Refusal to Provide Medical Services
ABORTION REFUSAL CLAUSE
Illinois allows certain individuals or entities to refuse to provide abortion services.
To whom does the refusal clause apply? Physicians, health care facilities, or employees thereof.
What does the refusal clause allow? No physician, health care facility, or employee thereof, objecting in writing on grounds of conscience, may be required to participate in an abortion. The refusal of a person to perform, counsel, refer, or participate in abortion may not be a basis for civil or criminal liability or for discrimination, including in employment, education, and the granting of public aid or benefits.
No employer, training institution, or other entity may refer in its application form to or orally question an applicant about refusal to participate. The refusal of a health care facility to permit, perform, counsel, refer, or participate in abortion, contrary to the facility's conscience as recorded in its governing documents, may not be a basis for civil or criminal liability or for discrimination, including in the granting of licenses, authorizations, aid, and benefits.
The refusal of an HMO, insurance company, or other health care payer to pay for abortion, contrary to the payer's conscience as recorded in its governing documents, may not be a basis for civil or criminal liability or for discrimination, including in the granting of licenses, authorizations, aid, and benefits.
Any person, association, corporation, entity, or health care facility injured by violation of these provisions may bring a claim for treble damages, and in no case for less than a specified amount for each violation, costs, and attorneys' fees. If a person, institution, or official has entered into a contract specifically to provide abortion-related services or has accepted federal or state funds for the sole purpose of permitting or providing abortion-related services, this conscience-based exemption shall not apply.
Illinois' refusal clause law does not relieve physicians or other medical personnel from legal obligations to provide emergency care.
Must the refusal be in writing? Yes.
Does the law require the refusing individual or entity to notify the persons affected? No.
Are there circumstances under which a refusal clause may not be exercised? No.
Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for abortion services? No.
Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.
745 Ill. Comp. Stat. Ann. 70/1 to 11 (Enacted 1977; Last Amended 1998); 745 Ill. Comp. Stat. Ann. 70/11.2 to 11.4 (Enacted 1998); 745 Ill. Comp. Stat. Ann. 70/12 to 14 (Enacted 1977; Last Amended 1998); 745 Ill. Comp. Stat. Ann. 30/1 (Enacted 1973); 720 Ill. Comp. Stat. Ann. 510/13 (Enacted 1975).
HEALTH CARE PROVIDER AND HEALTH CARE INSTITUTION REFUSAL CLAUSES
Illinois allows certain individuals or entities to refuse to comply with individual health care instructions or decisions based on conscience.
To whom does the refusal clause apply? Health care providers and health care institutions.
What does the refusal clause allow? No physicians or health care personnel may be found civilly or criminally liable for refusing to perform, assist, counsel, suggest, recommend, refer, or participate in a health care service for reasons of conscience. No person, association, or corporation that owns, operates, supervises, or manages a health care facility may be found civilly or criminally liable for refusing to permit or provide a health service that violates the facility's governing documents. No health care payer may be found civilly or criminally liable for refusing to pay or arrange for payment of a health care service for reasons of conscience.
It is unlawful to discriminate against a health care provider, or person, association, or corporation that owns, operates, supervises, or manages a health care facility, or health care payer for refusing to permit or provide a health service.
Does the law require the refusing entity to notify the persons affected? No.
Are there circumstances under which a refusal clause may not be exercised? No.
Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for the requested health service? No.
Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.
745 Ill. Comp. Stat. Ann. 70/1 to 11 (Enacted 1977; Last Amended 1998); 745 Ill. Comp. Stat. Ann. 70/11.2 to 11.4 (Enacted 1998); 745 Ill. Comp. Stat. Ann. 70/12 to 14 (Enacted 1977; Last Amended 1998).
