Health Care Right of Conscience changes will head to governor
By JERRY NOWICKI
Capitol News Illinois
jnowicki@capitolnewsillinois.com
SPRINGFIELD – The Illinois Senate joined the House on Thursday in approving a change to the Health Care Right of Conscience Act that was requested by the governor and attorney general, putting it one signature away from becoming law.
The HCRC Act currently prohibits discrimination against anyone for their “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.”
The bill passed Thursday would add language stating that it is not a violation of the law for an employer “to take any measures or impose any requirements …intended to prevent contraction or transmission of COVID-19.”
Its supporters believe the measure will clarify the legislature’s intent as a number of court cases continue through the system in which Illinoisans are challenging COVID-19 vaccine or testing requirements by citing protections afforded in the HCRC Act. It’s needed to close a legal loophole allowing people to flout those mandates, they argued.
Critics of the bill, however, argued the language is overly broad and that the Health Care Right of Conscience Act actually was intended to protect an individual’s right to make his or her own health care decisions.
It passed the Senate 31-24 just before 11 p.m. Thursday with no Republican votes. Because the bill did not receive a three-fifths majority in both chambers, its effective date is set for June 1, 2022, per a provision of the state constitution pertaining to bills passed after May 31.
Supporters, including bill sponsors Rep. Robyn Gabel, D-Elgin, and Senate President Don Harmon, D-Oak Park, argued over the past two days that the measure does not mandate vaccination.
“Contrary to rampant misinformation campaigns, this bill is not a vaccine mandate,” Gabel said Wednesday. “In fact, it does not require anyone to do anything. As the bill itself says, this is simply a declaration of existing law and shall not be construed as a new enactment.”
Harmon argued Thursday night that the existing law should not be applicable to mitigation measures aimed at slowing a deadly pandemic. Those with health care or religious concerns regarding mandate compliance can still access federal exemptions, he said in floor debate.
“The Health Care Right of Conscience Act was adopted in 1977 and was intended, I think fairly clearly, to provide protection to doctors, nurses, pharmacists, other health care professionals who, based on their own conscience, did not want to participate in certain reproductive health care services or prescriptions,” he said.
“That law, broadly drafted, is being construed today and litigation is essentially a ’I choose not to follow these rules and as justification for that I will cite the Health Care Right of Conscience Act.’ I don’t believe that is at all consistent with the original intent,” he added.
He likened the effort to use the act not to be tested to trying to avoid detection for drunk driving.
“Let’s imagine that your constituent is pulled over under suspicion of drunken driving,” Harmon said in committee discussion with Sen. Jil Tracy, R-Quincy. “Could that constituent tell the officer they would refuse a breathalyzer test on the Health Care Right of Conscience Act? Could they refuse a field sobriety test because there’s medical conditions being tested? That’s the absurd conclusion we reach if you read it as expansively as you are suggesting.”
Tracy said she disagreed with the interpretation.
“So I think that repealing this act or changing it takes away from the basic premise it was designed to do, to allow Americans, Illinoisans to invoke something that they’re not made to do that they disagree with because of their moral conscience,” she said.
More than 50,000 witness slips were filed against the bill on the General Assembly’s website. Lawmakers reported receiving hundreds of calls to their offices against the change.
Sen. Sue Rezin, R-Morris, said the HCRC Act, when initially passed, “created a line that stopped the government from forcing its citizens to receive medical procedures and services that went against their sincerely held beliefs.”
“Now, the government’s trying to erase that line,” she said. “Once again, it’s our job here today to stand for those who are standing up for themselves.”
Sen. John Curran, R-Downers Grove, said the proposal “diminishes religious protections in the workplace.”
“Today, we’re diminishing the protections in the workplace for a minor medical procedure,” he said. “My objection is not about vaccinations. I’m vaccinated. … We go down this path, we don’t know where it ends.”
Harmon said in his closing speech that lawmakers are “trying to strike a balance” between liberty and public safety,
“You’ve asked where we draw the line,” he said. “The line of my personal liberty ends at the beginning of your nose. …This law was never intended to preclude public health responses to a global pandemic.”
Capitol News Illinois is a nonprofit, nonpartisan news service covering state government and distributed to more than 400 newspapers statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.
Local News
Sorry, we couldn't find any posts. Please try a different search.
Neighbors
Orland Park Library collecting candy wrappers
Spread the loveBy Kelly White Candy has taken on a whole new life at one local library. The Orland Park Public Library, 14921 S. Ravinia Ave., Orland Park, is happy to announce the launch of its very first Trash or Treasure candy wrapper recycling campaign. The Trash or Treasure program helps reduce the waste that…
Hickory Hills adds new police officer
Spread the loveBy Nuha Abdessalam Hickory Hills Police Chief Jason Bray welcomed Andre Showers as the city’s newest police officer during last week’s city council meeting. Aldermen and the community at the April 11 meeting helped celebrate the induction of the Showers, 21. He’s an Army veteran and a 2023 Cook County Correctional Camp graduate…
Marist celebrates cultural diversity
Spread the loveBy Kelly White Marist High School appreciates the wide array of culture that walks its campus hallways on a daily basis. In order to celebrate, the high school, 4200 W. 115th St., Chicago, hosted its second annual Celebration of Culture on March 14. During the free event, students, faculty and staff represented their…
Palos Heights Knights of Columbus donate to GiGi’s Playhouse
Spread the loveGrand Knight John Laskey and Past Grand Knight Brian Mellenthin of St. Theodore Guerin Knights of Columbus Council 14057 presented a check for $1,500 to GiGi’s Playhouse of Tinley Park, one of several donations to local groups resulting from the Knights of Columbus’ Fall Tootsie Roll Drive. One of the most recognizable activities…
Worth police join task force to combat auto thefts
Spread the loveBy Joe Boyle An agreement has been reached between the villages of Worth and Thornton regarding participation in the Illinois Statewide Auto Theft Task Force. Worth Police Chief Tim Denton said the approval of the memorandum to participate in the task force is necessary. “It’s no secret that there has been an increase…
A simple idea for Earth Day
Spread the love. By Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place • (773) 517-7796 . Moving right along through April, as the days get longer and nicer, time will start to go by faster. We have Earth Day on April 22 and the start of Passover at sunset.…
Bingo at St. Clare was something to yell about
Spread the love. Kathy Headley Your correspondent in Chicago Lawn and Marquette Manor 6610 S. Francisco • (773) 776-7778 . Recently I mentioned a bingo fundraiser the Augustinian Young Adults of St. Rita of Cascia Parish were holding. This was their first attempt at a bingo and they put on a really nice event. Held…
One thing is certain: life goes on
Spread the love. Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 . I get a lot of calls from residents who are discouraged about our neighborhood. There are so many car accidents, shootings and violent crimes being committed in West Lawn and surrounding areas. It certainly is challenging to stay hopeful and positive. Here is a paragraph…
Biz groups battle over names, logos
Spread the love. UBAM, MCC trade barbs . By Dermot Connolly and Tim Hadac The leader of one Midway-area business association is accusing the other of bad faith, and the leader of the other is scratching her head over the dustup. United Business Association of Midway Executive Director Anita Cummings recently claimed that a rival…