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| | HB4501 Enrolled | | LRB098 17938 RPM 53062 b |
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1 | | AN ACT concerning public health.
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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 5. The Consent by Minors to Medical Procedures Act |
5 | | is amended by adding Section 1.5 as follows:
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6 | | (410 ILCS 210/1.5 new) |
7 | | Sec. 1.5. Consent by minor seeking care for primary care |
8 | | services. |
9 | | (a) The consent to the performance of primary care services |
10 | | by a physician licensed to practice medicine in all its |
11 | | branches, an advanced practice nurse who has a written |
12 | | collaborative agreement with a collaborating physician that |
13 | | authorizes provision of services for minors, or a physician |
14 | | assistant who has been delegated authority to provide services |
15 | | for minors executed by a minor seeking care is not voidable |
16 | | because of such minority, and for such purpose, a minor seeking |
17 | | care is deemed to have the same legal capacity to act and has |
18 | | the same powers and obligations as has a person of legal age |
19 | | under the following circumstances: |
20 | | (1) the health care professional reasonably believes |
21 | | that the minor seeking care understands the benefits and |
22 | | risks of any proposed primary care or services; and |
23 | | (2) the minor seeking care is identified in writing as |
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1 | | a minor seeking care by: |
2 | | (A) an adult relative; |
3 | | (B) a representative of a homeless service agency |
4 | | that receives federal, State, county, or municipal |
5 | | funding to provide those services or that is otherwise |
6 | | sanctioned by a local continuum of care; |
7 | | (C) an attorney licensed to practice law in this |
8 | | State; |
9 | | (D) a public school homeless liaison or school |
10 | | social worker; |
11 | | (E) a social service agency providing services to |
12 | | at risk, homeless, or runaway youth; or |
13 | | (F) a representative of a religious organization. |
14 | | (b) A health care professional rendering primary care |
15 | | services under this Section shall not incur civil or criminal |
16 | | liability for failure to obtain valid consent or professional |
17 | | discipline for failure to obtain valid consent if he or she |
18 | | relied in good faith on the representations made by the minor |
19 | | or the information provided under paragraph (2) of subsection |
20 | | (a) of this Section. Under such circumstances, good faith shall |
21 | | be presumed. |
22 | | (c) The confidential nature of any communication between a |
23 | | health care professional described in Section 1 of this Act and |
24 | | a minor seeking care is not waived (1) by the presence, at the |
25 | | time of communication, of any additional persons present at the |
26 | | request of the minor seeking care, (2) by the health care |
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1 | | professional's disclosure of confidential information to the |
2 | | additional person with the consent of the minor seeking care, |
3 | | when reasonably necessary to accomplish the purpose for which |
4 | | the additional person is consulted, or (3) by the health care |
5 | | professional billing a health benefit insurance or plan under |
6 | | which the minor seeking care is insured, is enrolled, or has |
7 | | coverage for the services provided. |
8 | | (d) Nothing in this Section shall be construed to limit or |
9 | | expand a minor's existing powers and obligations under any |
10 | | federal, State, or local law. Nothing in this Section shall be |
11 | | construed to affect the Parental Notice of Abortion Act of |
12 | | 1995. Nothing in this Section affects the right or authority of |
13 | | a parent or legal guardian to verbally, in writing, or |
14 | | otherwise authorize health care services to be provided for a |
15 | | minor in their absence. |
16 | | (e) For the purposes of this Section: |
17 | | "Minor seeking care" means a person at least 14 years |
18 | | of age but less than 18 years of age who is living separate |
19 | | and apart from his or her parents or legal guardian, |
20 | | whether with or without the consent of a parent or legal |
21 | | guardian who is unable or unwilling to return to the |
22 | | residence of a parent, and managing his or her own personal |
23 | | affairs. "Minor seeking care" does not include minors who |
24 | | are under the protective custody, temporary custody, or |
25 | | guardianship of the Department of Children and Family |
26 | | Services. |
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1 | | "Primary care services" means health care services |
2 | | that include screening, counseling, immunizations, |
3 | | medication, and treatment of illness and conditions |
4 | | customarily provided by licensed health care professionals |
5 | | in an out-patient setting. "Primary care services" does not |
6 | | include invasive care, beyond standard injections, |
7 | | laceration care, or non-surgical fracture care.
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8 | | Section 99. Effective date. This Act takes effect October |
9 | | 1, 2014.
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