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 - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB4149 Detail]
Download: Illinois-2021-HB4149-Introduced.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||
5 | Parental Medical Choice Act.
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6 | Section 5. Findings. The General Assembly finds the | |||||||||||||||||||
7 | following:
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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
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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.
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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.
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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.
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6 | "Health-related precaution" includes facial masking or | ||||||
7 | quarantining.
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8 | "Minor" means a person who has not attained the age of 18 | ||||||
9 | years.
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10 | "Public institutions of higher education" has the same | ||||||
11 | meaning as provided under Section 1 of the Board of Higher | ||||||
12 | Education Act.
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13 | Section 20. Prohibitions.
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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.
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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.
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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.
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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.
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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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