Illinois General Assembly - Full Text of HB1046
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Full Text of HB1046  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 1/12/2023, by Rep. Mary E. Flowers


See Index

    Provides that the amendatory Act may be referred to as the Reproductive Liberty and Dignity Act. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to establish reproductive health clinics meeting specified requirements throughout the State. Amends the Equity and Representation in Health Care Act. Provides that a licensed certified professional midwife is a "health care professional". Provides that a reproductive health clinic established at a nonprofit community health center is a "medical facility". Defines "licensed certified professional midwife". Amends the Birth Center Licensing Act. Makes changes to the definition of "birth center". Amends the Licensed Certified Professional Midwife Practice Act. Provides that a licensed certified professional midwife may provide out-of-hospital care to a childbearing individual who has had a previous cesarean section if it is authorized by the Department of Financial and Professional Regulation. Removes language prohibiting a licensed certified professional midwife from (1) performing an abortion or (2) knowingly accepting responsibility for prenatal or intrapartum care of a client with alcoholism or alcohol abuse or drug addiction or abuse. Amends the Abused and Neglected Child Reporting Act. Removes language providing that "neglected child" means, among other things, any child who is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance. Amends the Medical Patient Rights Act. Makes changes to provisions regarding the rights of women with regard to pregnancy and childbirth. Provides that, notwithstanding any other provision of law, unless specified exceptions exist, a patient has the right for a physician, health care provider, health services corporation, or insurance company to administer specified medical tests without disclosing the results of the test to a law enforcement agency or to the Department of Children and Family Services. Establishes penalties for violating the provisions. Amends the Vital Records Act. Makes changes to provisions regarding certificates of stillbirth.

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HB1046LRB103 04888 CPF 49898 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. This Act may be referred to as the Reproductive
5Liberty and Dignity Act.
6    Section 5. The Department of Public Health Powers and
7Duties Law of the Civil Administrative Code of Illinois is
8amended by adding Section 2310-438 as follows:
9    (20 ILCS 2310/2310-438 new)
10    Sec. 2310-438. Reproductive health clinics.
11    (a) The Department shall establish reproductive health
12clinics throughout the State to provide comprehensive access
13to essential reproductive health services. The services
14provided at the reproductive health clinics shall be offered
15at an affordable price and shall include, but not be limited
16to, all of the following:
17        (1) Annual women's health examinations, including
18    Papanicolaou tests and breast examinations.
19        (2) Pregnancy confirmation.
20        (3) Prenatal care, including ultrasound examinations.
21        (4) Labor and delivery.
22        (5) Postpartum care and support.



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1        (6) Family planning examinations and birth control.
2        (7) Abortion care and post-abortion care.
3        (8) Examinations, care, and prescriptions for sexually
4    transmitted diseases and infections.
5        (9) Doulas and childbirth consultants, with fees set
6    on a sliding scale based on the patient's income.
7        (10) Free childbirth education, breastfeeding support,
8    and parenting support offered on-site.
9    (b) No reproductive health clinic established under this
10Section shall refuse access to services described under
11subsection (a) to a patient seeking such access on the basis of
12his or her immigration status, state or territory of
13residence, insurance status, or any characteristic otherwise
14protected under the Illinois Human Rights Act.
15    Section 10. The Equity and Representation in Health Care
16Act is amended by changing Section 10 as follows:
17    (110 ILCS 932/10)
18    (This Section may contain text from a Public Act with a
19delayed effective date)
20    Sec. 10. Definitions. As used in this Act:
21    "Accredited school" means a college or university in which
22a degree in allopathic medicine, osteopathic medicine,
23dentistry, physical therapy, or an equivalent credential for a
24health program is earned and for which the Council for Higher



