Bill Text: IL SB1564 | 2015-2016 | 99th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Health Care Right of Conscience Act. Makes changes in the Section concerning findings and policy. Defines "access to care and information protocols" and "material information". Provides that notwithstanding any other law, a health care facility, or any physician or health care personnel working in the facility, may refuse to permit, perform, assist in, counsel about, suggest, recommend, refer for, or participate in health care services because of a conscience-based objection only if the refusal occurs in accordance with written access to care and information protocols designed to ensure that (1) the patient receives material information in a timely fashion; and (2) the refusal will not impair the patient's health by causing delay of or inability to access the refused health care service. Provides that nothing in the Act shall be construed to prevent a health care facility from requiring that physicians or health care personnel working in the facility comply with access to care and information protocols. Makes other changes in Sections concerning: (i) discrimination by employers or institutions; and (ii) liability.
Spectrum: Partisan Bill (Democrat 36-0)
Status: (Passed) 2016-07-29 - Public Act . . . . . . . . . 99-0690 [SB1564 Detail]
Download: Illinois-2015-SB1564-Enrolled.html
Bill Title: Amends the Health Care Right of Conscience Act. Makes changes in the Section concerning findings and policy. Defines "access to care and information protocols" and "material information". Provides that notwithstanding any other law, a health care facility, or any physician or health care personnel working in the facility, may refuse to permit, perform, assist in, counsel about, suggest, recommend, refer for, or participate in health care services because of a conscience-based objection only if the refusal occurs in accordance with written access to care and information protocols designed to ensure that (1) the patient receives material information in a timely fashion; and (2) the refusal will not impair the patient's health by causing delay of or inability to access the refused health care service. Provides that nothing in the Act shall be construed to prevent a health care facility from requiring that physicians or health care personnel working in the facility comply with access to care and information protocols. Makes other changes in Sections concerning: (i) discrimination by employers or institutions; and (ii) liability.
Spectrum: Partisan Bill (Democrat 36-0)
Status: (Passed) 2016-07-29 - Public Act . . . . . . . . . 99-0690 [SB1564 Detail]
Download: Illinois-2015-SB1564-Enrolled.html
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1 | AN ACT concerning civil law.
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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 Health Care Right of Conscience Act is | ||||||
5 | amended by changing Sections 2, 3, 6, and 9 and by adding | ||||||
6 | Sections 6.1 and 6.2 as follows:
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7 | (745 ILCS 70/2) (from Ch. 111 1/2, par. 5302)
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8 | Sec. 2. Findings and policy. The General Assembly finds and | ||||||
9 | declares that
people and organizations hold different beliefs | ||||||
10 | about whether certain
health care services are morally | ||||||
11 | acceptable. It is the public policy of the
State of Illinois to
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12 | respect
and protect the right of conscience of all persons who | ||||||
13 | refuse to obtain,
receive or accept, or who are engaged in, the | ||||||
14 | delivery of, arrangement for,
or payment of health care
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15 | services and medical care whether acting individually, | ||||||
16 | corporately, or
in association with other persons; and to | ||||||
17 | prohibit all forms of
discrimination, disqualification, | ||||||
18 | coercion, disability or imposition of
liability upon such | ||||||
19 | persons or entities by reason of their refusing to
act contrary | ||||||
20 | to their conscience or conscientious convictions in
providing, | ||||||
21 | paying for, or refusing to obtain, receive, accept, deliver, | ||||||
22 | pay for, or
arrange
for the payment of health care services and
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23 | medical care. It is also the public policy of the State of |
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1 | Illinois to ensure that patients receive timely access to | ||||||
2 | information and medically appropriate care.
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3 | (Source: P.A. 90-246, eff. 1-1-98.)
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4 | (745 ILCS 70/3) (from Ch. 111 1/2, par. 5303)
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5 | Sec. 3. Definitions. As used in this Act, unless the | ||||||
6 | context clearly
otherwise
requires:
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7 | (a) "Health care" means any phase of patient care, | ||||||
8 | including
but
not limited to, testing; diagnosis; prognosis; | ||||||
9 | ancillary research;
instructions; family planning, | ||||||
10 | counselling, referrals, or any other
advice in connection with | ||||||
11 | the use or procurement of contraceptives and
sterilization or | ||||||
12 | abortion procedures; medication; or surgery or other
care or | ||||||
13 | treatment rendered by a physician or physicians, nurses,
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14 | paraprofessionals or health care facility, intended for the
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15 | physical,
emotional, and mental well-being of persons;
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16 | (b) "Physician" means any person who is licensed by the | ||||||
17 | State of Illinois under the
Medical Practice Act of 1987;
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18 | (c) "Health care personnel" means any nurse, nurses'
aide, | ||||||
19 | medical school
student, professional, paraprofessional or any | ||||||
20 | other person who
furnishes, or assists in the furnishing of, | ||||||
21 | health care
services;
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22 | (d) "Health care facility" means any public or private
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23 | hospital, clinic,
center, medical school, medical training | ||||||
24 | institution, laboratory or
diagnostic
facility, physician's | ||||||
25 | office, infirmary, dispensary, ambulatory surgical
treatment |
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1 | center or other institution or location wherein health care
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2 | services are provided to any person, including physician | ||||||
3 | organizations and
associations, networks, joint ventures, and | ||||||
4 | all
other combinations of those organizations;
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5 | (e) "Conscience" means a sincerely held set of moral | ||||||
6 | convictions
arising from belief in and relation to God, or | ||||||
7 | which, though not so
derived, arises from a place in the life | ||||||
8 | of its possessor
parallel to
that filled by God among adherents | ||||||
9 | to religious faiths; and
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10 | (f) "Health care payer" means a health maintenance | ||||||
11 | organization, insurance
company, management services | ||||||
12 | organization, or any other entity that pays for
or arranges for | ||||||
13 | the payment of any health care or medical care service,
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14 | procedure, or product ; and .
