Bill Text: IL HB0002 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Medical Patient Rights Act. Provides that every woman has certain rights with regard to pregnancy and childbirth, including the right to receive care that is consistent with current scientific evidence about benefits and risks, the right to choose her birth setting, the right to be provided with certain information, and the right to be treated with respect at all times before, during, and after pregnancy by her health care professionals and to have a health care professional that is culturally competent and treats her appropriately regardless of her ethnicity, sexual orientation, or religious background. Requires the Department of Public Health, Department of Healthcare and Family Services, Department of Children and Family Services, and Department of Human Services to post information about these rights on their publicly available websites. Requires every health care provider, day care center, Head Start, and community center to post information about these rights in a prominent place and on their websites, if applicable. Requires the Department of Public Health to adopt rules to implement the provisions. Effective immediately.

Spectrum: Partisan Bill (Democrat 50-0)

Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0445 [HB0002 Detail]

Download: Illinois-2019-HB0002-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB0002 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
410 ILCS 50/3.4 new
Amends the Medical Patient Rights Act. Provides that every woman has certain rights with regard to pregnancy and childbirth, including the right to receive care that is consistent with current scientific evidence about benefits and risks, the right to choose her birth setting, the right to be provided with certain information, and the right to be treated with respect at all times before, during, and after pregnancy by her health care professionals and to have a health care professional that is culturally competent and treats her appropriately regardless of her ethnicity, sexual orientation, or religious background. Requires the Department of Public Health, Department of Healthcare and Family Services, Department of Children and Family Services, and Department of Human Services to post information about these rights on their publicly available websites. Requires every health care provider, day care center, Head Start, and community center to post information about these rights in a prominent place and on their websites, if applicable. Requires the Department of Public Health to adopt rules to implement the provisions. Effective immediately.
LRB101 03317 RPS 48325 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Medical Patient Rights Act is amended by
adding Section 3.4 as follows:
(410 ILCS 50/3.4 new)
Sec. 3.4. Rights of women; pregnancy and childbirth.
(a) In addition to any other right provided under this Act,
every 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 her and her infant
that is consistent with current scientific evidence about
benefits and risks.
(3) The right to choose a midwife or a physician as her
maternity care provider.
(4) The right to choose her birth setting from the full
range of safe options available in her community on the
basis of complete, objective information about the
benefits, risks, and costs of those options.
(5) The right to leave her maternity caregiver and
select another if she becomes dissatisfied with her care.

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(6) The right to receive information about the
professional identity and qualifications of those involved
with her care and to know when those involved are trainees.
(7) The right to communicate with caregivers and
receive all care in privacy, which may involve excluding
nonessential personnel, and to have all personal
information treated according to standards of
confidentiality.
(8) The right to receive maternity care that identifies
and addresses social and behavioral factors that affect her
health and that of her baby.
(9) The right to full and clear information about
benefits, risks, and costs of the procedures, drugs, tests,
and treatments offered to her and of all other reasonable
options, including no intervention.
(10) The right to accept or refuse procedures, drugs,
tests, and treatments, to have her choices honored, and to
change her decision about accepting or refusing those
procedures, drugs, tests, or treatment.
(11) The right to be informed if her caregivers wish to
enroll her or her infant in a research study, to receive
full information about all known and possible benefits and
risks of participation, and to decide whether to
participate, free from coercion and without negative
consequences.
(12) The right to unrestricted access to all available

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records about her pregnancy, labor, birth, postpartum
care, and infant; to obtain a full copy of these records;
and to receive help in understanding them, if necessary.
(13) The right to receive maternity care that is
appropriate to her cultural and religious background and to
receive information in a language in which she can
communicate.
(14) The right to have family members and friends of
her choice present during all aspects of her maternity
care.
(15) The right to receive continuous social,
emotional, and physical support during labor and birth from
a caregiver who has been trained in labor support.
(16) the right to receive full advance information
about risks and benefits of all reasonably available
methods for relieving pain during labor and birth,
including methods that do not require the use of drugs; to
choose which methods will be used; and to change her
decision about using those methods at any time.
(17) The right to freedom of movement during labor,
unencumbered by tubes, wires, or other apparatuses and to
give birth in the position of her choice.
(18) The right to virtually uninterrupted contact with
her newborn from the moment of birth if she and her baby
are healthy and do not need care that requires separation.
(19) The right to receive complete information about

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the benefits of breastfeeding well in advance of labor, to
refuse supplemental bottles and other actions that
interfere with breastfeeding, and to have access to skilled
lactation support for as long as she chooses to breastfeed.
(20) The right to decide collaboratively with
caregivers when she and her baby will leave the birth site
for home, based on their conditions and circumstances.
(21) The right to be treated with respect at all times
before, during, and after pregnancy by her health care
professionals and to have a health care professional that
is culturally competent and treats her appropriately
regardless of her ethnicity, sexual orientation, or
religious background.
(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
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.
Section 99. Effective date. This Act takes effect upon
becoming law.