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1Education Accreditation or its affiliates has determined that
2the school meets specific standards for its programs, faculty,
3and curriculum.
4    "Advanced practice registered nurse" or "APRN" means an
5advanced practice registered nurse as defined under Section
650-10 of the Nurse Practice Act.
7    "Allopathic medicine" means the use of pharmacological
8agents or physical interventions to treat or suppress symptoms
9or processes of diseases or conditions.
10    "Applicant" means a health care professional or medical
11facility who applies for loan repayment assistance or
12scholarship funds under this Act.
13    "Approved graduate training" means training in medicine,
14dentistry, or any other health profession that leads to
15eligibility for board certification, provides evidence of
16completion, and is approved by the appropriate health care
17professional's body.
18    "Behavioral health provider" means a provider of a
19commonly recognized discipline in the behavioral health
20industry, including, but not limited to, licensed clinical
21social workers, behavioral health therapists, certified
22marriage and family counselors, licensed social workers, and
23addiction counselors.
24    "Breach of service obligation" means failure for any
25reason to begin or complete a contractual service commitment.
26    "Commercial loan" means a loan made by a bank, credit



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1union, savings and loan association, insurance company,
2school, or other financial institution.
3    "Community health center" means a migrant health center,
4community health center, health care program for the homeless
5or for residents of public housing supported under Section 330
6of the federal Public Health Service Act, or FQHC, including
7an FQHC Look-Alike, as designated by the U.S. Department of
8Health and Human Services, that operates at least one
9federally designated primary health care delivery site in
11    "Default" means failure to meet a legal obligation or
12condition of a loan.
13    "Department" means the Department of Public Health.
14    "Dental assistant" means a person who serves as a member
15of a dental care team, working directly with a dentist to
16perform duties that include, but are not limited to, assisting
17with dental procedures, preparing patients for procedures,
18preparing examinations, and sterilizing equipment.
19    "Dentist" means a person licensed to practice dentistry
20under the Illinois Dental Practice Act.
21    "Director" means the Director of Public Health.
22    "Equity and Representation in Health Care Workforce
23Repayment Program" or "Repayment Program" means the Equity and
24Representation in Health Care Workforce Repayment Program
25created under subsection (a) of Section 15.
26    "Equity and Representation in Health Care Workforce



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1Scholarship Program" or "Scholarship Program" means the Equity
2and Representation in Health Care Workforce Scholarship
3Program created under subsection (b) of Section 15.
4    "Federally Qualified Health Center" or "FQHC" means a
5health center funded under Section 330 of the federal Public
6Health Service Act.
7    "Federally Qualified Health Center Look-Alike" or "FQHC
8Look-Alike" means a health center that meets the requirements
9for receiving a grant under Section 330 of the federal Public
10Health Service Act but does not receive funding under that
12    "Government loan" means a loan made by a federal, State,
13county, or city agency authorized to make the loan.
14    "Health care professional" means a physician, physician
15assistant, advanced practice registered nurse, nurse, licensed
16certified professional midwife, chiropractic physician,
17podiatrist, physical therapist, physical therapist assistant,
18occupational therapist, speech therapist, behavioral health
19provider, psychiatrist, psychologist, pharmacist, dentist,
20medical assistant, dental assistant, or dental hygienist.
21    "Health professional shortage area" or "HPSA" means a
22designation from the U.S. Department of Health and Human
23Services that indicates the shortage of primary medical care
24or dental or mental health providers. The designation may be
25geographic, such as a county or service area; demographic,
26such as low-income population; or institutional, such as a



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1comprehensive health center, FQHC, or other public facility.
2    "Lender" means the commercial or government entity that
3makes a qualifying loan.
4    "Licensed certified professional midwife" means a person
5who meets the requirements under Section 45 of the Licensed
6Certified Professional Midwife Practice Act and holds an
7active license to practice as a certified professional midwife
8in Illinois.
9    "Loan repayment award" or "award" means the amount of
10funding awarded to a recipient based upon his or her
11reasonable educational expenses, up to a maximum established
12by the program.
13    "Loan repayment agreement" or "agreement" means the
14written instrument defining a legal relationship entered into
15between the Department and a recipient.
16    "Medical assistant" means a person who serves as a member
17of a medical care team working directly with other providers
18to perform duties that include, but are not limited to,
19gathering patient information, taking vital signs, preparing
20patients for examinations, and assisting physicians during
22    "Medical facility" means a facility in which the delivery
23of health services is provided. A medical facility must be a
24nonprofit or public facility located in Illinois and includes
25the following:
26        (1) A Federally Qualified Health Center.



