Bill Amendment: IL HB0003 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: REPRODUCTIVE HEALTH

Status: 2023-05-25 - Added Co-Sponsor Rep. Janet Yang Rohr [HB0003 Detail]

Download: Illinois-2023-HB0003-House_Amendment_003.html

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Rep. Mary E. Flowers

Filed: 2/24/2023

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AMENDMENT TO HOUSE BILL 3
AMENDMENT NO. ______. Amend House Bill 3, AS AMENDED, with
reference to page and line numbers of House Amendment No. 2, by
replacing line 24 on page 17 through line 13 on page 22 with:
"Section 25. The Medical Patient Rights Act is amended by
changing Section 3.4 and by adding Section 3.5 as follows:
(410 ILCS 50/3.4)
Sec. 3.4. Rights of patients women; pregnancy and
childbirth.
(a) In addition to any other right provided under this
Act, every patient woman has the following rights with regard
to pregnancy and childbirth:
(1) The right to receive health care before, during,
and after pregnancy and childbirth.
(2) The right to receive care for the patient and the
patient's newborn her and her infant that is consistent

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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 generally accepted medical
standards.
(3) The right to choose a maternity care provider from
the full range of providers available in the patient's
community certified nurse midwife or physician as her
maternity care professional.
(4) The right to choose the patient's her birth
setting from the full range of birthing options available
in the patient's her community.
(5) The right to leave the patient's her maternity
care professional and select another if the patient she
becomes dissatisfied with the quality of the care provided
her care, except as otherwise provided by law.
(6) The right to receive information about the names
of those health care professionals involved in the
patient's her care and the care of the patient's newborn.
(7) The right to privacy and confidentiality of
records, except as provided by law.
(8) The right to receive information concerning the
patient's her condition and proposed treatment, including
methods of relieving pain.
(9) The right to accept or refuse any treatment, to

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the extent medically possible.
(10) The right to be informed if her caregivers wish
to enroll the patient her or the patient's her infant in a
research study in accordance with Section 3.1 of this Act.
(11) The right to access the patient's own her medical
records in accordance with Section 8-2001 of the Code of
Civil Procedure.
(12) The right to receive information in a language in
which the patient she can communicate in accordance with
federal law.
(13) The right to receive emotional and physical
support during labor and birth.
(14) The right to freedom of movement during labor and
to give birth in the position of the patient's her choice,
to the extent medically possible within generally accepted
medical standards.
(15) The right to contact with the patient's her
newborn, except where necessary care must be provided to
the patient mother or infant.
(16) The right to receive information about
breastfeeding.
(17) The right to decide, in consultation
collaboratively with the patient's caregivers, when the
patient and the patient's newborn she and her baby will
leave the birth site for home, based on their conditions
and circumstances.

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(18) The right to be treated with respect at all times
before, during, and after pregnancy by her health care
professionals involved in the patient's care or in the
care of the patient's newborn.
(19) The right of each patient, regardless of source
of payment, to examine and receive a reasonable
explanation of the patient's her total bill for services
rendered by the patient's her maternity care professional
or health care provider, including itemized charges for
specific services received. Each maternity care
professional or health care provider shall be responsible
only for a reasonable explanation of those specific
services provided by the maternity care professional or
health care provider.
(b) The Department of Public Health, Department of
Healthcare and Family Services, Department of Children and
Family Services, and Department of Human Services shall post,
either by physical or electronic means, information about
these rights on their publicly available websites. Every
health care provider, day care center licensed under the Child
Care Act of 1969, Head Start, and community center shall post
information about these rights in a prominent place and on
their websites, if applicable.
(c) The Department of Public Health shall adopt rules to
implement this Section.
(d) Nothing in this Section or any rules adopted under

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subsection (c) 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.
(Source: P.A. 101-445, eff. 1-1-20; 102-4, eff. 4-27-21.)
(410 ILCS 50/3.5 new)
Sec. 3.5. Disclosure of medical information.
Notwithstanding any other provision of law, and except as
otherwise provided in this Section, a patient has the right
for a physician, health care provider, health services
corporation, or insurance company to administer any of the
following medical tests without disclosing the results of the
test or tests to a State or local law enforcement agency or the
Department of Children and Family Services:
(1) Any verbal screening or questioning concerning the
drug or alcohol use of a pregnant or postpartum person.
(2) Any toxicology test administered to a person who
is pregnant or has given birth within the previous 12
weeks.
(3) Any toxicology test administered to a newborn.
A physician, health care provider, health services
corporation, or insurance company who administers a medical
test described under paragraph (1), (2), or (3), may disclose
the results of the test if a law enforcement agency has

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successfully obtained and furnished a search warrant issued
under Section 108-3 of the Code of Criminal Procedure of
1963.".