Public Act 102-667--Health Care Right of Conscience Act

Posted on: 17 November 2021
By: Brandon K. Wright

Public Act 102-667 passed by a vote of 64-52-2 (in the House) and 31-24 (in the Senate), and was signed into law by Governor Pritzker November 8, 2021. The law adds the following language to the Illinois Health Care Right of Conscience Act:

It is not a violation of this Act to enforce such measures or requirements [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]. This Section is a declaration of existing law and shall not be construed as a new enactment. Accordingly, this Section shall apply to all actions commenced or pending on or after the effective date of this amendatory Act of the 102nd General Assembly. Nothing in this Section is intended to affect any right or remedy under federal law.

The law, which failed to clear the 3/5 threshold required by the Illinois Constitution, will not take effect until June 1, 2022. Because the law states that it is intended to be a clarification of the existing HCRCA that is declarative of existing law, it should be persuasive as to any litigation pending on these issues prior to its effective date, but with a number of cases pending challenging vaccination and testing mandates under the HCRCA, we will continue to monitor the direction those cases take.

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Public Act 102-667--Health Care Right of Conscience Act

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