2023 Illinois Compiled Statutes › Chapter 745 - CIVIL IMMUNITIES › 745 ILCS 70/ - Health Care Right of Conscience Act.

(745 ILCS 70/1) (from Ch. 111 1/2, par. 5301)
Sec. 1. 
		Short title. 
		This Act may be cited as
the Health Care Right of Conscience Act.
(Source: P.A. 90-246, eff. 1-1-98.)
(745 ILCS 70/2) (from Ch. 111 1/2, par. 5302)
Sec. 2. Findings and policy. The General Assembly finds and declares that
people and organizations hold different beliefs about whether certain
health care services are morally acceptable.  It is the public policy of the
State of Illinois to
respect
and protect the right of conscience of all persons who refuse to obtain,
receive or accept, or who are engaged in, the delivery of, arrangement for,
or payment of health care
services and medical care whether acting individually, corporately, or
in association with other persons; and to prohibit all forms of
discrimination, disqualification, coercion, disability or imposition of
liability upon such persons or entities by reason of their refusing to
act contrary to their conscience or conscientious convictions in
providing, paying for, or refusing to obtain, receive, accept, deliver, pay for, or
arrange
for the payment of health care services and
medical care. It is also the public policy of the State of Illinois to ensure that patients receive timely access to information and medically appropriate care.
(Source: P.A. 99-690, eff. 1-1-17.)
(745 ILCS 70/3) (from Ch. 111 1/2, par. 5303)
Sec. 3. Definitions. As used in this Act, unless the context clearly
otherwise
requires:
(a) "Health care" means any phase of patient care,     including but not limited to, testing; diagnosis; prognosis; ancillary research; instructions; family planning, counselling, referrals, or any other advice in connection with the use or procurement of contraceptives and sterilization or abortion procedures; medication; surgery or other care or treatment rendered by a physician or physicians, nurses, paraprofessionals or health care facility, intended for the physical, emotional, and mental well-being of persons; or an abortion as defined by the Reproductive Health Act;
(b) "Physician" means any person who is licensed by     the State of Illinois under the Medical Practice Act of 1987;
(c) "Health care personnel" means any nurse, nurses'     aide, medical school student, professional, paraprofessional or any other person who furnishes, or assists in the furnishing of, health care services;
(d) "Health care facility" means any public or     private hospital, clinic, center, medical school, medical training institution, laboratory or diagnostic facility, physician's office, infirmary, dispensary, ambulatory surgical treatment center or other institution or location wherein health care services are provided to any person, including physician organizations and associations, networks, joint ventures, and all other combinations of those organizations;
(e) "Conscience" means a sincerely held set of moral     convictions arising from belief in and relation to God, or which, though not so derived, arises from a place in the life of its possessor parallel to that filled by God among adherents to religious faiths;
(f) "Health care payer" means a health maintenance     organization, insurance company, management services organization, or any other entity that pays for or arranges for the payment of any health care or medical care service, procedure, or product; and
(g) "Undue delay" means unreasonable delay that     causes impairment of the patient's health.
The above definitions include not only the traditional combinations and forms
of these persons and organizations but also all new and emerging forms and
combinations of these persons and organizations.
(Source: P.A. 101-13, eff. 6-12-19.)
(745 ILCS 70/4) (from Ch. 111 1/2, par. 5304)
Sec. 4. 
		Liability. 
		No physician or health care
personnel shall be civilly or
criminally liable to any person, estate, public or private entity or
public official by reason of his or her refusal to perform, assist,
counsel, suggest, recommend, refer or participate in any way in any
particular form of health care service which is contrary
to the conscience of
such physician or health care personnel.
(Source: P.A. 90-246, eff. 1-1-98.)
(745 ILCS 70/5) (from Ch. 111 1/2, par. 5305)
Sec. 5. 
		Discrimination. 
