Illinois General Assembly - Full Text of HB0003
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Full Text of HB0003  103rd General Assembly


Rep. Mary E. Flowers

Filed: 2/27/2023





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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, on
4page 17, line 10, by replacing "Any" with "Within 150 days of
5the effective date of this amendatory Act of the 103rd General
6Assembly, any"; and
7by replacing line 24 on page 17 through line 13 on page 22 with
8the following:
9    "(410 ILCS 50/3.4 rep.)
10    Section 25. The Medical Patient Rights Act is amended by
11repealing Section 3.4."; and
12on page 60, line 25, after "eff. 8-20-21.)" by inserting the
14    "Section 50. The Illinois Human Rights Act is amended by



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1adding Section 6-103 as follows:
2    (775 ILCS 5/6-103 new)
3    Sec. 6-103. Rights of patients; maternity care; disclosure
4of medical information.
5    (a) As used in this Section:
6    "Maternity care" means the health care provided in
7relation to pregnancy, labor, and childbirth, and the
8postpartum period, and includes prenatal care, care during
9labor and birthing, and postpartum care extending through
10one-year postpartum. Maternity care shall seek to optimize
11positive outcomes for the patient, and be provided on the
12basis of the physical and psychosocial needs of the patient.
13Notwithstanding any of the above, all care shall be subject to
14the informed and voluntary consent of the patient, or the
15patient's legal proxy, when the patient is unable to give
17    "State" includes any branch, department, agency,
18instrumentality, and official or other person acting under
19color of law of this State or a political subdivision of the
20State, including any unit of local government (including a
21home rule unit), school district, instrumentality, or public
23    (b) In addition to any other right provided under this
24Act, every patient has the following rights whenever receiving
25maternity care:



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1        (1) The right to choose a maternity care provider from
2    the full range of providers available in the patient's
3    community.
4        (2) The right to choose the patient's birth setting
5    from the full range of birthing options available in the
6    patient's community.
7        (3) The right to leave the patient's maternity care
8    professional to select another if the patient becomes
9    dissatisfied with the quality of the care provided.
10        (4) The right to receive information about the names
11    of those health care professionals involved in the
12    patient's care and in the care of the patient's newborn.
13        (5) The right to privacy and confidentiality of
14    records, except as provided by law.
15        (6) The right to receive information concerning the
16    patient's condition and proposed treatment, including
17    methods of relieving pain.
18        (7) The right to refuse any treatment offered to the
19    patient or the patient's infant.
20        (8) The right to be informed if the patient's
21    caregivers wish to enroll the patient or the patient's
22    infant in a research study.
23        (9) The right to access the patient's own medical
24    records under Section 8-2001 of the Code of Civil
25    Procedure.
26        (10) The right to receive information in a language in



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1    which the patient can communicate in accordance with
2    federal law.
3        (11) The right to receive emotional and physical
4    support during labor and birth.
5        (12) The right to freedom of movement during labor and
6    to give birth in the position of the patient's choice, to
7    the extent medically possible.
8        (13) The right to contact with the patient's newborn,
9    except where necessary care must be provided to the
10    patient or the patient's infant.
11        (14) The right to decide, in consultation with their
12    caregivers, when the patient or the patient's newborn will
13    leave the birth site for home, based on their conditions
14    and circumstances.
15    (c) The Department of Public Health, the Department of
16Healthcare and Family Services, the Department of Children and
17Family Services, and the Department of Human Services shall
18post, either by physical or electronic means, information
19about these 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    (d) The Department of Human Rights shall adopt rules to
25implement this Section.
26    (e) Nothing in this Section or any rules adopted under



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1subsection (d) 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    (f) Notwithstanding any other provision of law, and except
7as otherwise provided in this Section, a patient has the right
8for a physician, health care provider, health services
9corporation, or insurance company to administer any of the
10following medical tests without disclosing the results of the
11tests to a State or local law enforcement agency or the
12Department of Children and Family Services:
13        (1) Any verbal screening or questioning concerning the
14    drug or alcohol use of a pregnant or postpartum person.
15        (2) Any toxicology test administered to a person who
16    is pregnant or has given birth within the previous 12
17    weeks.
18        (3) Any toxicology test administered to a newborn.
19    A physician, health care provider, health services
20corporation, or insurance company who administers a medical
21test described under paragraph (1), (2), or (3), may disclose
22the results of the test if a law enforcement agency has
23successfully obtained and furnished a search warrant issued
24under Section 108-3 of the Code of Criminal Procedure of 1963.
25    Section 99. Effective date. This Act takes effect upon



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1becoming law.".