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15 | (g) "Undue delay" means unreasonable delay that causes | ||||||
16 | impairment of the patient's health. | ||||||
17 | The above definitions include not only the traditional | ||||||
18 | combinations and forms
of these persons and organizations but | ||||||
19 | also all new and emerging forms and
combinations of these | ||||||
20 | persons and organizations.
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21 | (Source: P.A. 90-246, eff. 1-1-98.)
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22 | (745 ILCS 70/6) (from Ch. 111 1/2, par. 5306)
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23 | Sec. 6. Duty of physicians and other health care personnel. | ||||||
24 | Nothing in
this Act shall relieve a physician from any duty,
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25 | which may exist under any laws concerning current standards , of |
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1 | normal
medical practice or care practices and procedures , to | ||||||
2 | inform his or her patient of the
patient's condition, | ||||||
3 | prognosis , legal treatment options, and risks and benefits of | ||||||
4 | treatment options , provided, however, that such
physician | ||||||
5 | shall be under no duty to perform, assist, counsel, suggest,
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6 | recommend, refer or participate in any way in any form of | ||||||
7 | medical
practice or health care service that is contrary to his | ||||||
8 | or
her conscience.
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9 | Nothing in this Act shall be construed so as to relieve a | ||||||
10 | physician
or other health care personnel from obligations under | ||||||
11 | the law
of providing emergency medical care.
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12 | (Source: P.A. 90-246, eff. 1-1-98.)
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13 | (745 ILCS 70/6.1 new) | ||||||
14 | Sec. 6.1. Access to care and information protocols. All | ||||||
15 | health care facilities shall adopt written access to care and | ||||||
16 | information protocols that are designed to ensure that | ||||||
17 | conscience-based objections do not cause impairment of | ||||||
18 | patients' health and that explain how conscience-based | ||||||
19 | objections will be addressed in a timely manner to facilitate | ||||||
20 | patient health care services. The protections of Sections 4, 5, | ||||||
21 | 7, 8, 9, 10, and 11 of this Act only apply if conscience-based | ||||||
22 | refusals occur in accordance with these protocols. These | ||||||
23 | protocols must, at a minimum, address the following: | ||||||
24 | (1) The health care facility, physician, or health care | ||||||
25 | personnel shall inform a patient of the patient's |
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1 | condition, prognosis, legal treatment options, and risks | ||||||
2 | and benefits of the treatment options in a timely manner, | ||||||
3 | consistent with current standards of medical practice or | ||||||
4 | care. | ||||||
5 | (2) When a health care facility, physician, or health | ||||||
6 | care personnel is unable to permit, perform, or participate | ||||||
7 | in a health care service that is a diagnostic or treatment | ||||||
8 | option requested by a patient because the health care | ||||||
9 | service is contrary to the conscience of the health care | ||||||
10 | facility, physician, or health care personnel, then the | ||||||
11 | patient shall either be provided the requested health care | ||||||
12 | service by others in the facility or be notified that the | ||||||
13 | health care will not be provided and be referred, | ||||||
14 | transferred, or given information in accordance with | ||||||
15 | paragraph (3). | ||||||
16 | (3) If requested by the patient or the legal | ||||||
17 | representative of the patient, the health care facility, | ||||||
18 | physician, or health care personnel shall: (i) refer the | ||||||
19 | patient to, or (ii) transfer the patient to, or (iii) | ||||||
20 | provide in writing information to the patient about other | ||||||
21 | health care providers who they reasonably believe may offer | ||||||
22 | the health care service the health care facility, | ||||||
23 | physician, or health personnel refuses to permit, perform, | ||||||
24 | or participate in because of a conscience-based objection. | ||||||
25 | (4) If requested by the patient or the legal | ||||||
26 | representative of the patient, the health care facility, |
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1 | physician, or health care personnel shall provide copies of | ||||||
2 | medical records to the patient or to another health care | ||||||
3 | professional or health care facility designated by the | ||||||
4 | patient in accordance with Illinois law, without undue | ||||||
5 | delay.
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6 | (745 ILCS 70/6.2 new) | ||||||
7 | Sec. 6.2. Permissible acts related to access to care and | ||||||
8 | information protocols. Nothing in this Act shall be construed | ||||||
9 | to prevent a health care facility from requiring that | ||||||
10 | physicians or health care personnel working in the facility | ||||||
11 | comply with access to care and information protocols that | ||||||
12 | comply with the provisions of this Act.
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13 | (745 ILCS 70/9) (from Ch. 111 1/2, par. 5309)
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14 | Sec. 9. Liability. No person, association, or corporation, | ||||||
15 | which owns,
operates, supervises, or manages a health care | ||||||
16 | facility shall
be civilly or
criminally liable to any person, | ||||||
17 | estate, or public or private entity by
reason of refusal of the | ||||||
18 | health care facility to permit or
provide any
particular form | ||||||
19 | of health care service which violates the
facility's conscience | ||||||
20 | as documented in its ethical guidelines,
mission statement, | ||||||
21 | constitution, bylaws, articles of incorporation,
regulations, | ||||||
22 | or other governing documents.
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23 | Nothing in this Act act shall be construed so as to relieve | ||||||
24 | a physician ,
or other health care personnel , or a health care |
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1 | facility from obligations under the law
of providing
emergency | ||||||
2 | medical care.
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3 | (Source: P.A. 90-246, eff. 1-1-98.)
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