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1        (2) An FQHC Look-Alike.
2        (3) A hospital system operated by a county with more
3    than 3,000,000 residents.
4        (4) A reproductive health clinic established at a
5    nonprofit community health center under Section 2310-438
6    of the Department of Public Health Powers and Duties Law
7    of the Civil Administrative Code of Illinois, if approved
8    by the Department.
9    "Medically underserved area" or "MUA" means an area
10designated by the U.S. Department of Health and Human
11Services' Health Resources and Services Administration as
12having too few primary care providers, high infant mortality,
13high poverty, or a high elderly population.
14    "Nurse" means a person who is licensed as a licensed
15practical nurse or as a registered nurse under the Nurse
16Practice Act.
17    "Osteopathic medicine" means medical practice based upon
18the theory that diseases are due to loss of structural
19integrity, which can be restored by manipulation of the parts
20and supplemented by therapeutic measures.
21    "Physical therapist" means an individual licensed as a
22physical therapist under the Illinois Physical Therapy Act.
23    "Physical therapist assistant" means an individual
24licensed as a physical therapist assistant under the Illinois
25Physical Therapy Act.
26    "Physician" means a person licensed to practice medicine



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1in all of its branches under the Medical Practice Act of 1987.
2    "Physician assistant" means an individual licensed under
3the Physician Assistant Practice Act of 1987.
4    "Primary care" means health care that encompasses
5prevention services, basic diagnostic and treatment services,
6and support services, including laboratory, radiology,
7transportation, and pharmacy services.
8    "Psychiatrist" means a physician licensed to practice
9medicine in Illinois under the Medical Practice Act of 1987
10who has successfully completed an accredited residency program
11in psychiatry.
12    "Qualifying loan" means a government loan or commercial
13loan used for tuition and reasonable educational and living
14expenses related to undergraduate or graduate education that
15was obtained by the recipient prior to his or her application
16for loan repayment and that is contemporaneous with the
17education received.
18    "Reasonable educational expenses" means costs for
19education, exclusive of tuition. These costs include, but are
20not limited to, fees, books, supplies, clinical travel,
21educational equipment, materials, board certification, or
22licensing examinations. "Reasonable educational expenses" do
23not exceed the estimated standard budget for expenses for the
24degree program and for the years of enrollment.
25    "Reasonable living expenses" means room and board,
26transportation, and commuting costs associated with the



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1applicant's attendance and participation in an educational and
2workforce training program. "Reasonable living expenses" do
3not exceed the estimated standard budget for the recipient's
4degree program and for the years of enrollment.
5    "Recognized training entity" means an entity approved by
6the Department to provide training and education for medical
7assistants and dental assistants.
8    "Recipient" means a health care professional or medical
9facility that may use loan repayment funds.
10    "Rural" has the same meaning that is used by the federal
11Health Resources and Services Administration to determine
12eligibility for Rural Health Grants.
13    "State" means the State of Illinois.
14(Source: P.A. 102-942, eff. 1-1-23; revised 9-2-22.)
15    Section 15. The Birth Center Licensing Act is amended by
16changing Section 5 as follows:
17    (210 ILCS 170/5)
18    Sec. 5. Definitions. In this Act:
19    "Birth center" means a designated site, other than a
21        (1) in which births are planned to occur following a
22    normal, uncomplicated, and low-risk pregnancy;
23        (2) that is not the pregnant person's usual place of
24    residence;



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1        (3) that is exclusively dedicated to serving the
2    reproductive health care childbirth-related needs of
3    pregnant persons and their newborns, and has no more than
4    10 beds;
5        (4) that offers prenatal care and community education
6    services and coordinates these services with other health
7    care services available in the community; and
8        (5) that does not provide general anesthesia; and or
9    surgery.
10        (6) that does not provide surgery except as allowed by
11    the Department by rule.
12    "Certified nurse midwife" means an advanced practice
13registered nurse licensed in Illinois under the Nurse Practice
14Act with full practice authority or who is delegated such
15authority as part of a written collaborative agreement with a
16physician who is associated with the birthing center or who
17has privileges at a nearby birthing hospital.
18    "Department" means the Illinois Department of Public
20    "Hospital" does not include places where pregnant females
21are received, cared for, or treated during delivery if it is in
22a licensed birth center, nor include any facility required to
23be licensed as a birth center.
24    "Licensed certified professional midwife" means a person
25who has successfully met the requirements under Section 45 of
26the Licensed Certified Professional Midwife Practice Act and



