102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5787

 

Introduced 11/16/2022, by Rep. Mary E. Flowers - La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Provides that the amendatory Act may be referred to as the Reproductive Liberty and Dignity Act. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to establish reproductive health clinics meeting specified requirements throughout the State. Amends the Equity and Representation in Health Care Act. Provides that a licensed certified professional midwife is a "health care professional". Provides that a reproductive health clinic established at a nonprofit community health center is a "medical facility". Defines "licensed certified professional midwife". Amends the Birth Center Licensing Act. Makes changes to the definition of "birth center". Amends the Licensed Certified Professional Midwife Practice Act. Provides that a licensed certified professional midwife may provide out-of-hospital care to a childbearing individual who has had a previous cesarean section if it is authorized by the Department of Financial and Professional Regulation. Removes language prohibiting a licensed certified professional midwife from (1) performing an abortion or (2) knowingly accepting responsibility for prenatal or intrapartum care of a client with alcoholism or alcohol abuse or drug addiction or abuse. Amends the Abused and Neglected Child Reporting Act. Removes language providing that "neglected child" means, among other things, any child who is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance. Amends the Medical Patient Rights Act. Makes changes to provisions regarding the rights of women with regard to pregnancy and childbirth. Provides that, notwithstanding any other provision of law, unless specified exceptions exist, a patient has the right for a physician, health care provider, health services corporation, or insurance company to administer specified medical tests without disclosing the results of the test to a law enforcement agency or to the Department of Children and Family Services. Establishes penalties for violating the provisions. Amends the Vital Records Act. Makes changes to provisions regarding certificates of stillbirth.


LRB102 28296 CPF 40495 b

 

 

A BILL FOR

 

HB5787LRB102 28296 CPF 40495 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 1. This Act may be referred to as the Reproductive
5Liberty and Dignity Act.
 
6    Section 5. The Department of Public Health Powers and
7Duties Law of the Civil Administrative Code of Illinois is
8amended by adding Section 2310-438 as follows:
 
9    (20 ILCS 2310/2310-438 new)
10    Sec. 2310-438. Reproductive health clinics.
11    (a) The Department shall establish reproductive health
12clinics throughout the State to provide comprehensive access
13to essential reproductive health services. The services
14provided at the reproductive health clinics shall be offered
15at an affordable price and shall include, but not be limited
16to, all of the following:
17        (1) Annual women's health examinations, including
18    Papanicolaou tests and breast examinations.
19        (2) Pregnancy confirmation.
20        (3) Prenatal care, including ultrasound examinations.
21        (4) Labor and delivery.
22        (5) Postpartum care and support.

 

 

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1        (6) Family planning examinations and birth control.
2        (7) Abortion care and post-abortion care.
3        (8) Examinations, care, and prescriptions for sexually
4    transmitted diseases and infections.
5        (9) Doulas and childbirth consultants, with fees set
6    on a sliding scale based on the patient's income.
7        (10) Free childbirth education, breastfeeding support,
8    and parenting support offered on-site.
9    (b) No reproductive health clinic established under this
10Section shall refuse access to services described under
11subsection (a) to a patient seeking such access on the basis of
12his or her immigration status, state or territory of
13residence, insurance status, or any characteristic otherwise
14protected under the Illinois Human Rights Act.
 
15    Section 10. The Equity and Representation in Health Care
16Act is amended by changing Section 10 as follows:
 
17    (110 ILCS 932/10)
18    (This Section may contain text from a Public Act with a
19delayed effective date)
20    Sec. 10. Definitions.
21    "Accredited school" means a college or university in which
22a degree in allopathic medicine, osteopathic medicine,
23dentistry, physical therapy, or an equivalent credential for a
24health program is earned and for which the Council for Higher

 

 

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1Education Accreditation or its affiliates has determined that
2the school meets specific standards for its programs, faculty,
3and curriculum.
4    "Advanced practice registered nurse" or "APRN" means an
5advanced practice registered nurse as defined under Section
650-10 of the Nurse Practice Act.
7    "Allopathic medicine" means the use of pharmacological
8agents or physical interventions to treat or suppress symptoms
9or processes of diseases or conditions.
10    "Applicant" means a health care professional or medical
11facility who applies for loan repayment assistance or
12scholarship funds under this Act.
13    "Approved graduate training" means training in medicine,
14dentistry, or any other health profession that leads to
15eligibility for board certification, provides evidence of
16completion, and is approved by the appropriate health care
17professional's body.
18    "Behavioral health provider" means a provider of a
19commonly recognized discipline in the behavioral health
20industry, including, but not limited to, licensed clinical
21social workers, behavioral health therapists, certified
22marriage and family counselors, licensed social workers, and
23addiction counselors.
24    "Breach of service obligation" means failure for any
25reason to begin or complete a contractual service commitment.
26    "Commercial loan" means a loan made by a bank, credit

