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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1849 Introduced 2/9/2017, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED:
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| 410 ILCS 210/1 | from Ch. 111, par. 4501 | 410 ILCS 210/1.5 | | 410 ILCS 210/2 | from Ch. 111, par. 4502 | 410 ILCS 210/3 | from Ch. 111, par. 4503 |
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Amends the Consent by Minors to Medical Procedures Act. Provides that provisions concerning the giving of consent to the performance of procedures or services apply to the giving of consent to the performance of procedures or services by a licensed optometrist.
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| | A BILL FOR |
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| | SB1849 | | LRB100 08467 MJP 18585 b |
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| 1 | | AN ACT concerning 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 changing Sections 1, 1.5, 2, and 3 as follows:
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| 6 | | (410 ILCS 210/1) (from Ch. 111, par. 4501)
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| 7 | | Sec. 1. Consent by minor. The consent to the performance of |
| 8 | | a medical or
surgical procedure
by a physician licensed to |
| 9 | | practice medicine and surgery, a licensed advanced practice |
| 10 | | nurse, a licensed optometrist, or a licensed physician |
| 11 | | assistant executed by a
married person who is a minor, by a |
| 12 | | parent who is a minor, by a pregnant
woman who is a minor, or by
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| 13 | | any person 18 years of age or older, is not voidable because of |
| 14 | | such
minority, and, for such purpose, a married person who is a |
| 15 | | minor, a parent
who is a minor, a
pregnant woman who is a |
| 16 | | minor, or any person 18 years of age or older, is
deemed to |
| 17 | | have the same legal capacity to act and has the same powers and
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| 18 | | obligations as has a person of legal age.
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| 19 | | (Source: P.A. 99-173, eff. 7-29-15.)
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| 20 | | (410 ILCS 210/1.5) |
| 21 | | Sec. 1.5. Consent by minor seeking care for primary care |
| 22 | | services. |
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| 1 | | (a) The consent to the performance of primary care services |
| 2 | | by a physician licensed to practice medicine in all its |
| 3 | | branches, a licensed advanced practice nurse, a licensed |
| 4 | | optometrist, or a licensed physician assistant executed by a |
| 5 | | minor seeking care is not voidable because of such minority, |
| 6 | | and for such purpose, a minor seeking care is deemed to have |
| 7 | | the same legal capacity to act and has the same powers and |
| 8 | | obligations as has a person of legal age under the following |
| 9 | | circumstances: |
| 10 | | (1) the health care professional reasonably believes |
| 11 | | that the minor seeking care understands the benefits and |
| 12 | | risks of any proposed primary care or services; and |
| 13 | | (2) the minor seeking care is identified in writing as |
| 14 | | a minor seeking care by: |
| 15 | | (A) an adult relative; |
| 16 | | (B) a representative of a homeless service agency |
| 17 | | that receives federal, State, county, or municipal |
| 18 | | funding to provide those services or that is otherwise |
| 19 | | sanctioned by a local continuum of care; |
| 20 | | (C) an attorney licensed to practice law in this |
| 21 | | State; |
| 22 | | (D) a public school homeless liaison or school |
| 23 | | social worker; |
| 24 | | (E) a social service agency providing services to |
| 25 | | at risk, homeless, or runaway youth; or |
| 26 | | (F) a representative of a religious organization. |
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| | SB1849 | - 3 - | LRB100 08467 MJP 18585 b |
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| 1 | | (b) A health care professional rendering primary care |
| 2 | | services under this Section shall not incur civil or criminal |
| 3 | | liability for failure to obtain valid consent or professional |
| 4 | | discipline for failure to obtain valid consent if he or she |
| 5 | | relied in good faith on the representations made by the minor |
| 6 | | or the information provided under paragraph (2) of subsection |
| 7 | | (a) of this Section. Under such circumstances, good faith shall |
| 8 | | be presumed. |
| 9 | | (c) The confidential nature of any communication between a |
| 10 | | health care professional described in Section 1 of this Act and |
| 11 | | a minor seeking care is not waived (1) by the presence, at the |
| 12 | | time of communication, of any additional persons present at the |
| 13 | | request of the minor seeking care, (2) by the health care |
| 14 | | professional's disclosure of confidential information to the |
| 15 | | additional person with the consent of the minor seeking care, |
| 16 | | when reasonably necessary to accomplish the purpose for which |