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1holds an active license to practice as a licensed certified
2professional midwife in Illinois.
3    "Physician" means a physician licensed to practice
4medicine in all its branches in Illinois.
5    "Reproductive health care" has the same meaning as
6provided in Section 1-10 of the Reproductive Health Act.
7(Source: P.A. 102-518, eff. 8-20-21; 102-964, eff. 1-1-23.)
8    Section 20. The Licensed Certified Professional Midwife
9Practice Act is amended by changing Section 85 as follows:
10    (225 ILCS 64/85)
11    (Section scheduled to be repealed on January 1, 2027)
12    Sec. 85. Prohibited practices.
13    (a) A licensed certified professional midwife may not do
14any of the following:
15        (1) administer prescription pharmacological agents
16    intended to induce or augment labor;
17        (2) administer prescription pharmacological agents to
18    provide pain management;
19        (3) use vacuum extractors or forceps;
20        (4) prescribe medications;
21        (5) provide out-of-hospital care to a childbearing
22    individual who has had a previous cesarean section, except
23    as authorized by the Department by rule;
24        (6) perform abortions or surgical procedures,



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1    including, but not limited to, cesarean sections and
2    circumcisions, except for an emergency episiotomy;
3        (7) knowingly accept responsibility for prenatal or
4    intrapartum care of a client with any of the following
5    risk factors:
6            (A) chronic significant maternal cardiac,
7        pulmonary, renal, or hepatic disease;
8            (B) malignant disease in an active phase;
9            (C) significant hematological disorders,
10        coagulopathies, or pulmonary embolism;
11            (D) insulin requiring diabetes mellitus;
12            (E) known maternal congenital abnormalities
13        affecting childbirth;
14            (F) confirmed isoimmunization, Rh disease with
15        positive titer;
16            (G) active tuberculosis;
17            (H) active syphilis or gonorrhea;
18            (I) active genital herpes infection 2 weeks prior
19        to labor or in labor;
20            (J) pelvic or uterine abnormalities affecting
21        normal vaginal births, including tumors and
22        malformations;
23            (K) (blank); alcoholism or alcohol abuse;
24            (L) (blank); or drug addiction or abuse; or
25            (M) confirmed AIDS status.
26    (b) A licensed certified professional midwife shall not



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1administer Schedule II through IV controlled substances.
2Subject to a prescription by a health care professional,
3Schedule V controlled substances may be administered by
4licensed certified professional midwives.
5(Source: P.A. 102-683, eff. 10-1-22.)
6    Section 25. The Abused and Neglected Child Reporting Act
7is amended by changing Section 3 as follows:
8    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
9    Sec. 3. As used in this Act unless the context otherwise
11    "Adult resident" means any person between 18 and 22 years
12of age who resides in any facility licensed by the Department
13under the Child Care Act of 1969. For purposes of this Act, the
14criteria set forth in the definitions of "abused child" and
15"neglected child" shall be used in determining whether an
16adult resident is abused or neglected.
17    "Agency" means a child care facility licensed under
18Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
19includes a transitional living program that accepts children
20and adult residents for placement who are in the guardianship
21of the Department.
22    "Blatant disregard" means an incident where the real,
23significant, and imminent risk of harm would be so obvious to a
24reasonable parent or caretaker that it is unlikely that a



