Rep. Mary E. Flowers
Filed: 2/24/2023
 
 


 




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1
AMENDMENT TO HOUSE BILL 3 




2 AMENDMENT NO. ______. Amend House Bill 3, AS AMENDED, with 
3reference to page and line numbers of House Amendment No. 2, by 
4replacing line 24 on page 17 through line 13 on page 22 with:


5 "Section 25. The Medical Patient Rights Act is amended by 
6changing Section 3.4 and by adding Section 3.5 as follows:

7 (410 ILCS 50/3.4)
8 Sec. 3.4. Rights of patients women; pregnancy and 
9childbirth.
10 (a) In addition to any other right provided under this 
11Act, every patient woman has the following rights with regard 
12to pregnancy and childbirth:
13  (1) The right to receive health care before, during, 
14 and after pregnancy and childbirth.
15  (2) The right to receive care for the patient and the 
16 patient's newborn her and her infant that is consistent 
 
 
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1 with all clinical consensus documents, committee 
2 statements, committee opinions, and obstetric care 
3 consensus documents published or reaffirmed by the 
4 American College of Obstetricians and Gynecologists on or 
5 after January 1, 2019 generally accepted medical 
6 standards.
7  (3) The right to choose a maternity care provider from 
8 the full range of providers available in the patient's 
9 community certified nurse midwife or physician as her 
10 maternity care professional.
11  (4) The right to choose the patient's her birth 
12 setting from the full range of birthing options available 
13 in the patient's her community.
14  (5) The right to leave the patient's her maternity 
15 care professional and select another if the patient she 
16 becomes dissatisfied with the quality of the care provided 
17 her care, except as otherwise provided by law.
18  (6) The right to receive information about the names 
19 of those health care professionals involved in the 
20 patient's her care and the care of the patient's newborn.
21  (7) The right to privacy and confidentiality of 
22 records, except as provided by law.
23  (8) The right to receive information concerning the 
24 patient's her condition and proposed treatment, including 
25 methods of relieving pain.
26  (9) The right to accept or refuse any treatment, to 
 
 
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1 the extent medically possible.
2  (10) The right to be informed if her caregivers wish 
3 to enroll the patient her or the patient's her infant in a 
4 research study in accordance with Section 3.1 of this Act.
5  (11) The right to access the patient's own her medical 
6 records in accordance with Section 8-2001 of the Code of 
7 Civil Procedure.
8  (12) The right to receive information in a language in 
9 which the patient she can communicate in accordance with 
10 federal law.
11  (13) The right to receive emotional and physical 
12 support during labor and birth.
13  (14) The right to freedom of movement during labor and 
14 to give birth in the position of the patient's her choice, 
15 to the extent medically possible within generally accepted 
16 medical standards.
17  (15) The right to contact with the patient's her 
18 newborn, except where necessary care must be provided to 
19 the patient mother or infant.
20  (16) The right to receive information about 
21 breastfeeding.
22  (17) The right to decide, in consultation 
23 collaboratively with the patient's caregivers, when the 
24 patient and the patient's newborn she and her baby will 
25 leave the birth site for home, based on their conditions 
26 and circumstances.
 
 
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1  (18) The right to be treated with respect at all times 
2 before, during, and after pregnancy by her health care 
3 professionals involved in the patient's care or in the 
4 care of the patient's newborn.
5  (19) The right of each patient, regardless of source 
6 of payment, to examine and receive a reasonable 
7 explanation of the patient's her total bill for services 
8 rendered by the patient's her maternity care professional 
9 or health care provider, including itemized charges for 
10 specific services received. Each maternity care 
11 professional or health care provider shall be responsible 
12 only for a reasonable explanation of those specific 
13 services provided by the maternity care professional or 
14 health care provider. 
15 (b) The Department of Public Health, Department of 
16Healthcare and Family Services, Department of Children and 
17Family Services, and Department of Human Services shall post, 
18either by physical or electronic means, information about 
19these rights on their publicly available websites. Every 
20health care provider, day care center licensed under the Child 
21Care Act of 1969, Head Start, and community center shall post 
22information about these rights in a prominent place and on 
23their websites, if applicable.
24 (c) The Department of Public Health shall adopt rules to 
25implement this Section.
26 (d) Nothing in this Section or any rules adopted under 
 
 
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1subsection (c) shall be construed to require a physician, 
2health care professional, hospital, hospital affiliate, or 
3health care provider to provide care inconsistent with 
4generally accepted medical standards or available capabilities 
5or resources. 

6(Source: P.A. 101-445, eff. 1-1-20; 102-4, eff. 4-27-21.)

7 (410 ILCS 50/3.5 new)
8 Sec. 3.5. Disclosure of medical information. 
9Notwithstanding any other provision of law, and except as 
10otherwise provided in this Section, a patient has the right 
11for a physician, health care provider, health services 
12corporation, or insurance company to administer any of the 
13following medical tests without disclosing the results of the 
14test or tests to a State or local law enforcement agency or the 
15Department of Children and Family Services:
16  (1) Any verbal screening or questioning concerning the 
17 drug or alcohol use of a pregnant or postpartum person.
18  (2) Any toxicology test administered to a person who 
19 is pregnant or has given birth within the previous 12 
20 weeks.
21  (3) Any toxicology test administered to a newborn. 
22 A physician, health care provider, health services 
23corporation, or insurance company who administers a medical 
24test described under paragraph (1), (2), or (3), may disclose 
25the results of the test if a law enforcement agency has 
 
 
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1successfully obtained and furnished a search warrant issued 
2under Section 108-3 of the Code of Criminal Procedure of 
31963.".