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90_HB0629ham001 LRB9001682DJpkam 1 AMENDMENT TO HOUSE BILL 629 2 AMENDMENT NO. . Amend House Bill 629 by replacing 3 the title with the following: 4 "AN ACT concerning medical care, amending named Acts."; 5 and 6 by replacing everything after the enacting clause with the 7 following: 8 "Section 5. The Illinois Abortion Law of 1975 is amended 9 by changing Section 13 as follows: 10 (720 ILCS 510/13) (from Ch. 38, par. 81-33) 11 Sec. 13. No physician, hospital, ambulatory surgical 12 center, nor employee thereof, shall be required against his 13 or its conscience declared in writing to perform, permit or 14 participate in any abortion, and the failure or refusal to do 15 so shall not be the basis for any civil, criminal, 16 administrative or disciplinary action, proceeding, penalty or 17 punishment. If a physician, hospital, or ambulatory surgical 18 center, or an employee of any of those, declines under this 19 Section to perform, permit, or participate in any abortion 20 because it is against the conscience of the physician, 21 hospital, ambulatory surgical center, or employee, then the -2- LRB9001682DJpkam 1 physician, hospital, ambulatory surgical center, or employee 2 shall provide a written disclosure to each patient and 3 prospective patient of the physician, hospital, or ambulatory 4 surgical center before providing any medical service to the 5 patient or prospective patient. The disclosure shall list 6 every medical service that the physician, hospital, 7 ambulatory surgical center, or employee declines to perform, 8 permit, or participate in under this Section. If any request 9 for an abortion is denied, the patient shall be promptly 10 notified. 11 (Source: P.A. 81-1078.) 12 Section 10. The Right of Conscience Act is amended by 13 changing Sections 4 and 9 as follows: 14 (745 ILCS 70/4) (from Ch. 111 1/2, par. 5304) 15 Sec. 4. No physician or medical personnel shall be 16 civilly or criminally liable to any person, estate, public or 17 private entity or public official by reason of his or her 18 refusal to perform, assist, counsel, suggest, recommend, 19 refer or participate in any way in any particular form of 20 medical care which is contrary to the conscience of such 21 physician or medical personnel. If a physician or medical 22 personnel decline under this Section to perform, assist, 23 counsel, suggest, recommend, refer, or participate in any way 24 in any particular form of medical care because it is contrary 25 to the conscience of the physician or other person, then the 26 physician or other person shall provide a written disclosure 27 to each patient and prospective patient of the physician or 28 other person before providing any medical care to the patient 29 or prospective patient. The disclosure shall list every form 30 of medical care that the physician or other person declines 31 to perform, assist, counsel, suggest, recommend, refer, or 32 participate in under this Section. -3- LRB9001682DJpkam 1 (Source: P.A. 80-616.) 2 (745 ILCS 70/9) (from Ch. 111 1/2, par. 5309) 3 Sec. 9. No person, association, or corporation, which 4 owns, operates, supervises, or manages a medical facility 5 shall be civilly or criminally liable to any person, estate, 6 or public or private entity by reason of refusal of such 7 medical facility to permit or provide any particular form of 8 medical care which violates its ethical guidelines, 9 constitution, by-laws, articles of incorporation or 10 regulations. If a person, association, or corporation 11 declines under this Section to permit or provide any 12 particular form of medical care because it violates the 13 person's, association's, or corporation's ethical guidelines, 14 constitution, by-laws, articles of incorporation, or 15 regulations, then the person, association, or corporation 16 shall provide a written disclosure to each patient and 17 prospective patient of a medical facility owned, operated, 18 supervised, or managed by the person, association, or 19 corporation before providing any medical care to the patient 20 or prospective patient at the facility. The disclosure shall 21 list every form of medical care that the person, association, 22 or corporation declines to permit or provide under this 23 Section. 24 Nothing in this act shall be construed so as to relieve a 25 physician or other medical personnel from obligations under 26 the law of providing emergency medical care. 27 (Source: P.A. 80-616.)".