HB4149 102ND GENERAL ASSEMBLY

LRB102 20011 RJF 28820 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4149

Introduced 10/19/2021, by Rep. David A. Welter, Amy Grant, Andrew S. Chesney, Chris Miller and Brad Halbrook

SYNOPSIS AS INTRODUCED:

New Act

Creates the Parental Medical Choice Act. Provides that no State or local entity, agency, institution, official, or person shall require a minor to obtain a health care service or take a health-related precaution. Provides that no State or local entity, agency, institution, official, or person shall discriminate against a minor because the child has or has not obtained a health care service or has or has not taken any health-related precaution. Provides that no public institution of higher education shall require any health care service or health-related precaution to be taken as a condition on enrollment or in-person classroom attendance. Makes other requirements concerning the prohibition against compulsory health care service or health-related precautions for children. Provides that any person aggrieved by a violation of the Act shall have a right of action in a State circuit court against an offending State or local entity, agency, institution, official, or person. Provides that a prevailing party may recover liquidated damages in the amount of $1,000 per day for the duration of a violation of the Act. Provides findings and policy provisions. Defines terms.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Parental Medical Choice Act.

Section 5. Findings. The General Assembly finds the following:

(1) that Illinois parents often hold different beliefs about whether certain health care services are morally acceptable, safe, or appropriate to be administered to children; and

(2) that Illinois parents should be the decision maker when deciding what health care measures are and are not provided or administered to their minor child and what health care precautions their children should take.

Section 10. Policy. It is the policy of the State of Illinois to respect, protect, and uphold the fundamental right of Illinois parents to make informed medical decisions on behalf of their minor children, independent from any State or local government agency.

Section 15. Definitions. As used in this Act:

"Health care" includes, but is not limited to, testing, diagnosis, prognosis, medication, vaccination, 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.

"Health-related precaution" includes facial masking or quarantining.

"Minor" means a person who has not attained the age of 18 years.

"Public institutions of higher education" has the same meaning as provided under Section 1 of the Board of Higher Education Act.

Section 20. Prohibitions.

(a) No State or local entity, agency, institution, official, or person shall require a minor to obtain a health care service or take a health-related precaution.

(b) No State or local entity, agency, institution, official, or person shall discriminate against a minor because the child has or has not obtained a health care service or has or has not taken any health-related precaution.

(c) The prohibitions contained in subsections (a) and (b) include any action that would require a private entity to enforce requirements or discriminate in a manner that a State or local entity, agency, institution, official, or person is prohibited from under subsections (a) and (b).

(d) No public institutions of higher education in this State shall require any health care service or health-related precaution to be taken as a condition on enrollment or in-person classroom attendance.

(e) Nothing in this Act shall limit the Department of Public Health from declaring and enforcing a quarantine as provided under Section 2 of the Department of Public Health Act.

Section 25. Enforcement. Notwithstanding any other statute to the contrary, any person aggrieved by a violation of this Act shall have a right of action in a State circuit court against an offending State or local entity, agency, institution, official, or person. A prevailing party may recover liquidated damages in the amount of $1,000 per day for the duration of a violation of this Act.