Illinois Gov. J.B. Pritzker | stock photo
+ Regulatory
Bree Gonzales | Nov 12, 2021

COVID-19 measures are not considered violations of the Health Care Right of Conscience Act

A proposal from Democratic lawmakers amending the Health Care Right of Conscience Act of 1998 has recently been signed by Illinois Gov. J.B. Pritzker (D).

Senate Bill 1169, now Public Act 102-0667, supports mandates for vaccinations and mask wearing. The initial version of the law protected doctors refusing to perform abortions and other medical procedures that were against their  beliefs. Some in Illinois have been using this law as a loophole allowing them to refuse COVID-19 vaccinations or mask mandates at their place of employment.

“This section is a declaration of existing law and shall not be construed as a new enactment,” the bill states, according to 23WIFR.

The bill says employers can fire or exclude employees for not complying with requirements.

“It is not a violation of this Act to enforce such measures or requirements, including by terminating employment or excluding individuals from a school, a place of employment, or public or private premises in response to noncompliance,” the bill reads.

The section specifically discusses 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,” the bill stated.

The lead sponsor of the legislation in the Illinois House is Rep. Robyn Gabel (D-Evanston). The bill passed both houses after it gained a 64-52 vote in the House and 31-24 vote in the Senate in concurrence to a House amendment.

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