"Health Care Right of Conscience Act" sets forth a general grant of a right of conscience to all physicians, health care personnel, health care facilities, and health care payers.

"Physicians and health care personnel" are granted the right to refuse " to perform, assist, counsel, suggest, recommend, refer or participate in anyway in any particular form of health care services which is contrary to the conscience of such physician or health care personnel."

A similar right is granted to health care facilities. Further, health care payers are also granted the right to refuse "to pay for or arrange for the payment of any particular form of health care services that violate the health care payer's conscience as documented in its ethical guidelines, mission statement, constitution, bylaws, articles of incorporation, regulations, or other governing documents. "

Conscience means "A sincerely held set of moral convictions arising from belief in a relation to God, or which, though not so derived, arises from a place in the life of its possessor parallel to that filled by God among adherents to religious faiths."

A health care facilities' or health care plans' conscientiously held beliefs must be "documented in its existing or proposed ethical guidelines, mission statement, constitution, bylaws, articles of incorporation, regulations or other governing documents."

Essentially, state law allows a physician, other health care personnel and health care facilities to refuse to participate in health care services against their sincerely held moral beliefs. The only exception the law allows is any duty to provide emergency medical care.

Nothing relieves the physician or other health care personnel from duty to provide care and treatment in accordance with medical standards. Finally, the Right of Conscience Act supercedes all other laws to the extent that any Acts or parts of Acts are inconsistent with the terms or operations of this Act.

The Illinois Living Will Act, which establishes a declaration with respect to future health Care services, recognizes a physician's right to refuse to participate in the wishes of a Patient under a Living Will. If the physician refuses to carry out the patient's wishes, then the physician must inform the patient or the person in the highest level in statutory list of decision makers that he will not comply.

The Powers of Attorney for Health Care Law recognizes a health care providers professionals right to refuse to participate in a patient's health care decision because of a conscience objection. Under this Act, the health care provider must do the following

a. Promptly inform the patient's agent of the refusal to comply with a directive

b. Make reasonable arrangements to transfer a patient to another health care provider.

c. Provide all necessary care for the transfer

The Health Care Surrogate Act recognizes a health care provider (professionals or facilities) right of conscience with a reference to personal beliefs which arguably is broader than the definition of "conscience" under the Right of Conscience Act. The health care provider which refuses to provide care must then assist in a timely transfer of the patient to another provider.

The Illinois Public Aid Code provision establishing the system for integrated health care Services requires the Department of Public Aid to recognize health care providers right of conscience under the Health Care Right of Conscience Act in all contracts for services.

The Catholic Medical Association of Illinios 

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