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90_SB0160
745 ILCS 70/1 from Ch. 111 1/2, par. 5301
745 ILCS 70/2 from Ch. 111 1/2, par. 5302
745 ILCS 70/3 from Ch. 111 1/2, par. 5303
745 ILCS 70/4 from Ch. 111 1/2, par. 5304
745 ILCS 70/5 from Ch. 111 1/2, par. 5305
745 ILCS 70/6 from Ch. 111 1/2, par. 5306
745 ILCS 70/7 from Ch. 111 1/2, par. 5307
745 ILCS 70/8 from Ch. 111 1/2, par. 5308
745 ILCS 70/9 from Ch. 111 1/2, par. 5309
745 ILCS 70/10 from Ch. 111 1/2, par. 5310
745 ILCS 70/11 from Ch. 111 1/2, par. 5311
745 ILCS 70/11.2 new
745 ILCS 70/11.3 new
745 ILCS 70/11.4 new
745 ILCS 70/12 from Ch. 111 1/2, par. 5312
745 ILCS 70/13 from Ch. 111 1/2, par. 5313
745 ILCS 70/14 from Ch. 111 1/2, par. 5314
Amends the Right of Conscience Act. Changes the short
title of the Act to the Health Care Right of Conscience Act.
Changes defined terms "medical care", "medical personnel",
and "medical facility" to "health care", "health care
personnel", and "health care facility", respectively and
makes other changes in definitions, including changes in
definition of "physician". Adds definition of "health care
payer"; provides that a health care payer is not civilly or
criminally liable by reason of a refusal to pay or arrange
for payment of any particular form of health care services
that violate the payer's conscience as documented in its
ethical guidelines or other governing documents. Prohibits
discrimination against a health care payer in matters of
licensing and other privileges and prohibits denial of grants
or benefits to a health care payer for similar reasons.
Makes other changes.
LRB9001282DJcd
LRB9001282DJcd
1 AN ACT to amend the Right of Conscience Act by changing
2 and adding certain Sections.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Right of Conscience Act is amended by
6 changing Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
7 and 14 and adding Sections 11.2, 11.3, and 11.4 as follows:
8 (745 ILCS 70/1) (from Ch. 111 1/2, par. 5301)
9 Sec. 1. Short title. This Act shall be known and may be
10 cited as the Health Care "Right of Conscience Act".
11 (Source: P.A. 80-616.)
12 (745 ILCS 70/2) (from Ch. 111 1/2, par. 5302)
13 Sec. 2. Findings and policy. The General Assembly finds
14 and declares that people and organizations hold different
15 beliefs about whether certain health care services are
16 morally acceptable. It is the public policy of the State of
17 Illinois to respect and protect the right of conscience of
18 all persons who refuse to obtain, receive or accept, or who
19 are engaged in, the delivery of, arrangement for, or payment
20 of health care medical services and medical care whether
21 acting individually, corporately, or in association with
22 other persons; and to prohibit all forms of discrimination,
23 disqualification, coercion, disability or imposition of
24 liability upon such persons or entities by reason of their
25 refusing to act contrary to their conscience or conscientious
26 convictions in refusing to obtain, receive, accept, or
27 deliver, pay for, or arrange for the payment of health care
28 medical services and medical care.
29 (Source: P.A. 80-616.)