		It shall be unlawful for any person, public or
private
institution, or public official to discriminate against any person in
any manner, including but not limited to, licensing, hiring, promotion,
transfer, staff appointment, hospital, managed care entity, or any other
privileges, because
of such person's conscientious refusal to receive, obtain, accept,
perform, assist, counsel, suggest, recommend, refer or participate in
any way in any particular form of health care services
contrary to his or her
conscience.
(Source: P.A. 90-246, eff. 1-1-98.)
(745 ILCS 70/6) (from Ch. 111 1/2, par. 5306)
Sec. 6. Duty of physicians and other health care personnel. Nothing in
this Act shall relieve a physician from any duty,
which may exist under any laws concerning current standards of 
medical practice or care, to inform his or her patient of the
patient's condition, prognosis, legal treatment options, and risks and benefits of treatment options, provided, however, that such
physician shall be under no duty to perform, assist, counsel, suggest,
recommend, refer or participate in any way in any form of medical
practice or health care service that is contrary to his or
her conscience.
Nothing in this Act shall be construed so as to relieve a physician
or other health care personnel from obligations under the law
of providing emergency medical care.
(Source: P.A. 99-690, eff. 1-1-17.)
(745 ILCS 70/6.1)
Sec. 6.1. Access to care and information protocols. All health care facilities shall adopt written access to care and information protocols that are designed to ensure that conscience-based objections do not cause impairment of patients' health and that explain how conscience-based objections will be addressed in a timely manner to facilitate patient health care services.  The protections of Sections 4, 5, 7, 8, 9, 10, and 11 of this Act only apply if conscience-based refusals occur in accordance with these protocols.  These protocols must, at a minimum, address the following:
(1)  The health care facility, physician, or health     care personnel shall inform a patient of the patient's condition, prognosis, legal treatment options, and risks and benefits of the treatment options in a timely manner, consistent with current standards of medical practice or care.
(2)  When a health care facility, physician, or     health care personnel is unable to permit, perform, or participate in a health care service that is a diagnostic or treatment option requested by a patient because the health care service is contrary to the conscience of the health care facility, physician, or health care personnel, then the patient shall either be provided the requested health care service by others in the facility or be notified that the health care will not be provided and be referred, transferred, or given information in accordance with paragraph (3).
(3)  If requested by the patient or the legal     representative of the patient, the health care facility, physician, or health care personnel shall: (i) refer the patient to, or (ii) transfer the patient to, or (iii) provide in writing information to the patient about  other health care providers who they reasonably believe may offer the health care service the health care facility, physician, or health personnel refuses to permit, perform, or participate in because of a conscience-based objection.
(4)  If requested by the patient or the legal     representative of the patient, the health care facility, physician, or health care personnel shall provide copies of medical records to the patient or  to another health care professional or health care facility designated by the patient in accordance with Illinois law, without undue delay.
(Source: P.A. 99-690, eff. 1-1-17.)
(745 ILCS 70/6.2)
Sec. 6.2. Permissible acts related to access to care and information protocols. Nothing in this Act shall be construed to prevent a health care facility from requiring that physicians or health care personnel working in the facility comply with access to care and information protocols that comply with the provisions of this Act.
(Source: P.A. 99-690, eff. 1-1-17.)
(745 ILCS 70/7) (from Ch. 111 1/2, par. 5307)
Sec. 7. 
		Discrimination by employers or institutions. 
		It shall be
unlawful for any public or private employer,
entity, agency, institution, official or person, including but not
limited to, a medical, nursing or other medical training institution, to
deny admission because of, to place any reference in its application
form concerning, to orally question about, to impose any burdens in
terms or conditions of employment on, or to otherwise discriminate
against, any applicant, in terms of employment, admission to or
participation in any programs for which the applicant is eligible, or to
discriminate in relation thereto, in any other manner, on account of the
applicant's refusal to receive, obtain, accept, perform, counsel,
suggest, recommend, refer, assist or participate in any way in any forms
of health care services contrary to his or her conscience.
(Source: P.A. 90-246, eff. 1-1-98.)
