Gov. Pritzker Signs COVID-19 Changes To 'Right Of Conscience' Law

SPRINGFIELD, IL — Gov. J.B. Pritzker signed legislation modifying the Illinois Health Care Right of Conscience Act to eliminate the potential for conscientious objections to COVID-19 vaccination and testing mandates.

While most of Pritzker's coronavirus pandemic-related policies have been adopted via executive order, the governor needed the assistance of the legislature to modify the right of conscience act, which was established to protect health care professionals who have moral objections to various legal medical treatments, such as contraceptives and abortion.

The governor and members of the Democratic Party's state House and Senate supermajorities have described the amendment as a clarification of the original legislative intent of the act, originally passed in 1977 and modified several times subsequently.

“Masks, vaccines, and testing requirements are life-saving measures that keep our workplaces and communities safe,” Pritzker said, announcing the bill signing.

“Keeping workplaces safe is a high priority," he added. "I applaud the General Assembly for ensuring that the Health Care Right of Conscience Act is no longer wrongly used against institutions who are putting safety and science first.”

State Rep. Robyn Gabel (D-Evanston) sponsored the amendment, which last month passed the House 64-52 before the Senate approved it by a vote of 31-24. All Republicans in both chambers opposed the bill, while 19 Democratic legislators either voted against or did not vote on the bill.

In a statement announcing the bill signing, Gabel thanked Pritzker for his signature on the measure.

“Today we are taking critical action to protect people in high-risk environments—such as hospitals, veterans’ homes and schools—from the dangers of COVID-19,” Gabel said. “While this law will not take away anyone’s right to claim exemptions based on religion or medical need, it prevents a small group of people from distorting the meaning of the Health Care Right of Consciousness Act and putting some of our most vulnerable members of society in danger.”

The right of conscience act has been "improperly invoked" during the COVID-19 pandemic by workers looking to avoid vaccination, coronavirus testing and mask mandates, according to the governor's office, which suggested the threat of litigation in response to such policies put the public at risk.

House Speaker Emanuel "Chris" Welch (D-Westchester) said that the amendment has no effect on people's rights under federal law to claim religious or medical exemptions to vaccine mandates or other measures aimed at reducing the spread of COVID-19.

"While only a small minority of people are skirting COVID-19 requirements," Welch said, "our goal is to make sure workers in high-risk environments are doing what’s needed to fulfill their responsibility to public health and keep everyone alive and healthy."

Under the amended law, businesses and governments may enforce any measures "intended to prevent contraction or transmission or COVID-19 or any pathogens that result in COVID-19 or any of its subsequent iterations" without running afoul of the right of conscience act.

Because of the margin of passage during a fall veto session, the bill does not take effect until June 1, 2022. If the Illinois General Assembly takes up the matter again early next year, the law could be made immediately effective without needing any additional support in either chamber.

Read More:

• Judge Blocks Firing Of NorthShore Nurses Who Decline Vaccination
• Health Care Right Of Conscience Change Headed To Governor's Desk
• Amendment To Health Care Right Of Conscience Act Passes Illinois House