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1 (745 ILCS 70/3) (from Ch. 111 1/2, par. 5303)
2 Sec. 3. Definitions. As used in this Act, unless the
3 context clearly otherwise requires:
4 (a) "Health Medical care" means any phase of patient
5 care, including but not limited to, testing; diagnosis;
6 prognosis; ancillary research; instructions; family planning,
7 counselling, referrals, or any other advice in connection
8 with the use or procurement of contraceptives and
9 sterilization or abortion procedures; medication; or surgery
10 or other care or treatment rendered by a physician or
11 physicians, nurses, paraprofessionals or health care medical
12 facility, intended for the physical, emotional, and mental
13 well-being of persons;
14 (b) "Physician" means any person who is entitled to
15 provide medical services or medical care or is licensed by
16 the State of Illinois under the Medical Practice Act of 1987
17 to practice medicine in all its branches, whether as intern,
18 resident, medical trainee, or fully licensed practitioner of
19 medicine;
20 (c) "Health care Medical personnel" means any nurse,
21 nurses' aide aid, medical school student, pharmacist,
22 professional, paraprofessional or any other person who
23 furnishes, or assists in the furnishing of, health care
24 medical care services;
25 (d) "Health care Medical facility" means any public or
26 private hospital, clinic, center, medical school, medical
27 training institution, laboratory or diagnostic health care
28 facility, physician's office, infirmary, dispensary,
29 ambulatory surgical treatment center or other institution or
30 location wherein health care services are medical care is
31 provided to any person, including physician organizations and
32 associations, networks, joint ventures, and all other
33 combinations of those organizations; and
34 (e) "Conscience" means a sincerely held set of moral
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1 convictions arising from belief in and relation to God, or
2 which, though not so derived, arises obtains from a place in
3 the life of its possessor parallel to that filled by God
4 among adherents to religious faiths; and.
5 (f) "Health care payer" means a health maintenance
6 organization, insurance company, management services
7 organization, or any other entity that pays for or arranges
8 for the payment of any health care or medical care service,
9 procedure, or product.
10 The above definitions include not only the traditional
11 combinations and forms of these persons and organizations but
12 also all new and emerging forms and combinations of these
13 persons and organizations.
14 (Source: P.A. 80-616.)
15 (745 ILCS 70/4) (from Ch. 111 1/2, par. 5304)
16 Sec. 4. Liability. No physician or health care medical
17 personnel shall be civilly or criminally liable to any
18 person, estate, public or private entity or public official
19 by reason of his or her refusal to perform, assist, counsel,
20 suggest, recommend, refer or participate in any way in any
21 particular form of health medical care service which is
22 contrary to the conscience of such physician or health care
23 medical personnel.
24 (Source: P.A. 80-616.)
25 (745 ILCS 70/5) (from Ch. 111 1/2, par. 5305)
26 Sec. 5. Discrimination. It shall be unlawful for any
27 person, public or private institution, or public official to
28 discriminate against any person in any manner, including but
29 not limited to, licensing, hiring, promotion, transfer, staff
30 appointment, hospital, managed care entity, or any other
31 privileges, because of such person's conscientious refusal to
32 receive, obtain, accept, perform, assist, counsel, suggest,
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1 recommend, refer or participate in any way in any particular
2 form of health care services medical care contrary to his or
3 her conscience.
4 (Source: P.A. 80-616.)
5 (745 ILCS 70/6) (from Ch. 111 1/2, par. 5306)
6 Sec. 6. Duty of physicians and other health care
7 personnel. Nothing in this Act shall relieve a physician
8 from any duty, which may exist under any laws concerning
9 current standards, of normal medical practices and
10 procedures, to inform his or her patient of the patient's
11 condition, prognosis and risks, provided, however, that such
12 physician shall be under no duty to perform, assist, counsel,
13 suggest, recommend, refer or participate in any way in any
14 form of medical practice or health medical care service that
15 is contrary to his or her conscience.
16 Nothing in this Act shall be construed so as to relieve a
17 physician or other health care medical personnel from
18 obligations under the law of providing emergency medical
19 care.
20 (Source: P.A. 80-616.)
21 (745 ILCS 70/7) (from Ch. 111 1/2, par. 5307)
22 Sec. 7. Discrimination by employers or institutions. It
23 shall be unlawful for any public or private employer, entity,
24 agency, institution, official or person, including but not
25 limited to, a medical, nursing or other medical training
26 institution, to deny admission because of, to place any
27 reference in its application form concerning, to orally
28 question about, to impose any burdens in terms or conditions
29 of employment on, or to otherwise discriminate against, any
30 applicant, in terms of employment, admission to or
31 participation in any programs for which the applicant is
32 eligible, or to discriminate in relation thereto, in any
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1 other manner, on account of the applicant's refusal to
2 receive, obtain, accept, perform, counsel, suggest,
3 recommend, refer, assist or participate in any way in any
4 forms of health medical care services contrary to his or her
5 conscience.