 

 

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1union, savings and loan association, insurance company,
2school, or other financial institution.
3    "Community health center" means a migrant health center,
4community health center, health care program for the homeless
5or for residents of public housing supported under Section 330
6of the federal Public Health Service Act, or FQHC, including
7an FQHC Look-Alike, as designated by the U.S. Department of
8Health and Human Services, that operates at least one
9federally designated primary health care delivery site in
10Illinois.
11    "Default" means failure to meet a legal obligation or
12condition of a loan.
13    "Department" means the Department of Public Health.
14    "Dental assistant" means a person who serves as a member
15of a dental care team, working directly with a dentist to
16perform duties that include, but are not limited to, assisting
17with dental procedures, preparing patients for procedures,
18preparing examinations, and sterilizing equipment.
19    "Dentist" means a person licensed to practice dentistry
20under the Illinois Dental Practice Act.
21    "Director" means the Director of Public Health.
22    "Equity and Representation in Health Care Workforce
23Repayment Program" or "Repayment Program" means the Equity and
24Representation in Health Care Workforce Repayment Program
25created under subsection (a) of Section 15.
26    "Equity and Representation in Health Care Workforce

 

 

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1Scholarship Program" or "Scholarship Program" means the Equity
2and Representation in Health Care Workforce Scholarship
3Program created under subsection (b) of Section 15.
4    "Federally Qualified Health Center" or "FQHC" means a
5health center funded under Section 330 of the federal Public
6Health Service Act.
7    "Federally Qualified Health Center Look-Alike" or "FQHC
8Look-Alike" means a health center that meets the requirements
9for receiving a grant under Section 330 of the federal Public
10Health Service Act but does not receive funding under that
11authority.
12    "Government loan" means a loan made by a federal, State,
13county, or city agency authorized to make the loan.
14    "Health care professional" means a physician, physician
15assistant, advanced practice registered nurse, nurse, licensed
16certified professional midwife, chiropractic physician,
17podiatrist, physical therapist, physical therapist assistant,
18occupational therapist, speech therapist, behavioral health
19provider, psychiatrist, psychologist, pharmacist, dentist,
20medical assistant, dental assistant, or dental hygienist.
21    "Health professional shortage area" or "HPSA" means a
22designation from the U.S. Department of Health and Human
23Services that indicates the shortage of primary medical care
24or dental or mental health providers. The designation may be
25geographic, such as a county or service area; demographic,
26such as low-income population; or institutional, such as a

 

 

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1comprehensive health center, FQHC, or other public facility.
2    "Lender" means the commercial or government entity that
3makes a qualifying loan.
4    "Licensed certified professional midwife" means a person
5who meets the requirements under Section 45 of the Licensed
6Certified Professional Midwife Practice Act and holds an
7active license to practice as a certified professional midwife
8in Illinois.
9    "Loan repayment award" or "award" means the amount of
10funding awarded to a recipient based upon his or her
11reasonable educational expenses, up to a maximum established
12by the program.
13    "Loan repayment agreement" or "agreement" means the
14written instrument defining a legal relationship entered into
15between the Department and a recipient.
16    "Medical assistant" means a person who serves as a member
17of a medical care team working directly with other providers
18to perform duties that include, but are not limited to,
19gathering patient information, taking vital signs, preparing
20patients for examinations, and assisting physicians during
21examinations.
22    "Medical facility" means a facility in which the delivery
23of health services is provided. A medical facility must be a
24nonprofit or public facility located in Illinois and includes
25the following:
26        (1) A Federally Qualified Health Center.

