Bill Text: IL HB4149 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: 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.

Sponsorship: Partisan Bill (Republican 5)

Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB4149 Detail]

Download: Illinois-2021-HB4149-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4149 Introduced , by Rep. David A. Welter SYNOPSIS AS INTRODUCED:
New Act
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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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Parental Medical Choice Act.
Section 5. Findings. The General Assembly finds the
following:
(1) that Illinois parents often hold different beliefs
about whether certain health care services are morally
acceptable, safe, or appropriate to be administered to
children; and
(2) that Illinois parents should be the decision maker
when deciding what health care measures are and are not
provided or administered to their minor child and what
health care precautions their children should take.
Section 10. Policy. It is the policy of the State of
Illinois to respect, protect, and uphold the fundamental right
of Illinois parents to make informed medical decisions on
behalf of their minor children, independent from any State or
local government agency.
Section 15. Definitions. As used in this Act:

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"Health care" includes, but is not limited to, testing,
diagnosis, prognosis, medication, vaccination, surgery, or
other care or treatment rendered by a physician or physicians,
nurses, paraprofessionals, or health care facility, intended
for the physical, emotional, and mental well-being of persons.
"Health-related precaution" includes facial masking or
quarantining.
"Minor" means a person who has not attained the age of 18
years.
"Public institutions of higher education" has the same
meaning as provided under Section 1 of the Board of Higher
Education Act.
Section 20. Prohibitions.
(a) 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.
(b) 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.
(c) The prohibitions contained in subsections (a) and (b)
include any action that would require a private entity to
enforce requirements or discriminate in a manner that a State
or local entity, agency, institution, official, or person is
prohibited from under subsections (a) and (b).

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(d) No public institutions of higher education in this
State shall require any health care service or health-related
precaution to be taken as a condition on enrollment or
in-person classroom attendance.
(e) Nothing in this Act shall limit the Department of
Public Health from declaring and enforcing a quarantine as
provided under Section 2 of the Department of Public Health
Act.
Section 25. Enforcement. Notwithstanding any other statute
to the contrary, any person aggrieved by a violation of this
Act shall have a right of action in a State circuit court
against an offending State or local entity, agency,
institution, official, or person. A prevailing party may
recover liquidated damages in the amount of $1,000 per day for
the duration of a violation of this Act.