| 17 | | the additional person is consulted, or (3) by the health care |
| 18 | | professional billing a health benefit insurance or plan under |
| 19 | | which the minor seeking care is insured, is enrolled, or has |
| 20 | | coverage for the services provided. |
| 21 | | (d) Nothing in this Section shall be construed to limit or |
| 22 | | expand a minor's existing powers and obligations under any |
| 23 | | federal, State, or local law. Nothing in this Section shall be |
| 24 | | construed to affect the Parental Notice of Abortion Act of |
| 25 | | 1995. Nothing in this Section affects the right or authority of |
| 26 | | a parent or legal guardian to verbally, in writing, or |
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| 1 | | otherwise authorize health care services to be provided for a |
| 2 | | minor in their absence. |
| 3 | | (e) For the purposes of this Section: |
| 4 | | "Minor seeking care" means a person at least 14 years |
| 5 | | of age but less than 18 years of age who is living separate |
| 6 | | and apart from his or her parents or legal guardian, |
| 7 | | whether with or without the consent of a parent or legal |
| 8 | | guardian who is unable or unwilling to return to the |
| 9 | | residence of a parent, and managing his or her own personal |
| 10 | | affairs. "Minor seeking care" does not include minors who |
| 11 | | are under the protective custody, temporary custody, or |
| 12 | | guardianship of the Department of Children and Family |
| 13 | | Services. |
| 14 | | "Primary care services" means health care services |
| 15 | | that include screening, counseling, immunizations, |
| 16 | | medication, and treatment of illness and conditions |
| 17 | | customarily provided by licensed health care professionals |
| 18 | | in an out-patient setting. "Primary care services" does not |
| 19 | | include invasive care, beyond standard injections, |
| 20 | | laceration care, or non-surgical fracture care.
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| 21 | | (Source: P.A. 98-671, eff. 10-1-14; 99-173, eff. 7-29-15.)
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| 22 | | (410 ILCS 210/2) (from Ch. 111, par. 4502)
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| 23 | | Sec. 2. Any parent, including a parent who is a minor, may |
| 24 | | consent to the
performance upon his or her child of a medical |
| 25 | | or surgical procedure by a
physician licensed to practice |
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| 1 | | medicine and surgery, a licensed advanced practice nurse, a |
| 2 | | licensed optometrist, or a licensed physician assistant or a |
| 3 | | dental procedure
by a licensed dentist. The consent of a parent |
| 4 | | who is a minor shall not be
voidable because of such minority, |
| 5 | | but, for such purpose, a parent who is a
minor shall be deemed |
| 6 | | to have the same legal capacity to act and shall have
the same |
| 7 | | powers and obligations as has a person of legal age.
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| 8 | | (Source: P.A. 99-173, eff. 7-29-15.)
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| 9 | | (410 ILCS 210/3) (from Ch. 111, par. 4503)
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| 10 | | Sec. 3. (a) Where a hospital, a physician licensed to |
| 11 | | practice medicine
or surgery, a licensed advanced practice |
| 12 | | nurse, a licensed optometrist, or a licensed physician |
| 13 | | assistant renders emergency treatment or first aid or a |
| 14 | | licensed dentist
renders emergency dental treatment to a minor, |
| 15 | | consent of the minor's parent
or legal guardian need not be |
| 16 | | obtained if, in the sole opinion of the
physician,
advanced |
| 17 | | practice nurse, physician assistant,
dentist, or hospital, the |
| 18 | | obtaining of consent is not reasonably feasible
under the |
| 19 | | circumstances without adversely affecting the condition of |
| 20 | | such
minor's health.
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| 21 | | (b) Where a minor is the victim of a predatory criminal |
| 22 | | sexual assault of
a child, aggravated criminal sexual assault, |
| 23 | | criminal sexual assault,
aggravated criminal sexual abuse or |
| 24 | | criminal sexual abuse, as provided in
Sections 11-1.20 through |
| 25 | | 11-1.60 of the Criminal Code of 2012, the consent
of the |
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| 1 | | minor's parent or legal guardian need not be obtained to |
| 2 | | authorize
a hospital, physician, advanced practice nurse, |
| 3 | | physician assistant, or other medical personnel to furnish |
| 4 | | medical care
or counseling related to the diagnosis or |
| 5 | | treatment of any disease or injury
arising from such offense. |
| 6 | | The minor may consent to such counseling, diagnosis
or |
| 7 | | treatment as if the minor had reached his or her age of |
| 8 | | majority. Such
consent shall not be voidable, nor subject to |
| 9 | | later disaffirmance, because
of minority.
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| 10 | | (Source: P.A. 99-173, eff. 7-29-15.)
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