(745 ILCS 70/8) (from Ch. 111 1/2, par. 5308)
Sec. 8. 
		Denial of aid or benefits. 
		It shall be unlawful for any public
official, guardian,
agency, institution or entity to deny any form of aid, assistance or
benefits, or to condition the reception in any way of any form of aid,
assistance or benefits, or in any other manner to coerce, disqualify or
discriminate against any person, otherwise entitled to such aid,
assistance or benefits, because that person refuses to obtain, receive,
accept, perform, assist, counsel, suggest, recommend, refer or
participate in any way in any form of health care services
contrary to his or
her conscience.
(Source: P.A. 90-246, eff. 1-1-98.)
(745 ILCS 70/9) (from Ch. 111 1/2, par. 5309)
Sec. 9. Liability. No person, association, or corporation, which owns,
operates, supervises, or manages a health care facility shall
be civilly or
criminally liable to any person, estate, or public or private entity by
reason of refusal of the health care facility to permit or
provide any
particular form of health care service which violates the
facility's conscience as documented in its ethical guidelines,
mission statement, constitution, bylaws, articles of incorporation,
regulations, or other governing documents.
Nothing in this Act shall be construed so as to relieve a physician,
 health care personnel, or a health care facility from obligations under the law
of providing
emergency medical care.
(Source: P.A. 99-690, eff. 1-1-17.)
(745 ILCS 70/10) (from Ch. 111 1/2, par. 5310)
Sec. 10. 
		Discrimination against facility. 
		It shall be unlawful for any
person, public or private
institution or public official to discriminate against any person,
association or corporation attempting to establish a new health care
facility or operating an existing health care facility, in any
manner,
including but not limited to, denial, deprivation or disqualification in
licensing, granting of authorizations, aids, assistance, benefits,
medical staff or any other privileges, and granting authorization to
expand, improve, or create any health care facility, by reason
of the
refusal of such person, association or corporation planning, proposing
or operating a health care facility, to permit or perform any
particular
form of health care service which violates the health
care
facility's conscience as documented in its existing or proposed ethical
guidelines, mission statement, constitution, bylaws, articles of
incorporation,
regulations, or other governing documents.
(Source: P.A. 90-246, eff. 1-1-98.)
(745 ILCS 70/11) (from Ch. 111 1/2, par. 5311)
Sec. 11. 
		Denial of aid or benefit to a facility. 
		It shall be unlawful
for any public official, agency,
institution or entity to deny any form of aid, assistance, grants or
benefits; or in any other manner to coerce, disqualify or discriminate
against any person, association or corporation attempting to establish a
new health care facility or operating an existing health
care facility which
otherwise would be entitled to the aid, assistance, grant or benefit
because the existing or proposed health care facility refuses
to perform,
assist, counsel, suggest, recommend, refer or participate in any way in
any form of health care services contrary to the health
care facility's conscience as documented in its existing or proposed ethical
guidelines, mission statement, constitution, bylaws, articles of
incorporation,
regulations, or other governing documents.
(Source: P.A. 90-246, eff. 1-1-98.)
(745 ILCS 70/11.2)
Sec. 11.2. 
		Liability of health care payer. 
		No health care payer and no
person, association, or corporation that owns, operates, supervises, or
manages a health care payer shall be civilly or criminally liable to any
person,
estate, or public or private entity by reason of refusal of the health care
payer to pay for or arrange for the payment of any particular form of health
care services that violate the health care payer's conscience as documented in
its ethical guidelines, mission statement, constitution, bylaws, articles of
incorporation, regulations, or other governing documents.
(Source: P.A. 90-246, eff. 1-1-98.)
(745 ILCS 70/11.3)
Sec. 11.3. 
		Discrimination against health care payer in licensing. 