 

 

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1        (2) An FQHC Look-Alike.
2        (3) A hospital system operated by a county with more
3    than 3,000,000 residents.
4        (4) A reproductive health clinic established at a
5    nonprofit community health center under Section 2310-438
6    of the Department of Public Health Powers and Duties Law
7    of the Civil Administrative Code of Illinois, if approved
8    by the Department.
9    "Medically underserved area" or "MUA" means an area
10designated by the U.S. Department of Health and Human
11Services' Health Resources and Services Administration as
12having too few primary care providers, high infant mortality,
13high poverty, or a high elderly population.
14    "Nurse" means a person who is licensed as a licensed
15practical nurse or as a registered nurse under the Nurse
16Practice Act.
17    "Osteopathic medicine" means medical practice based upon
18the theory that diseases are due to loss of structural
19integrity, which can be restored by manipulation of the parts
20and supplemented by therapeutic measures.
21    "Physical therapist" means an individual licensed as a
22physical therapist under the Illinois Physical Therapy Act.
23    "Physical therapist assistant" means an individual
24licensed as a physical therapist assistant under the Illinois
25Physical Therapy Act.
26    "Physician" means a person licensed to practice medicine

 

 

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1in all of its branches under the Medical Practice Act of 1987.
2    "Physician assistant" means an individual licensed under
3the Physician Assistant Practice Act of 1987.
4    "Primary care" means health care that encompasses
5prevention services, basic diagnostic and treatment services,
6and support services, including laboratory, radiology,
7transportation, and pharmacy services.
8    "Psychiatrist" means a physician licensed to practice
9medicine in Illinois under the Medical Practice Act of 1987
10who has successfully completed an accredited residency program
11in psychiatry.
12    "Qualifying loan" means a government loan or commercial
13loan used for tuition and reasonable educational and living
14expenses related to undergraduate or graduate education that
15was obtained by the recipient prior to his or her application
16for loan repayment and that is contemporaneous with the
17education received.
18    "Reasonable educational expenses" means costs for
19education, exclusive of tuition. These costs include, but are
20not limited to, fees, books, supplies, clinical travel,
21educational equipment, materials, board certification, or
22licensing examinations. "Reasonable educational expenses" do
23not exceed the estimated standard budget for expenses for the
24degree program and for the years of enrollment.
25    "Reasonable living expenses" means room and board,
26transportation, and commuting costs associated with the

 

 

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1applicant's attendance and participation in educational and
2workforce training program. "Reasonable living expenses" do
3not exceed the estimated standard budget for the recipient's
4degree program and for the years of enrollment.
5    "Recognized training entity" means an entity approved by
6the Department to provide training and education for medical
7assistants and dental assistants.
8    "Recipient" means a health care professional or medical
9facility that may use loan repayment funds.
10    "Rural" has the same meaning that is used by the federal
11Health Resources and Services Administration to determine
12eligibility for Rural Health Grants.
13    "State" means the State of Illinois.
14(Source: P.A. 102-942, eff. 1-1-23.)
 
15    Section 15. The Birth Center Licensing Act is amended by
16changing Section 5 as follows:
 
17    (210 ILCS 170/5)
18    (Text of Section before amendment by P.A. 102-964)
19    Sec. 5. Definitions. In this Act:
20    "Birth center" means a designated site, other than a
21hospital:
22        (1) in which births are planned to occur following a
23    normal, uncomplicated, and low-risk pregnancy;
24        (2) that is not the pregnant person's usual place of

 

 

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1    residence;
2        (3) that is exclusively dedicated to serving the
3    reproductive health care childbirth-related needs of
4    pregnant persons and their newborns, and has no more than
5    10 beds;
6        (4) that offers prenatal care and community education
7    services and coordinates these services with other health
8    care services available in the community; and
9        (5) that does not provide general anesthesia; and or
10    surgery.
11        (6) that does not provide surgery except as allowed by
12    the Department by rule.
13    "Certified nurse midwife" means an advanced practice
14registered nurse licensed in Illinois under the Nurse Practice
15Act with full practice authority or who is delegated such
16authority as part of a written collaborative agreement with a
17physician who is associated with the birthing center or who
18has privileges at a nearby birthing hospital.
19    "Department" means the Illinois Department of Public
20Health.
21    "Hospital" does not include places where pregnant females
22are received, cared for, or treated during delivery if it is in
23a licensed birth center, nor include any facility required to
24be licensed as a birth center.
25    "Physician" means a physician licensed to practice
26medicine in all its branches in Illinois.

 

 

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1    "Reproductive health care" has the same meaning as
2provided in Section 1-10 of the Reproductive Health Act.
3(Source: P.A. 102-518, eff. 8-20-21.)
 
