HB4737 102ND GENERAL ASSEMBLY

LRB102 21370 RLC 34714 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4737

Introduced 1/27/2022, by Rep. Deanne M. Mazzochi

SYNOPSIS AS INTRODUCED:

410 ILCS 50/3.1	from Ch. 111 1/2, par. 5403.1
705 ILCS 405/2-11	from Ch. 37, par. 802-11

Amends the Medical Patient Rights Act and the Juvenile Court Act of 1987. Provides that the Department of Children and Family Services may not consent to a minor participating in a clinical trial when the minor is a youth in care or in shelter care, unless the minor is actively experiencing symptoms of a disease which the clinical trial seeks to treat and in the opinion of a supervising treating physician, the treatment is in the best interest of the child, because the child has an unmet medical need for which no other treatment is available. Defines "youth in care" as a person placed in the temporary custody or guardianship of the Department of Children and Family Services under the Juvenile Court Act of 1987.

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Medical Patient Rights Act is amended by changing Section 3.1 as follows:

(410 ILCS 50/3.1) (from Ch. 111 1/2, par. 5403.1)

Sec. 3.1. (a) Any patient who is the subject of a research program or an experimental procedure, as defined under the rules and regulations of the Hospital Licensing Act, shall have, at a minimum, the right to receive an explanation of the nature and possible consequences of such research or experiment before the research or experiment is conducted, and to consent to or reject it.

(b) No physician may conduct any research program or experimental procedure on a patient without the prior informed consent of the patient or, if the patient is unable to consent, the patient's guardian, spouse, parent, or authorized agent.

(b-5) The Department of Children and Family Services may not consent to a minor participating in a clinical trial when the minor is a youth in care or in shelter care, unless the minor is actively experiencing symptoms of a disease which the clinical trial seeks to treat and in the opinion of a supervising treating physician, the treatment is in the best interest of the child, because the child has an unmet medical need for which no other treatment is available. As used in this subsection, "youth in care" means a person placed in the temporary custody or guardianship of the Department of Children and Family Services under the Juvenile Court Act of 1987.

(c) This Section shall not apply to any research program or medical experimental procedure for patients subject to a life-threatening emergency that is conducted in accordance with Part 50 of Title 21 of, and Part 46 of Title 45 of, the Code of Federal Regulations.

(Source: P.A. 90-36, eff. 6-27-97.)

Section 10. The Juvenile Court Act of 1987 is amended by changing Section 2-11 as follows:

(705 ILCS 405/2-11) (from Ch. 37, par. 802-11)

Sec. 2-11. Medical and dental treatment and care. At all times during temporary custody or shelter care, the court may authorize a physician, a hospital or any other appropriate health care provider to provide medical, dental or surgical procedures if such procedures are necessary to safeguard the minor's life or health.

With respect to any minor for whom the Department of Children and Family Services Guardianship Administrator is appointed the temporary custodian, the Guardianship Administrator or his designee shall be deemed the minor's legally authorized representative for purposes of consenting to an HIV test and obtaining and disclosing information concerning such test pursuant to the AIDS Confidentiality Act and for purposes of consenting to the release of information pursuant to the Illinois Sexually Transmissible Disease Control Act.

Any person who administers an HIV test upon the consent of the Department of Children and Family Services Guardianship Administrator or his designee, or who discloses the results of such tests to the Department's Guardianship Administrator or his designee, shall have immunity from any liability, civil, criminal or otherwise, that might result by reason of such actions. For the purpose of any proceedings, civil or criminal, the good faith of any persons required to administer or disclose the results of tests, or permitted to take such actions, shall be presumed.

The Department of Children and Family Services may not consent to a minor participating in a clinical trial when the minor is a youth in care or in shelter care, unless the minor is actively experiencing symptoms of a disease which the clinical trial seeks to treat and in the opinion of a supervising treating physician, the treatment is in the best interest of the child, because the child has an unmet medical need for which no other treatment is available. As used in this Section, "youth in care" means a person placed in the temporary custody or guardianship of the Department of Children and Family Services under this Act.

(Source: P.A. 86-904.)