6 (Source: P.A. 80-616.)
7 (745 ILCS 70/8) (from Ch. 111 1/2, par. 5308)
8 Sec. 8. Denial of aid or benefits. It shall be unlawful
9 for any public official, guardian, agency, institution or
10 entity to deny any form of aid, assistance or benefits, or to
11 condition the reception in any way of any form of aid,
12 assistance or benefits, or in any other manner to coerce,
13 disqualify or discriminate against any person, otherwise
14 entitled to such aid, assistance or benefits, because that
15 person refuses to obtain, receive, accept, perform, assist,
16 counsel, suggest, recommend, refer or participate in any way
17 in any form of health medical care services contrary to his
18 or her conscience.
19 (Source: P.A. 80-616.)
20 (745 ILCS 70/9) (from Ch. 111 1/2, par. 5309)
21 Sec. 9. Liability. No person, association, or
22 corporation, which owns, operates, supervises, or manages a
23 health care medical facility shall be civilly or criminally
24 liable to any person, estate, or public or private entity by
25 reason of refusal of the health care such medical facility to
26 permit or provide any particular form of health medical care
27 service which violates the facility's conscience as
28 documented in its ethical guidelines, mission statement,
29 constitution, by-laws, articles of incorporation, or
30 regulations, or other governing documents.
31 Nothing in this act shall be construed so as to relieve a
32 physician or other health care medical personnel from
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1 obligations under the law of providing emergency medical
2 care.
3 (Source: P.A. 80-616.)
4 (745 ILCS 70/10) (from Ch. 111 1/2, par. 5310)
5 Sec. 10. Discrimination against facility. It shall be
6 unlawful for any person, public or private institution or
7 public official to discriminate against any person,
8 association or corporation attempting to establish a new
9 health care medical facility or operating an existing health
10 care medical facility, in any manner, including but not
11 limited to, denial, deprivation or disqualification in
12 licensing, granting of authorizations, aids, assistance,
13 benefits, medical staff or any other privileges, and granting
14 authorization to expand, improve, or create any health care
15 medical facility, by reason of the refusal of such person,
16 association or corporation planning, proposing or operating a
17 health care medical facility, to permit or perform any
18 particular form of health medical care service which violates
19 health care facility's conscience as documented in its
20 existing or proposed ethical guidelines, mission statement,
21 constitution, by-laws, articles of incorporation, or
22 regulations, or other governing documents.
23 (Source: P.A. 80-616.)
24 (745 ILCS 70/11) (from Ch. 111 1/2, par. 5311)
25 Sec. 11. Denial of aid or benefit to a facility. It
26 shall be unlawful for any public official, agency,
27 institution or entity to deny any form of aid, assistance,
28 grants or benefits; or in any other manner to coerce,
29 disqualify or discriminate against any person, association or
30 corporation attempting to establish a new health care medical
31 facility or operating an existing health care medical
32 facility which otherwise would be entitled to the aid,
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1 assistance, grant or benefit because the existing or proposed
2 health care medical facility refuses to perform, assist,
3 counsel, suggest, recommend, refer or participate in any way
4 in any form of health medical care services contrary to the
5 health care facility's conscience as documented in its
6 existing or proposed ethical guidelines, mission statement,
7 constitution, by-laws, articles of incorporation, or
8 regulations, or other governing documents.
9 (Source: P.A. 80-616.)