4    (Text of Section after amendment by P.A. 102-964)
5    Sec. 5. Definitions. In this Act:
6    "Birth center" means a designated site, other than a
7hospital:
8        (1) in which births are planned to occur following a
9    normal, uncomplicated, and low-risk pregnancy;
10        (2) that is not the pregnant person's usual place of
11    residence;
12        (3) that is exclusively dedicated to serving the
13    reproductive health care childbirth-related needs of
14    pregnant persons and their newborns, and has no more than
15    10 beds;
16        (4) that offers prenatal care and community education
17    services and coordinates these services with other health
18    care services available in the community; and
19        (5) that does not provide general anesthesia; and or
20    surgery.
21        (6) that does not provide surgery except as allowed by
22    the Department by rule.
23    "Certified nurse midwife" means an advanced practice
24registered nurse licensed in Illinois under the Nurse Practice
25Act with full practice authority or who is delegated such

 

 

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1authority as part of a written collaborative agreement with a
2physician who is associated with the birthing center or who
3has privileges at a nearby birthing hospital.
4    "Department" means the Illinois Department of Public
5Health.
6    "Hospital" does not include places where pregnant females
7are received, cared for, or treated during delivery if it is in
8a licensed birth center, nor include any facility required to
9be licensed as a birth center.
10    "Licensed certified professional midwife" means a person
11who has successfully met the requirements under Section 45 of
12the Licensed Certified Professional Midwife Practice Act and
13holds an active license to practice as a licensed certified
14professional midwife in Illinois.
15    "Physician" means a physician licensed to practice
16medicine in all its branches in Illinois.
17    "Reproductive health care" has the same meaning as
18provided in Section 1-10 of the Reproductive Health Act.
19(Source: P.A. 102-518, eff. 8-20-21; 102-964, eff. 1-1-23.)
 
20    Section 20. The Licensed Certified Professional Midwife
21Practice Act is amended by changing Section 85 as follows:
 
22    (225 ILCS 64/85)
23    (This Section may contain text from a Public Act with a
24delayed effective date)

 

 

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1    (Section scheduled to be repealed on January 1, 2027)
2    Sec. 85. Prohibited practices.
3    (a) A licensed certified professional midwife may not do
4any of the following:
5        (1) administer prescription pharmacological agents
6    intended to induce or augment labor;
7        (2) administer prescription pharmacological agents to
8    provide pain management;
9        (3) use vacuum extractors or forceps;
10        (4) prescribe medications;
11        (5) provide out-of-hospital care to a childbearing
12    individual who has had a previous cesarean section, except
13    as authorized by the Department by rule;
14        (6) perform abortions or surgical procedures,
15    including, but not limited to, cesarean sections and
16    circumcisions, except for an emergency episiotomy;
17        (7) knowingly accept responsibility for prenatal or
18    intrapartum care of a client with any of the following
19    risk factors:
20            (A) chronic significant maternal cardiac,
21        pulmonary, renal, or hepatic disease;
22            (B) malignant disease in an active phase;
23            (C) significant hematological disorders,
24        coagulopathies, or pulmonary embolism;
25            (D) insulin requiring diabetes mellitus;
26            (E) known maternal congenital abnormalities

 

 

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1        affecting childbirth;
2            (F) confirmed isoimmunization, Rh disease with
3        positive titer;
4            (G) active tuberculosis;
5            (H) active syphilis or gonorrhea;
6            (I) active genital herpes infection 2 weeks prior
7        to labor or in labor;
8            (J) pelvic or uterine abnormalities affecting
9        normal vaginal births, including tumors and
10        malformations;
11            (K) (blank) alcoholism or alcohol abuse;
12            (L) (blank) drug addiction or abuse; or
13            (M) confirmed AIDS status.
14    (b) A licensed certified professional midwife shall not
15administer Schedule II through IV controlled substances.
16Subject to a prescription by a health care professional,
17Schedule V controlled substances may be administered by
18licensed certified professional midwives.
19(Source: P.A. 102-683, eff. 10-1-22.)
 
