735 ILCS 40/28-5
Short title
Short title. This Article may be cited as the Lawful Health Care Activity Act. References in this Article to "this Act" mean this Article. (Source: P.A. 102-1117, eff. 1-13-23.)
Illinois Compiled Statutes 735 ILCS 40 — Lawful Health Care Activity Act.
Illinois · statute · 735 ILCS 40 · 15 active provisions
735 ILCS 40/28-10
Definitions
Definitions. As used in this Act: "Lawful health care" means: (1) reproductive health care that is not unlawful under the laws of this State, including on any theory of vicarious, joint, several, or conspiracy liability; or (2) the treatment of gender dysphoria or the affirmation of an individual's gender identity or g…
735 ILCS 40/28-11
Prohibited State actions
Prohibited State actions. (a) Unless otherwise necessary to comply with Illinois or federal law, the State shall not provide any information or expend or use any time, money, facilities, property, equipment, personnel, or other resources to assist any individual, or out-of-state officer, official, agency, entity, or de…
735 ILCS 40/28-12
Cause of action
Cause of action. (a) Any party aggrieved by conduct or regulation in violation of Section 28-11 of this Act may bring a civil action in a federal district court or State circuit court against the offending unit of government. Any State claim brought in federal district court shall be a supplemental claim to a federal c…
735 ILCS 40/28-13
Reservation of rights
Reservation of rights. Nothing in this Section shall be construed to narrow, restrict, or otherwise limit in any way any rights, protections, or causes of action with respect to lawful health care, including, but not limited to, any rights, protections, or causes of action set forth in the Reproductive Health Act. (Sou…
735 ILCS 40/28-14
Home rule preemption
Home rule preemption. The regulation of lawful health care activity is an exclusive power and function of the State. A home rule unit may not regulate lawful health care activity. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois C…
735 ILCS 40/28-15
Conflict of law
Conflict of law. Notwithstanding any general or special law or common law conflict of law rule to the contrary, the laws of this State shall govern in any case or controversy heard in this State related to lawful health care activity. (Source: P.A. 102-1117, eff. 1-13-23.)
735 ILCS 40/28-20
Limits on execution of foreign judgments
Limits on execution of foreign judgments. In any action filed to enforce the judgment of a foreign state, issued in connection with any litigation concerning lawful health care, the court hearing the action shall not give any force or effect to any judgment issued without jurisdiction. (Source: P.A. 102-1117, eff. 1-13…
735 ILCS 40/28-25
Severability
Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes. (Source: P.A. 102-1117, eff. 1-13-23.)
735 ILCS 40/28-30
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 102-1117, eff. 1-13-23; text omitted.)
735 ILCS 40/28-35
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 102-1117, eff. 1-13-23; text omitted.)
735 ILCS 40/28-40
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 102-1117, eff. 1-13-23; text omitted.) (735 ILCS 40/Art. 29 heading) Article 29. (The Protecting Reproductive Health Care Services Act is compiled at 740 ILCS 126/)(Source: P.A. 102-1117, eff. 1-13-23.) (735 ILCS 40/Art. 30 heading) Article 30. (Amendatory provisions…
735 ILCS 40/99-95
No acceleration or delay
No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) pr…
735 ILCS 40/99-97
Severability
Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes. (Source: P.A. 102-1117, eff. 1-13-23.)
735 ILCS 40/99-99
Effective date
Effective date. This Act takes effect upon becoming law, except that Article 16 takes effect on January 1, 2025. (Source: P.A. 102-1117, eff. 1-13-23; 103-551, eff. 8-11-23.)