Months ago, while researching Tort Immunity (745 ILCS 10) for schools regarding personal liability, I always tend to read everything before and after a particular statute to get a bigger picture. A little farther down the list was the Health Care Right of Conscience Act. Any political agenda related to masks and vaccines clearly wouldn't bring this set of laws into the light, as it would hurt their case. So its really up to the citizens to research the laws already put in place to protect us. I believe this law could likely be used in the debate on requiring masks. But even more likely in the sudden push for mandating vaccines for various public and private employees. Inevitably this will escalate to having children being required to have vaccines to attend school, or else face an onslaught of required medical tests on a weekly basis, even if you are not sick. Below is the actual law, with particular sections of interest highlighted.
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CIVIL IMMUNITIES (745 ILCS 70/) Health Care Right of Conscience Act.
Findings and policy. The General Assembly finds and declares that people and organizations hold different beliefs about whether certain health care services are morally acceptable. It is the public policy of the State of Illinois to respect and protect the right of conscience of all persons who refuse to obtain, receive or accept, or who are engaged in, the delivery of, arrangement for, or payment of health care services and medical care whether acting individually, corporately, or in association with other persons; and to prohibit all forms of discrimination, disqualification, coercion, disability or imposition of liability upon such persons or entities by reason of their refusing to act contrary to their conscience or conscientious convictions in providing, paying for, or refusing to obtain, receive, accept, deliver, pay for, or arrange for the payment of health care services and medical care. It is also the public policy of the State of Illinois to ensure that patients receive timely access to information and medically appropriate care.
(745 ILCS 70/3) Definitions. As used in this Act, unless the context clearly otherwise requires:
(e) "Conscience" means a sincerely held set of moral convictions arising from belief in and 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;
(745 ILCS 70/5) Discrimination. It shall be unlawful for any person, public or private institution, or public official to discriminate against any person in any manner, including but not limited to, licensing, hiring, promotion, transfer, staff appointment, hospital, managed care entity, or any other privileges, because of such person's conscientious refusal to receive, obtain, accept, perform, assist, counsel, suggest, recommend, refer or participate in any way in any particular form of health care services contrary to his or her conscience.
(745 ILCS 70/7) Discrimination by employers or institutions. It shall be unlawful for any public or private employer, entity, agency, institution, official or person, including but not limited to, a medical, nursing or other medical training institution, to deny admission because of, to place any reference in its application form concerning, to orally question about, to impose any burdens in terms or conditions of employment on, or to otherwise discriminate against, any applicant, in terms of employment, admission to or participation in any programs for which the applicant is eligible, or to discriminate in relation thereto, in any other manner, on account of the applicant's refusal to receive, obtain, accept, perform, counsel, suggest, recommend, refer, assist or participate in any way in any forms of health care services contrary to his or her conscience.
(745 ILCS 70/12) Actions; damages. Any person, association, corporation, entity or health care facility injured by any public or private person, association, agency, entity or corporation by reason of any action prohibited by this Act may commence a suit therefor, and shall recover threefold the actual damages, including pain and suffering, sustained by such person, association, corporation, entity or health care facility, the costs of the suit and reasonable attorney's fees; but in no case shall recovery be less than $2,500 for each violation in addition to costs of the suit and reasonable attorney's fees. These damage remedies shall be cumulative, and not exclusive of other remedies afforded under any other state or federal law.
(745 ILCS 70/14) Supersedes other Acts. This Act shall supersede all other Acts or parts of Acts to the extent that any Acts or parts of Acts are inconsistent with the terms or operation of this Act.
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So.... When you hear publicly elected officials, or public employers such as schools talk about Tort Immunity, the last section of this act states that this supersedes all other acts, including the Tort Immunity Act. And in just September 2020 a court ruling confirms that violating this act TRUMPS the tort immunity act. Unless schools want to mess around and find out, I would caution such conditions for continued employment at a school based on choice to wear masks, vaccination status, or attempts at forced weekly testing. The court ruling was Sandra Rojas V. Winnebago County Health Dept, viewable here:
Going forward, what healthcare or public school employees need to focus on is the following:
*Write up a request to honor religious exemption to opt out of vaccines and testing.
*Religious exemption must be based faith, and have conflict with your conscience.
*It cannot be something that is disproven in court (ex; I have read studies on something)
*Quitting your job will eliminate your chances in court with 745 ILCS 70.
*They will have to deny your religious exemption and then fire you.
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