20    Section 25. The Abused and Neglected Child Reporting Act
21is amended by changing Section 3 as follows:
 
22    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
23    Sec. 3. As used in this Act unless the context otherwise
24requires:

 

 

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1    "Adult resident" means any person between 18 and 22 years
2of age who resides in any facility licensed by the Department
3under the Child Care Act of 1969. For purposes of this Act, the
4criteria set forth in the definitions of "abused child" and
5"neglected child" shall be used in determining whether an
6adult resident is abused or neglected.
7    "Agency" means a child care facility licensed under
8Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
9includes a transitional living program that accepts children
10and adult residents for placement who are in the guardianship
11of the Department.
12    "Blatant disregard" means an incident where the real,
13significant, and imminent risk of harm would be so obvious to a
14reasonable parent or caretaker that it is unlikely that a
15reasonable parent or caretaker would have exposed the child to
16the danger without exercising precautionary measures to
17protect the child from harm. With respect to a person working
18at an agency in his or her professional capacity with a child
19or adult resident, "blatant disregard" includes a failure by
20the person to perform job responsibilities intended to protect
21the child's or adult resident's health, physical well-being,
22or welfare, and, when viewed in light of the surrounding
23circumstances, evidence exists that would cause a reasonable
24person to believe that the child was neglected. With respect
25to an agency, "blatant disregard" includes a failure to
26implement practices that ensure the health, physical

 

 

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1well-being, or welfare of the children and adult residents
2residing in the facility.
3    "Child" means any person under the age of 18 years, unless
4legally emancipated by reason of marriage or entry into a
5branch of the United States armed services.
6    "Department" means Department of Children and Family
7Services.
8    "Local law enforcement agency" means the police of a city,
9town, village or other incorporated area or the sheriff of an
10unincorporated area or any sworn officer of the Illinois State
11Police.
12    "Abused child" means a child whose parent or immediate
13family member, or any person responsible for the child's
14welfare, or any individual residing in the same home as the
15child, or a paramour of the child's parent:
16        (a) inflicts, causes to be inflicted, or allows to be
17    inflicted upon such child physical injury, by other than
18    accidental means, which causes death, disfigurement,
19    impairment of physical or emotional health, or loss or
20    impairment of any bodily function;
21        (b) creates a substantial risk of physical injury to
22    such child by other than accidental means which would be
23    likely to cause death, disfigurement, impairment of
24    physical or emotional health, or loss or impairment of any
25    bodily function;
26        (c) commits or allows to be committed any sex offense

 

 

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1    against such child, as such sex offenses are defined in
2    the Criminal Code of 2012 or in the Wrongs to Children Act,
3    and extending those definitions of sex offenses to include
4    children under 18 years of age;
5        (d) commits or allows to be committed an act or acts of
6    torture upon such child;
7        (e) inflicts excessive corporal punishment or, in the
8    case of a person working for an agency who is prohibited
9    from using corporal punishment, inflicts corporal
10    punishment upon a child or adult resident with whom the
11    person is working in his or her professional capacity;
12        (f) commits or allows to be committed the offense of
13    female genital mutilation, as defined in Section 12-34 of
14    the Criminal Code of 2012, against the child;
15        (g) causes to be sold, transferred, distributed, or
16    given to such child under 18 years of age, a controlled
17    substance as defined in Section 102 of the Illinois
18    Controlled Substances Act in violation of Article IV of
19    the Illinois Controlled Substances Act or in violation of
20    the Methamphetamine Control and Community Protection Act,
21    except for controlled substances that are prescribed in
22    accordance with Article III of the Illinois Controlled
23    Substances Act and are dispensed to such child in a manner
24    that substantially complies with the prescription;
25        (h) commits or allows to be committed the offense of
26    involuntary servitude, involuntary sexual servitude of a

 

 

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1    minor, or trafficking in persons as defined in Section
2    10-9 of the Criminal Code of 2012 against the child; or
3        (i) commits the offense of grooming, as defined in
4    Section 11-25 of the Criminal Code of 2012, against the
5    child.
6    A child shall not be considered abused for the sole reason
7that the child has been relinquished in accordance with the
8Abandoned Newborn Infant Protection Act.
9    "Neglected child" means any child who is not receiving the
10proper or necessary nourishment or medically indicated
11treatment including food or care not provided solely on the
12basis of the present or anticipated mental or physical
13impairment as determined by a physician acting alone or in
14consultation with other physicians or otherwise is not
15receiving the proper or necessary support or medical or other
16remedial care recognized under State law as necessary for a
17child's well-being, or other care necessary for his or her
18well-being, including adequate food, clothing and shelter; or
19who is subjected to an environment which is injurious insofar
20as (i) the child's environment creates a likelihood of harm to
21the child's health, physical well-being, or welfare and (ii)
22the likely harm to the child is the result of a blatant
23disregard of parent, caretaker, person responsible for the
24child's welfare, or agency responsibilities; or who is
25abandoned by his or her parents or other person responsible
26for the child's welfare without a proper plan of care; or who

