Public Act 90-0036 of the 90th General Assembly

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Public Act 90-0036

SB236 Enrolled                                 LRB9001640WHmg

    AN ACT  to  amend  the  Medical  Patient  Rights  Act  by
changing Section 3.1.

    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.
    (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. 86-1355.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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