Full Text of HB4149 102nd General Assembly
HB4149 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4149 Introduced 10/19/2021, by Rep. David A. Welter, Amy Grant, Andrew S. Chesney, Chris Miller and Brad Halbrook SYNOPSIS AS INTRODUCED: |
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Creates the Parental Medical Choice Act. Provides that no State or local entity, agency, institution, official, or person shall require a minor to obtain a health care service or take a health-related precaution. Provides that no State or local entity, agency, institution, official, or person shall discriminate against a minor because the child has or has not obtained a health care service or has or has not taken any health-related precaution. Provides that no public institution of higher education shall require any health care service or health-related precaution to be taken as a condition on enrollment or in-person classroom attendance. Makes other requirements concerning the prohibition against compulsory health care service or health-related precautions for children. Provides that any person aggrieved by a violation of the Act shall have a right of action in a State circuit court against an offending State or local entity, agency, institution, official, or person. Provides that a prevailing party may recover liquidated damages in the amount of $1,000 per day for the duration of a violation of the Act. Provides findings and policy provisions. Defines terms.
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| | A BILL FOR |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Parental Medical Choice Act. | 6 | | Section 5. Findings. The General Assembly finds the | 7 | | following:
| 8 | | (1) that Illinois parents often hold different beliefs | 9 | | about whether certain health care services are morally | 10 | | acceptable, safe, or appropriate to be administered to | 11 | | children; and
| 12 | | (2) that Illinois parents should be the decision maker | 13 | | when deciding what health care measures are and are not | 14 | | provided or administered to their minor child and what | 15 | | health care precautions their children should take.
| 16 | | Section 10. Policy. It is the policy of the State of | 17 | | Illinois to respect, protect, and uphold the fundamental right | 18 | | of Illinois parents to make informed medical decisions on | 19 | | behalf of their minor children, independent from any State or | 20 | | local government agency. | 21 | | Section 15. Definitions. As used in this Act:
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| 1 | | "Health care" includes, but is not limited to, testing, | 2 | | diagnosis, prognosis, medication, vaccination, surgery, or | 3 | | other care or treatment rendered by a physician or physicians, | 4 | | nurses, paraprofessionals, or health care facility, intended | 5 | | for the physical, emotional, and mental well-being of persons.
| 6 | | "Health-related precaution" includes facial masking or | 7 | | quarantining.
| 8 | | "Minor" means a person who has not attained the age of 18 | 9 | | years.
| 10 | | "Public institutions of higher education" has the same | 11 | | meaning as provided under Section 1 of the Board of Higher | 12 | | Education Act.
| 13 | | Section 20. Prohibitions.
| 14 | | (a) No State or local entity, agency, institution, | 15 | | official, or person shall require a minor to obtain a health | 16 | | care service or take a health-related precaution.
| 17 | | (b) No State or local entity, agency, institution, | 18 | | official, or person shall discriminate against a minor because | 19 | | the child has or has not obtained a health care service or has | 20 | | or has not taken any health-related precaution.
| 21 | | (c) The prohibitions contained in subsections (a) and (b) | 22 | | include any action that would require a private entity to | 23 | | enforce requirements or discriminate in a manner that a State | 24 | | or local entity, agency, institution, official, or person is | 25 | | prohibited from under subsections (a) and (b).
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| 1 | | (d) No public institutions of higher education in this | 2 | | State shall require any health care service or health-related | 3 | | precaution to be taken as a condition on enrollment or | 4 | | in-person classroom attendance.
| 5 | | (e) Nothing in this Act shall limit the Department of | 6 | | Public Health from declaring and enforcing a quarantine as | 7 | | provided under Section 2 of the Department of Public Health | 8 | | Act.
| 9 | | Section 25. Enforcement. Notwithstanding any other statute | 10 | | to the contrary, any person aggrieved by a violation of this | 11 | | Act shall have a right of action in a State circuit court | 12 | | against an offending State or local entity, agency, | 13 | | institution, official, or person. A prevailing party may | 14 | | recover liquidated damages in the amount of $1,000 per day for | 15 | | the duration of a violation of this Act.
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