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90_HB0629ham001
LRB9001682DJpkam
1 AMENDMENT TO HOUSE BILL 629
2 AMENDMENT NO. . Amend House Bill 629 by replacing
3 the title with the following:
4 "AN ACT concerning medical care, amending named Acts.";
5 and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Abortion Law of 1975 is amended
9 by changing Section 13 as follows:
10 (720 ILCS 510/13) (from Ch. 38, par. 81-33)
11 Sec. 13. No physician, hospital, ambulatory surgical
12 center, nor employee thereof, shall be required against his
13 or its conscience declared in writing to perform, permit or
14 participate in any abortion, and the failure or refusal to do
15 so shall not be the basis for any civil, criminal,
16 administrative or disciplinary action, proceeding, penalty or
17 punishment. If a physician, hospital, or ambulatory surgical
18 center, or an employee of any of those, declines under this
19 Section to perform, permit, or participate in any abortion
20 because it is against the conscience of the physician,
21 hospital, ambulatory surgical center, or employee, then the
-2- LRB9001682DJpkam
1 physician, hospital, ambulatory surgical center, or employee
2 shall provide a written disclosure to each patient and
3 prospective patient of the physician, hospital, or ambulatory
4 surgical center before providing any medical service to the
5 patient or prospective patient. The disclosure shall list
6 every medical service that the physician, hospital,
7 ambulatory surgical center, or employee declines to perform,
8 permit, or participate in under this Section. If any request
9 for an abortion is denied, the patient shall be promptly
10 notified.
11 (Source: P.A. 81-1078.)
12 Section 10. The Right of Conscience Act is amended by
13 changing Sections 4 and 9 as follows:
14 (745 ILCS 70/4) (from Ch. 111 1/2, par. 5304)
15 Sec. 4. No physician or medical personnel shall be
16 civilly or criminally liable to any person, estate, public or
17 private entity or public official by reason of his or her
18 refusal to perform, assist, counsel, suggest, recommend,
19 refer or participate in any way in any particular form of
20 medical care which is contrary to the conscience of such
21 physician or medical personnel. If a physician or medical
22 personnel decline under this Section to perform, assist,
23 counsel, suggest, recommend, refer, or participate in any way
24 in any particular form of medical care because it is contrary
25 to the conscience of the physician or other person, then the
26 physician or other person shall provide a written disclosure
27 to each patient and prospective patient of the physician or
28 other person before providing any medical care to the patient
29 or prospective patient. The disclosure shall list every form
30 of medical care that the physician or other person declines
31 to perform, assist, counsel, suggest, recommend, refer, or
32 participate in under this Section.
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1 (Source: P.A. 80-616.)
2 (745 ILCS 70/9) (from Ch. 111 1/2, par. 5309)
3 Sec. 9. No person, association, or corporation, which
4 owns, operates, supervises, or manages a medical facility
5 shall be civilly or criminally liable to any person, estate,
6 or public or private entity by reason of refusal of such
7 medical facility to permit or provide any particular form of
8 medical care which violates its ethical guidelines,
9 constitution, by-laws, articles of incorporation or
10 regulations. If a person, association, or corporation
11 declines under this Section to permit or provide any
12 particular form of medical care because it violates the
13 person's, association's, or corporation's ethical guidelines,
14 constitution, by-laws, articles of incorporation, or
15 regulations, then the person, association, or corporation
16 shall provide a written disclosure to each patient and
17 prospective patient of a medical facility owned, operated,
18 supervised, or managed by the person, association, or
19 corporation before providing any medical care to the patient
20 or prospective patient at the facility. The disclosure shall
21 list every form of medical care that the person, association,
22 or corporation declines to permit or provide under this
23 Section.
24 Nothing in this act shall be construed so as to relieve a
25 physician or other medical personnel from obligations under
26 the law of providing emergency medical care.
27 (Source: P.A. 80-616.)".