 

 

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1has been provided with interim crisis intervention services
2under Section 3-5 of the Juvenile Court Act of 1987 and whose
3parent, guardian, or custodian refuses to permit the child to
4return home and no other living arrangement agreeable to the
5parent, guardian, or custodian can be made, and the parent,
6guardian, or custodian has not made any other appropriate
7living arrangement for the child; or who is a newborn infant
8whose blood, urine, or meconium contains any amount of a
9controlled substance as defined in subsection (f) of Section
10102 of the Illinois Controlled Substances Act or a metabolite
11thereof, with the exception of a controlled substance or
12metabolite thereof whose presence in the newborn infant is the
13result of medical treatment administered to the mother or the
14newborn infant. A child shall not be considered neglected for
15the sole reason that the child's parent or other person
16responsible for his or her welfare has left the child in the
17care of an adult relative for any period of time. A child shall
18not be considered neglected for the sole reason that the child
19has been relinquished in accordance with the Abandoned Newborn
20Infant Protection Act. A child shall not be considered
21neglected or abused for the sole reason that such child's
22parent or other person responsible for his or her welfare
23depends upon spiritual means through prayer alone for the
24treatment or cure of disease or remedial care as provided
25under Section 4 of this Act. A child shall not be considered
26neglected or abused solely because the child is not attending

 

 

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1school in accordance with the requirements of Article 26 of
2The School Code, as amended.
3    "Child Protective Service Unit" means certain specialized
4State employees of the Department assigned by the Director to
5perform the duties and responsibilities as provided under
6Section 7.2 of this Act.
7    "Near fatality" means an act that, as certified by a
8physician, places the child in serious or critical condition,
9including acts of great bodily harm inflicted upon children
10under 13 years of age, and as otherwise defined by Department
11rule.
12    "Great bodily harm" includes bodily injury which creates a
13high probability of death, or which causes serious permanent
14disfigurement, or which causes a permanent or protracted loss
15or impairment of the function of any bodily member or organ, or
16other serious bodily harm.
17    "Person responsible for the child's welfare" means the
18child's parent; guardian; foster parent; relative caregiver;
19any person responsible for the child's welfare in a public or
20private residential agency or institution; any person
21responsible for the child's welfare within a public or private
22profit or not for profit child care facility; or any other
23person responsible for the child's welfare at the time of the
24alleged abuse or neglect, including any person who commits or
25allows to be committed, against the child, the offense of
26involuntary servitude, involuntary sexual servitude of a

 

 

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1minor, or trafficking in persons for forced labor or services,
2as provided in Section 10-9 of the Criminal Code of 2012,
3including, but not limited to, the custodian of the minor, or
4any person who came to know the child through an official
5capacity or position of trust, including, but not limited to,
6health care professionals, educational personnel, recreational
7supervisors, members of the clergy, and volunteers or support
8personnel in any setting where children may be subject to
9abuse or neglect.
10    "Temporary protective custody" means custody within a
11hospital or other medical facility or a place previously
12designated for such custody by the Department, subject to
13review by the Court, including a licensed foster home, group
14home, or other institution; but such place shall not be a jail
15or other place for the detention of criminal or juvenile
16offenders.
17    "An unfounded report" means any report made under this Act
18for which it is determined after an investigation that no
19credible evidence of abuse or neglect exists.
20    "An indicated report" means a report made under this Act
21if an investigation determines that credible evidence of the
22alleged abuse or neglect exists.
23    "An undetermined report" means any report made under this
24Act in which it was not possible to initiate or complete an
25investigation on the basis of information provided to the
26Department.

