102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4737

 

Introduced 1/27/2022, by Rep. Deanne M. Mazzochi

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 50/3.1  from Ch. 111 1/2, par. 5403.1
705 ILCS 405/2-11  from Ch. 37, par. 802-11

    Amends the Medical Patient Rights Act and the Juvenile Court Act of 1987. Provides that the Department of Children and Family Services may not consent to a minor participating in a clinical trial when the minor is a youth in care or in shelter care, unless the minor is actively experiencing symptoms of a disease which the clinical trial seeks to treat and in the opinion of a supervising treating physician, the treatment is in the best interest of the child, because the child has an unmet medical need for which no other treatment is available. Defines "youth in care" as a person placed in the temporary custody or guardianship of the Department of Children and Family Services under the Juvenile Court Act of 1987.


LRB102 21370 RLC 34714 b

 

 

A BILL FOR

 

HB4737LRB102 21370 RLC 34714 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Medical Patient Rights Act is amended by
5changing Section 3.1 as follows:
 
6    (410 ILCS 50/3.1)  (from Ch. 111 1/2, par. 5403.1)
7    Sec. 3.1. (a) Any patient who is the subject of a research
8program or an experimental procedure, as defined under the
9rules and regulations of the Hospital Licensing Act, shall
10have, at a minimum, the right to receive an explanation of the
11nature and possible consequences of such research or
12experiment before the research or experiment is conducted, and
13to consent to or reject it.
14    (b) No physician may conduct any research program or
15experimental procedure on a patient without the prior informed
16consent of the patient or, if the patient is unable to consent,
17the patient's guardian, spouse, parent, or authorized agent.
18    (b-5) The Department of Children and Family Services may
19not consent to a minor participating in a clinical trial when
20the minor is a youth in care or in shelter care, unless the
21minor is actively experiencing symptoms of a disease which the
22clinical trial seeks to treat and in the opinion of a
23supervising treating physician, the treatment is in the best

 

 

HB4737- 2 -LRB102 21370 RLC 34714 b

1interest of the child, because the child has an unmet medical
2need for which no other treatment is available. As used in this
3subsection, "youth in care" means a person placed in the
4temporary custody or guardianship of the Department of
5Children and Family Services under the Juvenile Court Act of
61987.
7    (c) This Section shall not apply to any research program
8or medical experimental procedure for patients subject to a
9life-threatening emergency that is conducted in accordance
10with Part 50 of Title 21 of, and Part 46 of Title 45 of, the
11Code of Federal Regulations.
12(Source: P.A. 90-36, eff. 6-27-97.)
 
13    Section 10. The Juvenile Court Act of 1987 is amended by
14changing Section 2-11 as follows:
 
15    (705 ILCS 405/2-11)  (from Ch. 37, par. 802-11)
16    Sec. 2-11. Medical and dental treatment and care. At all
17times during temporary custody or shelter care, the court may
18authorize a physician, a hospital or any other appropriate
19health care provider to provide medical, dental or surgical
20procedures if such procedures are necessary to safeguard the
21minor's life or health.
22    With respect to any minor for whom the Department of
23Children and Family Services Guardianship Administrator is
24appointed the temporary custodian, the Guardianship

 

 

HB4737- 3 -LRB102 21370 RLC 34714 b

1Administrator or his designee shall be deemed the minor's
2legally authorized representative for purposes of consenting
3to an HIV test and obtaining and disclosing information
4concerning such test pursuant to the AIDS Confidentiality Act
5and for purposes of consenting to the release of information
6pursuant to the Illinois Sexually Transmissible Disease
7Control Act.
8    Any person who administers an HIV test upon the consent of
9the Department of Children and Family Services Guardianship
10Administrator or his designee, or who discloses the results of
11such tests to the Department's Guardianship Administrator or
12his designee, shall have immunity from any liability, civil,
13criminal or otherwise, that might result by reason of such
14actions. For the purpose of any proceedings, civil or
15criminal, the good faith of any persons required to administer
16or disclose the results of tests, or permitted to take such
17actions, shall be presumed.
18    The Department of Children and Family Services may not
19consent to a minor participating in a clinical trial when the
20minor is a youth in care or in shelter care, unless the minor
21is actively experiencing symptoms of a disease which the
22clinical trial seeks to treat and in the opinion of a
23supervising treating physician, the treatment is in the best
24interest of the child, because the child has an unmet medical
25need for which no other treatment is available. As used in this
26Section, "youth in care" means a person placed in the

 

 

HB4737- 4 -LRB102 21370 RLC 34714 b

1temporary custody or guardianship of the Department of
2Children and Family Services under this Act.
3(Source: P.A. 86-904.)