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1reasonable parent or caretaker would have exposed the child to
2the danger without exercising precautionary measures to
3protect the child from harm. With respect to a person working
4at an agency in his or her professional capacity with a child
5or adult resident, "blatant disregard" includes a failure by
6the person to perform job responsibilities intended to protect
7the child's or adult resident's health, physical well-being,
8or welfare, and, when viewed in light of the surrounding
9circumstances, evidence exists that would cause a reasonable
10person to believe that the child was neglected. With respect
11to an agency, "blatant disregard" includes a failure to
12implement practices that ensure the health, physical
13well-being, or welfare of the children and adult residents
14residing in the facility.
15    "Child" means any person under the age of 18 years, unless
16legally emancipated by reason of marriage or entry into a
17branch of the United States armed services.
18    "Department" means Department of Children and Family
20    "Local law enforcement agency" means the police of a city,
21town, village or other incorporated area or the sheriff of an
22unincorporated area or any sworn officer of the Illinois State
24    "Abused child" means a child whose parent or immediate
25family member, or any person responsible for the child's
26welfare, or any individual residing in the same home as the



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1child, or a paramour of the child's parent:
2        (a) inflicts, causes to be inflicted, or allows to be
3    inflicted upon such child physical injury, by other than
4    accidental means, which causes death, disfigurement,
5    impairment of physical or emotional health, or loss or
6    impairment of any bodily function;
7        (b) creates a substantial risk of physical injury to
8    such child by other than accidental means which would be
9    likely to cause death, disfigurement, impairment of
10    physical or emotional health, or loss or impairment of any
11    bodily function;
12        (c) commits or allows to be committed any sex offense
13    against such child, as such sex offenses are defined in
14    the Criminal Code of 2012 or in the Wrongs to Children Act,
15    and extending those definitions of sex offenses to include
16    children under 18 years of age;
17        (d) commits or allows to be committed an act or acts of
18    torture upon such child;
19        (e) inflicts excessive corporal punishment or, in the
20    case of a person working for an agency who is prohibited
21    from using corporal punishment, inflicts corporal
22    punishment upon a child or adult resident with whom the
23    person is working in his or her professional capacity;
24        (f) commits or allows to be committed the offense of
25    female genital mutilation, as defined in Section 12-34 of
26    the Criminal Code of 2012, against the child;



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1        (g) causes to be sold, transferred, distributed, or
2    given to such child under 18 years of age, a controlled
3    substance as defined in Section 102 of the Illinois
4    Controlled Substances Act in violation of Article IV of
5    the Illinois Controlled Substances Act or in violation of
6    the Methamphetamine Control and Community Protection Act,
7    except for controlled substances that are prescribed in
8    accordance with Article III of the Illinois Controlled
9    Substances Act and are dispensed to such child in a manner
10    that substantially complies with the prescription;
11        (h) commits or allows to be committed the offense of
12    involuntary servitude, involuntary sexual servitude of a
13    minor, or trafficking in persons as defined in Section
14    10-9 of the Criminal Code of 2012 against the child; or
15        (i) commits the offense of grooming, as defined in
16    Section 11-25 of the Criminal Code of 2012, against the
17    child.
18    A child shall not be considered abused for the sole reason
19that the child has been relinquished in accordance with the
20Abandoned Newborn Infant Protection Act.
21    "Neglected child" means any child who is not receiving the
22proper or necessary nourishment or medically indicated
23treatment including food or care not provided solely on the
24basis of the present or anticipated mental or physical
25impairment as determined by a physician acting alone or in
26consultation with other physicians or otherwise is not



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1receiving the proper or necessary support or medical or other
2remedial care recognized under State law as necessary for a
3child's well-being, or other care necessary for his or her
4well-being, including adequate food, clothing and shelter; or
5who is subjected to an environment which is injurious insofar
6as (i) the child's environment creates a likelihood of harm to
7the child's health, physical well-being, or welfare and (ii)
8the likely harm to the child is the result of a blatant
9disregard of parent, caretaker, person responsible for the
10child's welfare, or agency responsibilities; or who is
11abandoned by his or her parents or other person responsible
12for the child's welfare without a proper plan of care; or who
13has been provided with interim crisis intervention services
14under Section 3-5 of the Juvenile Court Act of 1987 and whose
15parent, guardian, or custodian refuses to permit the child to
16return home and no other living arrangement agreeable to the
17parent, guardian, or custodian can be made, and the parent,
18guardian, or custodian has not made any other appropriate
19living arrangement for the child; or who is a newborn infant
20whose blood, urine, or meconium contains any amount of a
21controlled substance as defined in subsection (f) of Section
22102 of the Illinois Controlled Substances Act or a metabolite
23thereof, with the exception of a controlled substance or
24metabolite thereof whose presence in the newborn infant is the
25result of medical treatment administered to the mother or the
26newborn infant. A child shall not be considered neglected for