 

 

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1    "Subject of report" means any child reported to the
2central register of child abuse and neglect established under
3Section 7.7 of this Act as an alleged victim of child abuse or
4neglect and the parent or guardian of the alleged victim or
5other person responsible for the alleged victim's welfare who
6is named in the report or added to the report as an alleged
7perpetrator of child abuse or neglect.
8    "Perpetrator" means a person who, as a result of
9investigation, has been determined by the Department to have
10caused child abuse or neglect.
11    "Member of the clergy" means a clergyman or practitioner
12of any religious denomination accredited by the religious body
13to which he or she belongs.
14(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
15102-813, eff. 5-13-22.)
 
16    Section 30. The Medical Patient Rights Act is amended by
17changing Section 3.4 and by adding Section 3.5 as follows:
 
18    (410 ILCS 50/3.4)
19    Sec. 3.4. Rights of women; pregnancy and childbirth.
20    (a) In addition to any other right provided under this
21Act, every woman has the following rights with regard to
22pregnancy and childbirth:
23        (1) The right to receive health care before, during,
24    and after pregnancy and childbirth.

 

 

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1        (2) The right to receive care for her and her infant
2    that is consistent with WHO recommendations on newborn
3    health: guidelines approved by the WHO Guidelines Review
4    Committee (WHO reference number WHO/MCA/17.07) and WHO
5    recommendations on maternal health: guidelines approved by
6    the WHO Guidelines Review Committee (WHO reference number
7    WHO/MCA/17.10) or the successors to those WHO
8    recommendations generally accepted medical standards.
9        (3) The right to choose a certified nurse midwife,
10    licensed certified professional midwife, or physician as
11    her maternity care professional.
12        (4) The right to choose her birth setting from the
13    full range of birthing options available in her community.
14        (5) The right to leave her maternity care provider
15    professional and select another if she becomes
16    dissatisfied with her care, except as otherwise provided
17    by law.
18        (6) The right to receive information about the names
19    of those health care professionals involved in her care.
20        (7) The right to privacy and confidentiality of
21    records, except as provided by law.
22        (8) The right to receive information concerning her
23    condition and proposed treatment, including methods of
24    relieving pain.
25        (9) The right to accept or refuse any treatment, to
26    the extent medically possible.

 

 

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1        (10) The right to be informed if her caregivers wish
2    to enroll her or her infant in a research study in
3    accordance with Section 3.1 of this Act.
4        (11) The right to access her medical records in
5    accordance with Section 8-2001 of the Code of Civil
6    Procedure.
7        (12) The right to receive information in a language in
8    which she can communicate in accordance with federal law.
9        (13) The right to receive emotional and physical
10    support during labor and birth.
11        (14) The right to freedom of movement during labor and
12    to give birth in the position of her choice, within
13    generally accepted medical standards.
14        (15) The right to contact with her newborn, except
15    where necessary care must be provided to the mother or
16    infant.
17        (16) The right to receive information about
18    breastfeeding.
19        (17) The right to decide collaboratively with
20    caregivers when she and her newborn baby will leave the
21    birth site for home, based on their conditions and
22    circumstances.
23        (18) The right to be treated with respect at all times
24    before, during, and after pregnancy by her and her
25    newborn's health care professionals.
26        (19) The right of each patient, regardless of source

 

 

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1    of payment, to examine and receive a reasonable
2    explanation of her total bill for services rendered by her
3    maternity care professional or health care provider,
4    including itemized charges for specific services received.
5    Each maternity care professional or health care provider
6    shall be responsible only for a reasonable explanation of
7    those specific services provided by the maternity care
8    professional or health care provider.
9    (b) The Department of Public Health, Department of
10Healthcare and Family Services, Department of Children and
11Family Services, and Department of Human Services shall post,
12either by physical or electronic means, information about
13these rights on their publicly available websites. Every
14health care provider, day care center licensed under the Child
15Care Act of 1969, Head Start, and community center shall post
16information about these rights in a prominent place and on
17their websites, if applicable.
18    (c) The Department of Public Health shall adopt rules to
19implement this Section.
20    (d) Nothing in this Section or any rules adopted under
21subsection (c) shall be construed to require a physician,
22health care professional, hospital, hospital affiliate, or
23health care provider to provide care inconsistent with
24generally accepted medical standards or available capabilities
25or resources.
26(Source: P.A. 101-445, eff. 1-1-20; 102-4, eff. 4-27-21.)
 

