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90_SB0236eng
410 ILCS 50/3.1 from Ch. 111 1/2, par. 5403.1
Amends the Medical Patient Rights Act. Provides that,
notwithstanding requirements that an explanation be given and
informed consent be obtained before research is conducted on
a patient or an experimental procedure is performed on a
patient, research programs and experimental procedures for
patients subject to a life-threatening emergency may be
conducted in accordance with specified federal regulations.
Effective immediately.
LRB9001640WHmg
SB236 Engrossed LRB9001640WHmg
1 AN ACT to amend the Medical Patient Rights Act by
2 changing Section 3.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Medical Patient Rights Act is amended by
6 changing Section 3.1 as follows:
7 (410 ILCS 50/3.1) (from Ch. 111 1/2, par. 5403.1)
8 Sec. 3.1. (a) Any patient who is the subject of a
9 research program or an experimental procedure, as defined
10 under the rules and regulations of the Hospital Licensing
11 Act, shall have, at a minimum, the right to receive an
12 explanation of the nature and possible consequences of such
13 research or experiment before the research or experiment is
14 conducted, and to consent to or reject it.
15 (b) No physician may conduct any research program or
16 experimental procedure on a patient without the prior
17 informed consent of the patient or, if the patient is unable
18 to consent, the patient's guardian, spouse, parent, or
19 authorized agent.
20 (c) This Section shall not apply to any research program
21 or medical experimental procedure for patients subject to a
22 life-threatening emergency that is conducted in accordance
23 with Part 50 of Title 21 of, and Part 46 of Title 45 of, the
24 Code of Federal Regulations.
25 (Source: P.A. 86-1355.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.