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1the sole reason that the child's parent or other person
2responsible for his or her welfare has left the child in the
3care of an adult relative for any period of time. A child shall
4not be considered neglected for the sole reason that the child
5has been relinquished in accordance with the Abandoned Newborn
6Infant Protection Act. A child shall not be considered
7neglected or abused for the sole reason that such child's
8parent or other person responsible for his or her welfare
9depends upon spiritual means through prayer alone for the
10treatment or cure of disease or remedial care as provided
11under Section 4 of this Act. A child shall not be considered
12neglected or abused solely because the child is not attending
13school in accordance with the requirements of Article 26 of
14The School Code, as amended.
15    "Child Protective Service Unit" means certain specialized
16State employees of the Department assigned by the Director to
17perform the duties and responsibilities as provided under
18Section 7.2 of this Act.
19    "Near fatality" means an act that, as certified by a
20physician, places the child in serious or critical condition,
21including acts of great bodily harm inflicted upon children
22under 13 years of age, and as otherwise defined by Department
24    "Great bodily harm" includes bodily injury which creates a
25high probability of death, or which causes serious permanent
26disfigurement, or which causes a permanent or protracted loss



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1or impairment of the function of any bodily member or organ, or
2other serious bodily harm.
3    "Person responsible for the child's welfare" means the
4child's parent; guardian; foster parent; relative caregiver;
5any person responsible for the child's welfare in a public or
6private residential agency or institution; any person
7responsible for the child's welfare within a public or private
8profit or not for profit child care facility; or any other
9person responsible for the child's welfare at the time of the
10alleged abuse or neglect, including any person who commits or
11allows to be committed, against the child, the offense of
12involuntary servitude, involuntary sexual servitude of a
13minor, or trafficking in persons for forced labor or services,
14as provided in Section 10-9 of the Criminal Code of 2012,
15including, but not limited to, the custodian of the minor, or
16any person who came to know the child through an official
17capacity or position of trust, including, but not limited to,
18health care professionals, educational personnel, recreational
19supervisors, members of the clergy, and volunteers or support
20personnel in any setting where children may be subject to
21abuse or neglect.
22    "Temporary protective custody" means custody within a
23hospital or other medical facility or a place previously
24designated for such custody by the Department, subject to
25review by the Court, including a licensed foster home, group
26home, or other institution; but such place shall not be a jail



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1or other place for the detention of criminal or juvenile
3    "An unfounded report" means any report made under this Act
4for which it is determined after an investigation that no
5credible evidence of abuse or neglect exists.
6    "An indicated report" means a report made under this Act
7if an investigation determines that credible evidence of the
8alleged abuse or neglect exists.
9    "An undetermined report" means any report made under this
10Act in which it was not possible to initiate or complete an
11investigation on the basis of information provided to the
13    "Subject of report" means any child reported to the
14central register of child abuse and neglect established under
15Section 7.7 of this Act as an alleged victim of child abuse or
16neglect and the parent or guardian of the alleged victim or
17other person responsible for the alleged victim's welfare who
18is named in the report or added to the report as an alleged
19perpetrator of child abuse or neglect.
20    "Perpetrator" means a person who, as a result of
21investigation, has been determined by the Department to have
22caused child abuse or neglect.
23    "Member of the clergy" means a clergyman or practitioner
24of any religious denomination accredited by the religious body
25to which he or she belongs.
26(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;