 

 

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1    (410 ILCS 50/3.5 new)
2    Sec. 3.5. Disclosure of medical information.
3    (a) Notwithstanding any other provision of law, and except
4as otherwise provided under this subsection, a patient has the
5right for a physician, health care provider, health services
6corporation, or insurance company to administer any of the
7following medical tests without disclosing the results of the
8test to a law enforcement agency or to the Department of
9Children and Family Services:
10        (1) A verbal screening or questioning concerning drug
11    or alcohol use.
12        (2) A urine test.
13        (3) A blood test administered to a pregnant or
14    postpartum patient or the newborn of a pregnant or
15    postpartum patient.
16    A physician, health care provider, health services
17corporation, or insurance company who administers a medical
18test described under paragraph (1), (2), or (3) may disclose
19the results of the test to a law enforcement agency or to the
20Department of Children and Family Services if (i) the pregnant
21or postpartum patient has provided specific written consent to
22the disclosure of the results of the blood test or (ii) a law
23enforcement agency has successfully obtained and furnished a
24search warrant issued under Section 108-3 of the Code of
25Criminal Procedure of 1963.

 

 

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1    (b) It is unlawful for any health care provider to
2disclose any private information regarding a patient's
3reproductive health care to any out-of-state law enforcement
4person or entity unless:
5        (1) the patient has provided specific written consent
6    to disclosure of the information; or
7        (2) disclosure of the information has been authorized
8    pursuant to a State or federal court order.
9    (c) The rights described under this Section are granted to
10any person who is capable of becoming pregnant and who seeks
11reproductive health care within the borders of Illinois.
12    (d) Any person who knowingly and willfully violates any
13provision of this Section is guilty of a Class A misdemeanor
14for a first violation and a Class 4 felony for a second or
15subsequent violation.
16    (e) In this Section, "reproductive health care" has the
17same meaning as provided in Section 1-10 of the Reproductive
18Health Act.
 
19    Section 35. The Vital Records Act is amended by changing
20Section 20.5 as follows:
 
21    (410 ILCS 535/20.5)
22    Sec. 20.5. Certificate of stillbirth.
23    (a) The State Registrar shall prescribe and distribute a
24form for a certificate of stillbirth. The certificate shall be

 

 

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1in the same format as a certificate of live birth prepared
2under Section 12 and shall be filed in the same manner as a
3certificate of live birth.
4    (b) After each fetal death that occurs in this State after
5a gestation period of at least 20 26 completed weeks, the
6person who files a fetal death certificate in connection with
7that death as required under Section 20 shall, only upon
8request by the parent woman who delivered the stillborn fetus,
9also prepare a certificate of stillbirth. The person shall
10prepare the certificate on the form prescribed and furnished
11by the State Registrar and in accordance with the rules
12adopted by the State Registrar.
13    (c) If the stillborn's parent or parents do not wish to
14provide a name for the stillborn, the person who prepares the
15certificate of stillbirth shall leave blank any references to
16the stillborn's name.
17    (d) When a stillbirth occurs in this State and the
18stillbirth has not been registered within one year after the
19delivery, a certificate marked "delayed" may be filed and
20registered in accordance with regulations adopted by the State
21Registrar. The certificate must show on its face the date of
22registration.
23    (e) In the case of a fetal death that occurred in this
24State after a gestation period of at least 26 completed weeks
25and before August 21, 2003 (the effective date of Public Act
2693-578) this amendatory Act of the 93rd General Assembly, a

 

 

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1parent of the stillborn child may request that the person who
2filed a fetal death certificate in connection with that death
3as required under Section 20 shall also prepare a certificate
4of stillbirth with respect to the fetus. If a parent of a
5stillborn makes such a request under this subsection (e), the
6person who filed a fetal death certificate shall prepare the
7certificate of stillbirth and file it with the designated
8registrar within 30 days after the request by the parent.
9(Source: P.A. 93-578, eff. 8-21-03.)
 
10    Section 95. No acceleration or delay. Where this Act makes
11changes in a statute that is represented in this Act by text
12that is not yet or no longer in effect (for example, a Section
13represented by multiple versions), the use of that text does
14not accelerate or delay the taking effect of (i) the changes
15made by this Act or (ii) provisions derived from any other
16Public Act.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 2310/2310-438 new
4    110 ILCS 932/10
5    210 ILCS 170/5
6    225 ILCS 64/85
7    325 ILCS 5/3from Ch. 23, par. 2053
8    410 ILCS 50/3.4
9    410 ILCS 50/3.5 new
10    410 ILCS 535/20.5