		It
shall be unlawful for any person, public or private institution, or public
official to discriminate against any person, association, or corporation
(i) attempting to establish a new health care payer or (ii) operating an
existing health
care payer, in any manner, including but not limited to, denial, deprivation,
or
disqualification in licensing; granting of authorizations, aids, assistance,
benefits, or any other privileges; and granting authorization to expand,
improve, or create any health care payer, because the
person, association, or corporation planning, proposing, or operating a health
care payer refuses to pay for or arrange for the payment of any particular form
of
health care services that violates the health care payer's conscience as
documented in the existing or proposed ethical guidelines, mission statement,
constitution, bylaws, articles of incorporation, regulations or other
governing documents.
(Source: P.A. 90-246, eff. 1-1-98.)
(745 ILCS 70/11.4)
Sec. 11.4. 
		
		Denial of aid or benefits to health care payer for refusal to
participate in certain health care.  It shall be unlawful for any public
official, agency, institution, or entity to deny any form of aid, assistance,
grants, or benefits; or in any other manner to coerce, disqualify, or
discriminate against any person, association, or corporation attempting to
establish a new health care payer or operating an existing health care payer
that otherwise would be entitled to the aid, assistance, grant, or benefit
because
the existing or proposed health care payer refuses to pay for, arrange for the
payment of, or participate in any way in any form of health care services
contrary to the health care payer's conscience as documented in its existing or
proposed ethical guidelines, mission statement, constitution, bylaws, articles
of incorporation, regulations, or other governing documents.
(Source: P.A. 90-246, eff. 1-1-98.)
(745 ILCS 70/12) (from Ch. 111 1/2, par. 5312)
Sec. 12. 
		Actions; damages. 
		Any person, association, corporation, entity
or health care
facility injured by any public or private person, association, agency,
entity or corporation by reason of any action prohibited by this Act may
commence a suit therefor, and shall
recover threefold the actual damages, including pain and suffering,
sustained by such person, association, corporation, entity or health care
facility, the costs of the suit and reasonable attorney's fees; but in
no case shall recovery be less than $2,500 for each violation in
addition to costs of the suit and reasonable attorney's fees.  These
damage remedies shall be cumulative, and not exclusive of other remedies
afforded under any other state or federal law.
(Source: P.A. 90-246, eff. 1-1-98.)
(745 ILCS 70/13) (from Ch. 111 1/2, par. 5313)
Sec. 13. 
		Liability for refusal to provide certain health care. 
		Nothing
in this Act shall be construed as excusing any
person, public or private institution, or public official from liability
for refusal to permit or provide a particular form of health
care service if:
(a) the person, public or private institution or public official has
entered into a contract specifically to provide that particular form of
health care service; or
(b) the person, public or private institution or public official has
accepted federal or state funds for the sole purpose of, and
specifically conditioned upon, permitting or providing that particular
form of health care service.
(Source: P.A. 90-246, eff. 1-1-98.)
(745 ILCS 70/13.5)
Sec. 13.5. Violations related to COVID-19 requirements. It is not a violation of this Act for any person or public official, or for any public or private association, agency, corporation, entity, institution, or employer, to take any measures or impose any requirements, including, but not limited to, any measures or requirements that involve provision of services by a physician or health care personnel, intended to prevent contraction or transmission of COVID-19 or any pathogens that result in COVID-19 or any of its subsequent iterations. It is not a violation of this Act to enforce such measures or requirements. This Section is a declaration of existing law and shall not be construed as a new enactment. Accordingly, this Section shall apply to all actions commenced or pending on or after the effective date of this amendatory Act of the 102nd General Assembly. Nothing in this Section is intended to affect any right or remedy under federal law.
(Source: P.A. 102-667, eff. 6-1-22.)
(745 ILCS 70/14) (from Ch. 111 1/2, par. 5314)
Sec. 14. 
		Supersedes other Acts. 
		This Act shall supersede all other Acts
or parts of Acts to
the extent that any Acts or parts of Acts are inconsistent
with the terms or operation of this Act.
(Source: P.A. 90-246, eff. 1-1-98.)