health care professional, hospital, hospital affiliate, or
3health care provider to provide care inconsistent with
4generally accepted medical standards or available capabilities
5or resources.
6(Source: P.A. 101-445, eff. 1-1-20; 102-4, eff. 4-27-21.)
7    (410 ILCS 50/3.5 new)
8    Sec. 3.5. Disclosure of medical information.
9Notwithstanding any other provision of law, and except as
10otherwise provided in this Section, a patient has the right
11for a physician, health care provider, health services
12corporation, or insurance company to administer any of the
13following medical tests without disclosing the results of the
14test or tests to a State or local law enforcement agency or the
15Department of Children and Family Services:
16        (1) Any verbal screening or questioning concerning the
17    drug or alcohol use of a pregnant or postpartum person.
18        (2) Any toxicology test administered to a person who
19    is pregnant or has given birth within the previous 12
20    weeks.
21        (3) Any toxicology test administered to a newborn.
22    A physician, health care provider, health services
23corporation, or insurance company who administers a medical
24test described under paragraph (1), (2), or (3), may disclose
25the results of the test if a law enforcement agency has



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1successfully obtained and furnished a search warrant issued
2under Section 108-3 of the Code of Criminal Procedure of