10 (745 ILCS 70/11.2 new)
11 Sec. 11.2. Liability of health care payer. No health
12 care payer and no person, association, or corporation that
13 owns, operates, supervises, or manages a health care payer
14 shall be civilly or criminally liable to any person, estate,
15 or public or private entity by reason of refusal of the
16 health care payer to pay for or arrange for the payment of
17 any particular form of health care services that violate the
18 health care payer's conscience as documented in its ethical
19 guidelines, mission statement, constitution, by-laws,
20 articles of incorporation, regulations, or other governing
21 documents.
22 (745 ILCS 70/11.3 new)
23 Sec. 11.3. Discrimination against health care payer in
24 licensing. It shall be unlawful for any person, public or
25 private institution, or public official to discriminate
26 against any person, association, or corporation (i)
27 attempting to establish a new health care payer or (ii)
28 operating an existing health care payer, in any manner,
29 including but not limited to, denial, deprivation, or
30 disqualification in licensing; granting of authorizations,
31 aids, assistance, benefits, or any other privileges; and
32 granting authorization to expand, improve, or create any
-8- LRB9001282DJcd
1 health care payer, because the person, association, or
2 corporation planning, proposing, or operating a health care
3 payer refuses to pay for or arrange for the payment of any
4 particular form of health care services that violates the
5 health care payer's conscience as documented in the existing
6 or proposed ethical guidelines, mission statement,
7 constitution, by-laws, articles of incorporation, regulations
8 or other governing documents.
9 (745 ILCS 70/11.4 new)
10 Sec. 11.4. Denial of aid or benefits to health care
11 payer for refusal to participate in certain health care. It
12 shall be unlawful for any public official, agency,
13 institution, or entity to deny any form of aid, assistance,
14 grants, or benefits; or in any other manner to coerce,
15 disqualify, or discriminate against any person, association,
16 or corporation attempting to establish a new health care
17 payer or operating an existing health care payer that
18 otherwise would be entitled to the aid, assistance, grant, or
19 benefit because the existing or proposed health care payer
20 refuses to pay for, arrange for the payment of, or
21 participate in any way in any form of health care services
22 contrary to the health care payer's conscience as documented
23 in its existing or proposed ethical guidelines, mission
24 statement, constitution, by-laws, articles of incorporation,
25 regulations, or other governing documents.
26 (745 ILCS 70/12) (from Ch. 111 1/2, par. 5312)
27 Sec. 12. Actions; damages. Any person, association,
28 corporation, entity or health care medical facility injured
29 by any public or private person, association, agency, entity
30 or corporation by reason of any action prohibited by this
31 Act, as now or hereafter amended, may commence a suit
32 therefor, and shall recover threefold the actual damages,
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1 including pain and suffering, sustained by such person,
2 association, corporation, entity or health care medical
3 facility, the costs of the suit and reasonable attorney's
4 fees; but in no case shall recovery be less than $2,500 for
5 each violation in addition to costs of the suit and
6 reasonable attorney's fees. These damage remedies shall be
7 cumulative, and not exclusive of other remedies afforded
8 under any other state or federal law.
9 (Source: P.A. 80-616.)
10 (745 ILCS 70/13) (from Ch. 111 1/2, par. 5313)
11 Sec. 13. Liability for refusal to provide certain health
12 care. Nothing in this Act shall be construed as excusing any
13 person, public or private institution, or public official
14 from liability for refusal to permit or provide a particular
15 form of health medical care service if:
16 (a) the person, public or private institution or public
17 official has entered into a contract specifically to provide
18 that particular form of health medical care service; or
19 (b) the person, public or private institution or public
20 official has accepted federal or state funds for the sole
21 purpose of, and specifically conditioned upon, permitting or
22 providing that particular form of health medical care
23 service.
24 (Source: P.A. 80-616.)
25 (745 ILCS 70/14) (from Ch. 111 1/2, par. 5314)
26 Sec. 14. Supersedes other Acts. This Act shall
27 supersede all other Acts or parts of Acts to the extent that
28 any such prior Acts or parts of Acts are inconsistent with
29 the terms or operation of this Act.
30 (Source: P.A. 80-616.)