Full Text of HB4737 102nd General Assembly
HB4737 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4737 Introduced 1/27/2022, by Rep. Deanne M. Mazzochi SYNOPSIS AS INTRODUCED: |
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410 ILCS 50/3.1 | from Ch. 111 1/2, par. 5403.1 |
705 ILCS 405/2-11 | from Ch. 37, par. 802-11 |
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Amends the Medical Patient Rights Act and the Juvenile Court Act of 1987. Provides that the Department of Children and Family Services may not consent to a minor participating in a clinical trial when the minor is a youth in care or in shelter care, unless the minor is actively experiencing symptoms of a disease which the clinical trial seeks to treat and in the opinion of a supervising treating physician, the treatment is in the best interest of the child, because the child has an unmet medical need for which no other treatment is available. Defines "youth in care" as a person placed in the temporary custody or guardianship of the Department of Children and Family Services under the Juvenile Court Act of 1987.
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| | A BILL FOR |
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| | | HB4737 | | LRB102 21370 RLC 34714 b |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Medical Patient Rights Act is amended by | 5 | | changing Section 3.1 as follows:
| 6 | | (410 ILCS 50/3.1) (from Ch. 111 1/2, par. 5403.1)
| 7 | | Sec. 3.1.
(a) Any patient who is the subject of a research | 8 | | program or
an experimental procedure, as defined under the | 9 | | rules and regulations of
the Hospital Licensing Act, shall | 10 | | have, at a minimum, the right to receive
an explanation of the | 11 | | nature and possible consequences of such research or
| 12 | | experiment before the research or experiment is conducted, and | 13 | | to consent
to or reject it.
| 14 | | (b) No physician may conduct any research program or | 15 | | experimental
procedure on a patient without the prior informed | 16 | | consent of the patient
or, if the patient is unable to consent, | 17 | | the patient's guardian, spouse,
parent, or authorized agent.
| 18 | | (b-5) The Department of Children and Family Services may | 19 | | not consent to a minor participating in a clinical trial when | 20 | | the minor is a youth in care or in shelter care, unless the | 21 | | minor is actively experiencing symptoms of a disease which the | 22 | | clinical trial seeks to treat and in the opinion of a | 23 | | supervising treating physician, the treatment is in the best |
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| 1 | | interest of the child, because the child has an unmet medical | 2 | | need for which no other treatment is available. As used in this | 3 | | subsection, "youth in care" means a person placed in the | 4 | | temporary custody or guardianship of the Department of | 5 | | Children and Family Services under the Juvenile Court Act of | 6 | | 1987. | 7 | | (c) This Section shall not apply to any research program | 8 | | or medical
experimental procedure for patients subject to a | 9 | | life-threatening emergency
that is conducted in accordance | 10 | | with Part 50 of Title 21 of, and Part 46 of
Title 45 of, the | 11 | | Code of Federal Regulations.
| 12 | | (Source: P.A. 90-36, eff. 6-27-97.)
| 13 | | Section 10. The Juvenile Court Act of 1987 is amended by | 14 | | changing Section 2-11 as follows:
| 15 | | (705 ILCS 405/2-11) (from Ch. 37, par. 802-11)
| 16 | | Sec. 2-11. Medical and dental treatment and care. At all | 17 | | times during
temporary custody or shelter care, the court may | 18 | | authorize a physician, a
hospital or any other appropriate | 19 | | health care provider to provide medical,
dental or surgical | 20 | | procedures if such procedures are necessary to safeguard
the | 21 | | minor's life or health.
| 22 | | With respect to any minor for whom the Department of | 23 | | Children and Family
Services Guardianship Administrator is | 24 | | appointed the temporary custodian,
the Guardianship |
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| 1 | | Administrator or his designee shall be deemed the minor's
| 2 | | legally authorized representative for purposes of consenting | 3 | | to an HIV test
and obtaining and disclosing information | 4 | | concerning such test pursuant to
the AIDS Confidentiality Act | 5 | | and for purposes of consenting to the release
of information | 6 | | pursuant to the Illinois Sexually Transmissible Disease
| 7 | | Control Act.
| 8 | | Any person who administers an HIV test upon the consent of | 9 | | the Department
of Children and Family Services Guardianship | 10 | | Administrator or his designee,
or who discloses the results of | 11 | | such tests to the Department's Guardianship
Administrator or | 12 | | his designee, shall have immunity from any liability,
civil, | 13 | | criminal or otherwise, that might result by reason of such | 14 | | actions.
For the purpose of any proceedings, civil or | 15 | | criminal, the good faith of any
persons required to administer | 16 | | or disclose the results of tests, or
permitted to take such | 17 | | actions, shall be presumed.
| 18 | | The Department of Children and Family Services may not | 19 | | consent to a minor participating in a clinical trial when the | 20 | | minor is a youth in care or in shelter care, unless the minor | 21 | | is actively experiencing symptoms of a disease which the | 22 | | clinical trial seeks to treat and in the opinion of a | 23 | | supervising treating physician, the treatment is in the best | 24 | | interest of the child, because the child has an unmet medical | 25 | | need for which no other treatment is available. As used in this | 26 | | Section, "youth in care" means a person placed in the |
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| 1 | | temporary custody or guardianship of the Department of | 2 | | Children and Family Services under this Act. | 3 | | (Source: P.A. 86-904.)
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