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1102-813, eff. 5-13-22.)
2    Section 30. The Medical Patient Rights Act is amended by
3changing Section 3.4 and by adding Section 3.5 as follows:
4    (410 ILCS 50/3.4)
5    Sec. 3.4. Rights of women; pregnancy and childbirth.
6    (a) In addition to any other right provided under this
7Act, every woman has the following rights with regard to
8pregnancy and childbirth:
9        (1) The right to receive health care before, during,
10    and after pregnancy and childbirth.
11        (2) The right to receive care for her and her infant
12    that is consistent with WHO recommendations on newborn
13    health: guidelines approved by the WHO Guidelines Review
14    Committee (WHO reference number WHO/MCA/17.07) and WHO
15    recommendations on maternal health: guidelines approved by
16    the WHO Guidelines Review Committee (WHO reference number
17    WHO/MCA/17.10) or the successors to those WHO
18    recommendations generally accepted medical standards.
19        (3) The right to choose a certified nurse midwife,
20    licensed certified professional midwife, or physician as
21    her maternity care professional.
22        (4) The right to choose her birth setting from the
23    full range of birthing options available in her community.
24        (5) The right to leave her maternity care provider



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1    professional and select another if she becomes
2    dissatisfied with her care, except as otherwise provided
3    by law.
4        (6) The right to receive information about the names
5    of those health care professionals involved in her care.
6        (7) The right to privacy and confidentiality of
7    records, except as provided by law.
8        (8) The right to receive information concerning her
9    condition and proposed treatment, including methods of
10    relieving pain.
11        (9) The right to accept or refuse any treatment, to
12    the extent medically possible.
13        (10) The right to be informed if her caregivers wish
14    to enroll her or her infant in a research study in
15    accordance with Section 3.1 of this Act.
16        (11) The right to access her medical records in
17    accordance with Section 8-2001 of the Code of Civil
18    Procedure.
19        (12) The right to receive information in a language in
20    which she can communicate in accordance with federal law.
21        (13) The right to receive emotional and physical
22    support during labor and birth.
23        (14) The right to freedom of movement during labor and
24    to give birth in the position of her choice, within
25    generally accepted medical standards.
26        (15) The right to contact with her newborn, except



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1    where necessary care must be provided to the mother or
2    infant.
3        (16) The right to receive information about
4    breastfeeding.
5        (17) The right to decide collaboratively with
6    caregivers when she and her newborn baby will leave the
7    birth site for home, based on their conditions and
8    circumstances.
9        (18) The right to be treated with respect at all times
10    before, during, and after pregnancy by her and her
11    newborn's health care professionals.
12        (19) The right of each patient, regardless of source
13    of payment, to examine and receive a reasonable
14    explanation of her total bill for services rendered by her
15    maternity care professional or health care provider,
16    including itemized charges for specific services received.
17    Each maternity care professional or health care provider
18    shall be responsible only for a reasonable explanation of
19    those specific services provided by the maternity care
20    professional or health care provider.
21    (b) The Department of Public Health, Department of
22Healthcare and Family Services, Department of Children and
23Family Services, and Department of Human Services shall post,
24either by physical or electronic means, information about
25these rights on their publicly available websites. Every
26health care provider, day care center licensed under the Child



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1Care Act of 1969, Head Start, and community center shall post
2information about these rights in a prominent place and on
3their websites, if applicable.
4    (c) The Department of Public Health shall adopt rules to
5implement this Section.
6    (d) Nothing in this Section or any rules adopted under
7subsection (c) shall be construed to require a physician,
8health care professional, hospital, hospital affiliate, or
9health care provider to provide care inconsistent with
10generally accepted medical standards or available capabilities
11or resources.
12(Source: P.A. 101-445, eff. 1-1-20; 102-4, eff. 4-27-21.)
13    (410 ILCS 50/3.5 new)
14    Sec. 3.5. Disclosure of medical information.
15    (a) Notwithstanding any other provision of law, and except
16as otherwise provided under this subsection, a patient has the
17right for a physician, health care provider, health services
18corporation, or insurance company to administer any of the
19following medical tests without disclosing the results of the
20test to a law enforcement agency or to the Department of
21Children and Family Services:
22        (1) A verbal screening or questioning concerning drug
23    or alcohol use.
24        (2) A urine test.
25        (3) A blood test administered to a pregnant or



