Pritzker looks to clarify law used to dodge vaccine mandate - khqa.com
SPRINGFIELD, Ill. (WICS/WRSP) — The governor is trying to close a loophole aimed at his school vaccine mandate.
Illinois school staff is required to be vaccinated against COVID-19 or get tested for the virus each week.
However, some staff are suing their districts, saying those are medical procedures that go against their conscience.
The argument utilizes a 1998 law called the Health Care Right of Conscience Act, or the HCRCA.
The law prohibits, "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. "
In short, it says you can't discriminate against employees for refusing a form of medical care they don't agree with.
It wasn't passed with a global pandemic in mind, and that's why some state leaders want the law clarified.
Jacksonville School District 117 Superintendent Steve Ptacek wants to enforce the governor's vaccine mandate, but if he does, he fears he'll end up in court.
Right now, they're enforcing it with the exception of excluding unvaccinated teachers unwilling to be tested under this state statute.
"We're not resistant to efforts to keep our students safe. We just need to protect our taxpayers," Ptacek explained.
Some of his teachers are threatening to sue under the HCRCA, and according to the law, they're entitled to three times their lost wages, plus legal fees and damages if they win.
If a teacher's salary is $50,000, they could win more than $150,000, plus other fees.
Ptacek asked the state in a September letter to help his district defend the state mandate.
He never got a response.
On Tuesday, Newschannel 20 asked Gov. JB Pritzker how he would support districts like Jacksonville, whose teachers are threatening to sue over vaccine mandate enforcement.
"I've been supporting the Attorney General's move to defend our mandates across the state," Pritzker said. "It's very important."
The governor went on to call the lawsuits questioning his mandates "extraordinarily irresponsible."
Wednesday, Pritzker's office sent us this statement:
The Healthcare Right of Conscience Act was never intended to allow people to avoid public health guidance during a global pandemic. The administration supports efforts to clarify the law, so it cannot be misinterpreted by fringe elements.
The soonest opportunity to do that would be at next week's congressional veto session.
Republican Senator Steve McClure says he does not support amending the law.
He says changing the HCRCA is a big deal and should be given ample discussion in the spring session, rather than the veto session.
"Many people disagree with certain treatments based on their religious beliefs, so it's not just the medical personnel that need to be protected with this, its also the patient themselves," McClure said.
But Ptacek says school districts may not be able to wait that long.
"I think, for everyone's interest, it would be best if they just clarified the issue next week," Ptacek said.
Rep. Jonathon Carrol, D-Northbrook, tells us in a statement, "I’m sure people have their reasons for not wanting to get vaccinated. It’s a shame that this is now a political issue. We need people to get vaccinated in order to return to normal."
Lawmakers return to Springfield for the veto session on Monday.
source: https://khqa.com/news/local/pritzker-looks-to-clarify-law-used-to-dodge-vaccine-mandate
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