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| 1 | | AN ACT concerning health.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Medical Patient Rights Act is amended by |
| 5 | | adding Section 3.4 as follows: |
| 6 | | (410 ILCS 50/3.4 new) |
| 7 | | Sec. 3.4. Rights of women; pregnancy and childbirth. |
| 8 | | (a) In addition to any other right provided under this Act, |
| 9 | | every woman has the following rights with regard to pregnancy |
| 10 | | and childbirth: |
| 11 | | (1) The right to receive health care before, during, |
| 12 | | and after pregnancy and childbirth. |
| 13 | | (2) The right to receive care for her and her infant |
| 14 | | that is consistent with current scientific evidence about |
| 15 | | benefits and risks. |
| 16 | | (3) The right to choose a midwife or a physician as her |
| 17 | | maternity care provider. |
| 18 | | (4) The right to choose her birth setting from the full |
| 19 | | range of safe options available in her community on the |
| 20 | | basis of complete, objective information about the |
| 21 | | benefits, risks, and costs of those options. |
| 22 | | (5) The right to leave her maternity caregiver and |
| 23 | | select another if she becomes dissatisfied with her care. |
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| 1 | | (6) The right to receive information about the |
| 2 | | professional identity and qualifications of those involved |
| 3 | | with her care and to know when those involved are trainees. |
| 4 | | (7) The right to communicate with caregivers and |
| 5 | | receive all care in privacy, which may involve excluding |
| 6 | | nonessential personnel, and to have all personal |
| 7 | | information treated according to standards of |
| 8 | | confidentiality. |
| 9 | | (8) The right to receive maternity care that identifies |
| 10 | | and addresses social and behavioral factors that affect her |
| 11 | | health and that of her baby. |
| 12 | | (9) The right to full and clear information about |
| 13 | | benefits, risks, and costs of the procedures, drugs, tests, |
| 14 | | and treatments offered to her and of all other reasonable |
| 15 | | options, including no intervention. |
| 16 | | (10) The right to accept or refuse procedures, drugs, |
| 17 | | tests, and treatments, to have her choices honored, and to |
| 18 | | change her decision about accepting or refusing those |
| 19 | | procedures, drugs, tests, or treatment. |
| 20 | | (11) The right to be informed if her caregivers wish to |
| 21 | | enroll her or her infant in a research study, to receive |
| 22 | | full information about all known and possible benefits and |
| 23 | | risks of participation, and to decide whether to |
| 24 | | participate, free from coercion and without negative |
| 25 | | consequences. |
| 26 | | (12) The right to unrestricted access to all available |
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| 1 | | records about her pregnancy, labor, birth, postpartum |
| 2 | | care, and infant; to obtain a full copy of these records; |
| 3 | | and to receive help in understanding them, if necessary. |
| 4 | | (13) The right to receive maternity care that is |
| 5 | | appropriate to her cultural and religious background and to |
| 6 | | receive information in a language in which she can |
| 7 | | communicate. |
| 8 | | (14) The right to have family members and friends of |
| 9 | | her choice present during all aspects of her maternity |
| 10 | | care. |
| 11 | | (15) The right to receive continuous social, |
| 12 | | emotional, and physical support during labor and birth from |
| 13 | | a caregiver who has been trained in labor support. |
| 14 | | (16) the right to receive full advance information |
| 15 | | about risks and benefits of all reasonably available |
| 16 | | methods for relieving pain during labor and birth, |
| 17 | | including methods that do not require the use of drugs; to |
| 18 | | choose which methods will be used; and to change her |
| 19 | | decision about using those methods at any time. |
| 20 | | (17) The right to freedom of movement during labor, |
| 21 | | unencumbered by tubes, wires, or other apparatuses and to |
| 22 | | give birth in the position of her choice. |
| 23 | | (18) The right to virtually uninterrupted contact with |
| 24 | | her newborn from the moment of birth if she and her baby |
| 25 | | are healthy and do not need care that requires separation. |
| 26 | | (19) The right to receive complete information about |
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| 1 | | the benefits of breastfeeding well in advance of labor, to |
| 2 | | refuse supplemental bottles and other actions that |
| 3 | | interfere with breastfeeding, and to have access to skilled |
| 4 | | lactation support for as long as she chooses to breastfeed. |
| 5 | | (20) The right to decide collaboratively with |
| 6 | | caregivers when she and her baby will leave the birth site |
| 7 | | for home, based on their conditions and circumstances. |
| 8 | | (21) The right to be treated with respect at all times |
| 9 | | before, during, and after pregnancy by her health care |
| 10 | | professionals and to have a health care professional that |
| 11 | | is culturally competent and treats her appropriately |
| 12 | | regardless of her ethnicity, sexual orientation, or |
| 13 | | religious background. |
| 14 | | (b) The Department of Public Health, Department of |
| 15 | | Healthcare and Family Services, Department of Children and |
| 16 | | Family Services, and Department of Human Services shall post |
| 17 | | information about these rights on their publicly available |
| 18 | | websites. Every health care provider, day care center licensed |
| 19 | | under the Child Care Act of 1969, Head Start, and community |
| 20 | | center shall post information about these rights in a prominent |
| 21 | | place and on their websites, if applicable. |
| 22 | | (c) The Department of Public Health shall adopt rules to |
| 23 | | implement this Section.
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| 24 | | Section 99. Effective date. This Act takes effect upon |
| 25 | | becoming law.
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