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1    postpartum patient or the newborn of a pregnant or
2    postpartum patient.
3    A physician, health care provider, health services
4corporation, or insurance company who administers a medical
5test described under paragraph (1), (2), or (3) may disclose
6the results of the test to a law enforcement agency or to the
7Department of Children and Family Services if (i) the pregnant
8or postpartum patient has provided specific written consent to
9the disclosure of the results of the blood test or (ii) a law
10enforcement agency has successfully obtained and furnished a
11search warrant issued under Section 108-3 of the Code of
12Criminal Procedure of 1963.
13    (b) It is unlawful for any health care provider to
14disclose any private information regarding a patient's
15reproductive health care to any out-of-state law enforcement
16person or entity unless:
17        (1) the patient has provided specific written consent
18    to disclosure of the information; or
19        (2) disclosure of the information has been authorized
20    pursuant to a State or federal court order.
21    (c) The rights described under this Section are granted to
22any person who is capable of becoming pregnant and who seeks
23reproductive health care within the borders of Illinois.
24    (d) Any person who knowingly and willfully violates any
25provision of this Section is guilty of a Class A misdemeanor
26for a first violation and a Class 4 felony for a second or



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1subsequent violation.
2    (e) In this Section, "reproductive health care" has the
3same meaning as provided in Section 1-10 of the Reproductive
4Health Act.
5    Section 35. The Vital Records Act is amended by changing
6Section 20.5 as follows:
7    (410 ILCS 535/20.5)
8    Sec. 20.5. Certificate of stillbirth.
9    (a) The State Registrar shall prescribe and distribute a
10form for a certificate of stillbirth. The certificate shall be
11in the same format as a certificate of live birth prepared
12under Section 12 and shall be filed in the same manner as a
13certificate of live birth.
14    (b) After each fetal death that occurs in this State after
15a gestation period of at least 20 26 completed weeks, the
16person who files a fetal death certificate in connection with
17that death as required under Section 20 shall, only upon
18request by the parent woman who delivered the stillborn fetus,
19also prepare a certificate of stillbirth. The person shall
20prepare the certificate on the form prescribed and furnished
21by the State Registrar and in accordance with the rules
22adopted by the State Registrar.
23    (c) If the stillborn's parent or parents do not wish to
24provide a name for the stillborn, the person who prepares the



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1certificate of stillbirth shall leave blank any references to
2the stillborn's name.
3    (d) When a stillbirth occurs in this State and the
4stillbirth has not been registered within one year after the
5delivery, a certificate marked "delayed" may be filed and
6registered in accordance with regulations adopted by the State
7Registrar. The certificate must show on its face the date of
9    (e) In the case of a fetal death that occurred in this
10State after a gestation period of at least 26 completed weeks
11and before August 21, 2003 (the effective date of Public Act
1293-578) this amendatory Act of the 93rd General Assembly, a
13parent of the stillborn child may request that the person who
14filed a fetal death certificate in connection with that death
15as required under Section 20 shall also prepare a certificate
16of stillbirth with respect to the fetus. If a parent of a
17stillborn makes such a request under this subsection (e), the
18person who filed a fetal death certificate shall prepare the
19certificate of stillbirth and file it with the designated
20registrar within 30 days after the request by the parent.
21(Source: P.A. 93-578, eff. 8-21-03.)
22    Section 95. No acceleration or delay. Where this Act makes
23changes in a statute that is represented in this Act by text
24that is not yet or no longer in effect (for example, a Section
25represented by multiple versions), the use of that text does



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1not accelerate or delay the taking effect of (i) the changes
2made by this Act or (ii) provisions derived from any other
3Public Act.



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2 Statutes amended in order of appearance
3    20 ILCS 2310/2310-438 new
4    110 ILCS 932/10
5    210 ILCS 170/5
6    225 ILCS 64/85
7    325 ILCS 5/3from Ch. 23, par. 2053
8    410 ILCS 50/3.4
9    410 ILCS 50/3.5 new
10    410 ILCS 535/20.5