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HB 4876 was introduced in the House on 2/7/2024. This bill is sponsored by Representative Anne Stava-Murray.
HB 4876 adds the denial of primary care services for a child, including vaccines, to the definition of an "abused child" and other changes to Abused and Neglected Child Reporting Act and removes conditional criteria for allowing a minor to consent to health care services. Current law allows minors to consent to "primary care services" (which can include vaccines) when certain criteria is met. The changes proposed by this bill, however, remove all criteria currently required for a minor to be considered a "minor seeking care" and able to provide consent for themselves and gives the physician sole discretion for making this determination. These changes are part of a larger minor consent bill that adds the denial of abortion services and gender-affirming services to the criteria for an abused child. NVIC does not take a position on provisions in this bill unrelated to vaccination.
SECTION 5. of HB 4876 amends 325 ILCS 5/3 related to the "Abused and Neglected Child Reporting Act." HB 4876 amends the Abused and Neglected Child Reporting Act by adding the denial of primary care services, including vaccination, to the definition of "abused child" defined in 325 ILCS 5/3 definitions. The new code proposed in subsection (j)(1) adds denying a child "necessary medical care" to the definition criteria of an abused child. This subsection does not define what the state views as "necessary medical care," and whether or not that includes vaccinations.
SECTION 10. of HB 4876 amends 410 ILCS 210/1.5, "The Consent by Minors to Health Care Services Act" by adding abortion and gender-affirming services to the list of services that a physician, advanced practice registered nurse, physician assistant, chiropractic physician, or optometrist may deem a minor to have the legal capacity to consent to.
Subsection (a)(1) is renumbered to (a) and subsections (2), (2)(A), (2)(B), (2)(C), (2)(D), (2)(E), and (2)(F) are removed from code. These subsections provide conditions under which a physician, advanced practice registered nurse, physician assistant, chiropractic physician, or optometrist may deem a minor to have the legal capacity to consent to services. Under existing law, repealed by this bill, the minor may be deemed a "minor seeking care" and, thus, may be deemed eligible to consent to services if they are identified in writing as a minor seeking care by (A) an adult relative, (B) a representative of a homeless service agency, (C) an attorney licensed in the state, (D) a public school homeless liaison or social worker, (E) a social service agency, or (F) a representative of a religious organization.
As used in this bill, existing law 410 ILCS 210/1.5 (e) defines a "minor seeking care" as a person at least 14 years of age but less than 18 years of age who is living separate and apart from his or her parent or legal guardian, with or without the consent of a parent or legal guardian who is unable or unwilling to return to the residence of a parent, and who is managing his or her own personal affairs. "Minor seeking care" does not include minors who are under the protective custody, temporary custody, or guardianship of the Department of Children and Family Services.
As used in this bill, existing law 410 ILCS 210/1.5 (e) defines "primary care services" as health care services that include screening, counseling, vaccinations, medication, and treatment of illness and conditions customarily provided by licensed health care professionals in an out-patient setting; eye care services, excluding advanced optometric procedures provided by optometrists; and services provided by chiropractic physicians according to the scope of practice of chiropractic physicians under the Medical Practice Act of 1987. "Primary care services" does not include invasive care, beyond standard injections, laceration care, or non-surgical fracture care.
NVIC OPPOSES HB 4876 because it criminalizes parents who object to vaccination based on medical or religious grounds. Religious and medical objections to vaccination are recognized by Illinois statutes 105 ILCS 5/27-8.1 as legal exemption options to required childhood vaccinations. This bill criminalizes the legal and constitutionally protected exercise of religious liberty in objecting to childhood vaccination based on religious beliefs and the exercise of medical exemptions also legalized by state statutes. This bill also does not define "necessary medical care." It is unknown how the state determines what is medically "necessary." Additionally, this bill removes provisions that constitute whether a minor can give consent to health care that act as a barrier of protection against vaccinating a minor without parental consent. A minor child may not be capable of fully understanding the risks and benefits associated with vaccination, including their own medical history, family medical history, contraindications to vaccination, and religious or conscientious objections to vaccination in order to give fully-informed consent. A minor child may feel pressure to vaccinate against their best interest simply because a health care professional advises it. Vaccination decisions should remain in the hands of parents who know their child's needs better than anyone. This bill language unilaterally grants authority to the health care professional to decide if a child understands the risks and benefits. These decisions should be left to the minor child's parent or guardian. NVIC opposes minor consent under any circumstance. NVIC does not take a position on any part of this bill unrelated to vaccinations. NVIC is opposed to all vaccine mandates. All vaccines are pharmaceutical products that carry the risk of injury and even death. NVIC supports the right to informed consent, which includes the right to refuse without coercion or threat of punishment.
https://www.ilga.gov/legislation/BillStatus.asp?DocNum=4876&GAID=17&DocTypeID=HB&SessionID=112&GA=103 - text, status, and history of HB 4876
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