Full Text of SB1564 99th General Assembly
SB1564enr 99TH GENERAL ASSEMBLY |
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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, 6, 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. It is also the public policy of the State of |
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| 1 | | Illinois to ensure that patients receive timely access to | 2 | | information and medically appropriate care.
| 3 | | (Source: P.A. 90-246, eff. 1-1-98.)
| 4 | | (745 ILCS 70/3) (from Ch. 111 1/2, par. 5303)
| 5 | | Sec. 3. Definitions. As used in this Act, unless the | 6 | | context clearly
otherwise
requires:
| 7 | | (a) "Health care" means any phase of patient care, | 8 | | including
but
not limited to, testing; diagnosis; prognosis; | 9 | | ancillary research;
instructions; family planning, | 10 | | counselling, referrals, or any other
advice in connection with | 11 | | the use or procurement of contraceptives and
sterilization or | 12 | | abortion procedures; medication; or surgery or other
care or | 13 | | treatment rendered by a physician or physicians, nurses,
| 14 | | paraprofessionals or health care facility, intended for the
| 15 | | physical,
emotional, and mental well-being of persons;
| 16 | | (b) "Physician" means any person who is licensed by the | 17 | | State of Illinois under the
Medical Practice Act of 1987;
| 18 | | (c) "Health care personnel" means any nurse, nurses'
aide, | 19 | | medical school
student, professional, paraprofessional or any | 20 | | other person who
furnishes, or assists in the furnishing of, | 21 | | health care
services;
| 22 | | (d) "Health care facility" means any public or private
| 23 | | hospital, clinic,
center, medical school, medical training | 24 | | institution, laboratory or
diagnostic
facility, physician's | 25 | | office, infirmary, dispensary, ambulatory surgical
treatment |
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| 1 | | center or other institution or location wherein health care
| 2 | | services are provided to any person, including physician | 3 | | organizations and
associations, networks, joint ventures, and | 4 | | all
other combinations of those organizations;
| 5 | | (e) "Conscience" means a sincerely held set of moral | 6 | | convictions
arising from belief in and relation to God, or | 7 | | which, though not so
derived, arises from a place in the life | 8 | | of its possessor
parallel to
that filled by God among adherents | 9 | | to religious faiths; and
| 10 | | (f) "Health care payer" means a health maintenance | 11 | | organization, insurance
company, management services | 12 | | organization, or any other entity that pays for
or arranges for | 13 | | the payment of any health care or medical care service,
| 14 | | procedure, or product ; and .
| 15 | | (g) "Undue delay" means unreasonable delay that causes | 16 | | impairment of the patient's health. | 17 | | The above definitions include not only the traditional | 18 | | combinations and forms
of these persons and organizations but | 19 | | also all new and emerging forms and
combinations of these | 20 | | persons and organizations.
| 21 | | (Source: P.A. 90-246, eff. 1-1-98.)
| 22 | | (745 ILCS 70/6) (from Ch. 111 1/2, par. 5306)
| 23 | | Sec. 6. Duty of physicians and other health care personnel. | 24 | | Nothing in
this Act shall relieve a physician from any duty,
| 25 | | which may exist under any laws concerning current standards , of |
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| 1 | | normal
medical practice or care practices and procedures , to | 2 | | inform his or her patient of the
patient's condition, | 3 | | prognosis , legal treatment options, and risks and benefits of | 4 | | treatment options , provided, however, that such
physician | 5 | | shall be under no duty to perform, assist, counsel, suggest,
| 6 | | recommend, refer or participate in any way in any form of | 7 | | medical
practice or health care service that is contrary to his | 8 | | or
her conscience.
| 9 | | Nothing in this Act shall be construed so as to relieve a | 10 | | physician
or other health care personnel from obligations under | 11 | | the law
of providing emergency medical care.
| 12 | | (Source: P.A. 90-246, eff. 1-1-98.)
| 13 | | (745 ILCS 70/6.1 new) | 14 | | Sec. 6.1. Access to care and information protocols. All | 15 | | health care facilities shall adopt written access to care and | 16 | | information protocols that are designed to ensure that | 17 | | conscience-based objections do not cause impairment of | 18 | | patients' health and that explain how conscience-based | 19 | | objections will be addressed in a timely manner to facilitate | 20 | | patient health care services. The protections of Sections 4, 5, | 21 | | 7, 8, 9, 10, and 11 of this Act only apply if conscience-based | 22 | | refusals occur in accordance with these protocols. These | 23 | | protocols must, at a minimum, address the following: | 24 | | (1) The health care facility, physician, or health care | 25 | | personnel shall inform a patient of the patient's |
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| 1 | | condition, prognosis, legal treatment options, and risks | 2 | | and benefits of the treatment options in a timely manner, | 3 | | consistent with current standards of medical practice or | 4 | | care. | 5 | | (2) When a health care facility, physician, or health | 6 | | care personnel is unable to permit, perform, or participate | 7 | | in a health care service that is a diagnostic or treatment | 8 | | option requested by a patient because the health care | 9 | | service is contrary to the conscience of the health care | 10 | | facility, physician, or health care personnel, then the | 11 | | patient shall either be provided the requested health care | 12 | | service by others in the facility or be notified that the | 13 | | health care will not be provided and be referred, | 14 | | transferred, or given information in accordance with | 15 | | paragraph (3). | 16 | | (3) If requested by the patient or the legal | 17 | | representative of the patient, the health care facility, | 18 | | physician, or health care personnel shall: (i) refer the | 19 | | patient to, or (ii) transfer the patient to, or (iii) | 20 | | provide in writing information to the patient about other | 21 | | health care providers who they reasonably believe may offer | 22 | | the health care service the health care facility, | 23 | | physician, or health personnel refuses to permit, perform, | 24 | | or participate in because of a conscience-based objection. | 25 | | (4) If requested by the patient or the legal | 26 | | representative of the patient, the health care facility, |
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| 1 | | physician, or health care personnel shall provide copies of | 2 | | medical records to the patient or to another health care | 3 | | professional or health care facility designated by the | 4 | | patient in accordance with Illinois law, without undue | 5 | | delay. | 6 | | (745 ILCS 70/6.2 new) | 7 | | Sec. 6.2. Permissible acts related to access to care and | 8 | | information protocols. Nothing in this Act shall be construed | 9 | | to prevent a health care facility from requiring that | 10 | | physicians or health care personnel working in the facility | 11 | | comply with access to care and information protocols that | 12 | | comply with the provisions of this Act.
| 13 | | (745 ILCS 70/9) (from Ch. 111 1/2, par. 5309)
| 14 | | Sec. 9. Liability. No person, association, or corporation, | 15 | | which owns,
operates, supervises, or manages a health care | 16 | | facility shall
be civilly or
criminally liable to any person, | 17 | | estate, or public or private entity by
reason of refusal of the | 18 | | health care facility to permit or
provide any
particular form | 19 | | of health care service which violates the
facility's conscience | 20 | | as documented in its ethical guidelines,
mission statement, | 21 | | constitution, bylaws, articles of incorporation,
regulations, | 22 | | or other governing documents.
| 23 | | Nothing in this Act act shall be construed so as to relieve | 24 | | a physician ,
or other health care personnel , or a health care |
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| 1 | | facility from obligations under the law
of providing
emergency | 2 | | medical care.
| 3 | | (Source: P.A. 90-246, eff. 1-1-98.)
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