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


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.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced) 2021-10-19 - Referred to Rules Committee [HB4149 Detail]

Download: Illinois-2021-HB4149-Introduced.html


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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1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Parental Medical Choice Act.
6 Section 5. Findings. The General Assembly finds the
7following:
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
17Illinois to respect, protect, and uphold the fundamental right
18of Illinois parents to make informed medical decisions on
19behalf of their minor children, independent from any State or
20local 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,
2diagnosis, prognosis, medication, vaccination, surgery, or
3other care or treatment rendered by a physician or physicians,
4nurses, paraprofessionals, or health care facility, intended
5for the physical, emotional, and mental well-being of persons.
6 "Health-related precaution" includes facial masking or
7quarantining.
8 "Minor" means a person who has not attained the age of 18
9years.
10 "Public institutions of higher education" has the same
11meaning as provided under Section 1 of the Board of Higher
12Education Act.
13 Section 20. Prohibitions.
14 (a) No State or local entity, agency, institution,
15official, or person shall require a minor to obtain a health
16care service or take a health-related precaution.
17 (b) No State or local entity, agency, institution,
18official, or person shall discriminate against a minor because
19the child has or has not obtained a health care service or has
20or has not taken any health-related precaution.
21 (c) The prohibitions contained in subsections (a) and (b)
22include any action that would require a private entity to
23enforce requirements or discriminate in a manner that a State
24or local entity, agency, institution, official, or person is
25prohibited from under subsections (a) and (b).

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1 (d) No public institutions of higher education in this
2State shall require any health care service or health-related
3precaution to be taken as a condition on enrollment or
4in-person classroom attendance.
5 (e) Nothing in this Act shall limit the Department of
6Public Health from declaring and enforcing a quarantine as
7provided under Section 2 of the Department of Public Health
8Act.
9 Section 25. Enforcement. Notwithstanding any other statute
10to the contrary, any person aggrieved by a violation of this
11Act shall have a right of action in a State circuit court
12against an offending State or local entity, agency,
13institution, official, or person. A prevailing party may
14recover liquidated damages in the amount of $1,000 per day for
15the duration of a violation of this Act.
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