HB 3

Abstract

Provides that the amendatory Act may be referred to as the Reproductive Liberty and Justice Act. Amends the Equity and Representation in Health Care Act. Expands the definition of "medical facility" to include a reproductive health center established at a nonprofit community health center. Makes other changes. Amends the Birth Center Licensing Act. Makes changes to the definition of "birth center". Provides that a birth center and any licensed provider of abortion and birth control services on-site may be co-located at the same facility. Requires the Department of Public Health to adopt rules for licensing and designating co-located facilities to provide specified essential reproductive health care services. Contains other provisions. 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 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 alcohol abuse or drug addiction. Amends the Abused and Neglected Child Reporting Act. Removes from the definition of "neglected child" any child who is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance. Makes corresponding changes to the Juvenile Court Act of 1987, the Adoption Act, and the Vital Records Act. Contains provisions concerning CAPTA notifications and prohibited disclosures regarding the results of a toxicology test administered on a newborn or pregnant person. Amends the Substance Use Disorder Act. Contains provisions concerning Plans of Safe Care. Amends the Medical Patient Rights Act. Provides that a patient has the right for a physician and other health care service providers 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. Amends the Illinois Health and Hazardous Substances Registry Act. Makes changes to the definition of "adverse pregnancy outcome". Contains provisions concerning certificates of birth resulting in stillbirth. Makes other changes. House Committee Amendment No. 2 Deletes reference to: 110 ILCS 932/10 210 ILCS 170/5 210 ILCS 170/65 new 225 ILCS 64/85 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Removes the statement of purpose. Removes the changes made to the Equity and Representation in Health Care Act, the Birth Center Licensing Act, and the Licensed Certified Professional Midwife Practice Act. In the Medical Patient Rights Act: Removes language providing that every woman has the right to receive care for her and her infant that is consistent with WHO recommendations on newborn health. Provides instead that every patient has the right to receive care for the patient and the patient's newborn that is consistent with all clinical consensus documents, committee statements, committee opinions, and obstetric care consensus documents published or reaffirmed by the American College of Obstetricians and Gynecologists on or after January 1, 2019. Removes language providing that every woman has the right to choose a certified nurse midwife, licensed certified professional midwife, or physician as her maternity care professional. Provides instead that every patient has the right to choose a maternity care provider from the full range of providers available in the patient's community. In a provision regarding the disclosure of medical information, removes language providing that: a health care provider shall not disclose any private information regarding a patient's reproductive health care to any out-of-state law enforcement person or entity unless disclosure of the information has been authorized pursuant to a State or federal court order; the rights described under the provision are granted to any person who is capable of becoming pregnant and who seeks reproductive health care within the borders of Illinois; and any person who knowingly or willfully violates any provision is guilty of a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation. In the Juvenile Court Act of 1987: Restores language providing that proof that a parent, custodian, or guardian of a minor repeatedly used a controlled substance in the presence of the minor or a sibling of the minor is prima facie evidence of neglect. House Committee Amendment No. 3 In the Medical Patient Rights Act: Provides that each patient has the right to: leave the patient's maternity care professional and select another if the patient becomes dissatisfied with the quality of the care provided (rather than becomes dissatisfied with the patient's care or the care of the patient's newborn); receive information about the names of those health care professionals involved in the patient's care and the care of the patient's newborn; the right to refuse (rather than accept or refuse) any treatment; and the right to decide, in consultation with the patient's caregivers (rather than collaboratively with caregivers), when the patient and the patient's newborn will leave the birth site for home. House Committee Amendment No. 4 Deletes reference to: 410 ILCS 50/3.4 410 ILCS 50/3.5 new Adds reference to: 410 ILCS 50/3.4 rep. 775 ILCS 5/6-103 new In the Abused and Neglected Child Reporting Act, provides that the punishment for violating a provision related to the disclosure of specified screening and test results shall be enforced 150 days after the effective date of the amendatory Act. Removes the changes to the Medical Patient Rights Act. Repeals a provision of the Medical Patient Rights Act related to the rights of women and pregnancy and childbirth. Amends the Illinois Human Rights Act. Sets forth rights every patient has whenever receiving maternity care. Requires the Department of Public Health, the Department of Healthcare and Family Services, the Department of Children and Family Services, and the Department of Human Services to post information about such rights on their publicly available websites. Requires every health care provider, day care center, Head Start, and community center to post information about such rights in a prominent place and on their websites. Provides that nothing shall be construed to require a physician, health care professional, hospital, hospital affiliate, or health care provider to provide care inconsistent with generally accepted medical standards or available capabilities or resources. Provides that 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 tests to a State or local law enforcement agency or the Department of Children and Family Services. Adds an immediate effective date.