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HB 3853

PROTECT MEDICAL EQUIP FREEDOM

104th Regular Session Introduced by Murri Briel and 13 co-sponsors

Protects the right to wear protective medical gear in public, bans discrimination/retaliation against wearers, and empowers the Illinois attorney general to enforce.

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Bill Summary · HB 3853

Summary of HB 3853 – Protective Medical Equipment Freedom Act (Illinois)

Overview

HB 3853 proposes a new Act to protect individuals’ rights to wear protective medical equipment in places of public accommodation. The bill would prohibit discrimination, retaliation, or penalties against medical device wearers and would empower the Illinois Attorney General to enforce the provisions, including developing a complaint process and pursuing civil actions for violations. If enacted, the Act would take effect immediately.

Purpose

  • Ensure that individuals can wear protective medical equipment (e.g., masks, respirators, gloves, face shields, gowns, etc.) in public settings without needing to disclose health status or protected information.
  • Prevent discrimination or punitive actions against wearers by businesses, employers, or public officials.
  • Balance protection for individuals with reasonable security and operational safety considerations.

Key Provisions

  • Right to Wear: Every individual has the right to wear protective medical equipment in any place of public accommodation where they may be present lawfully, without obligation to disclose health information.
  • Nondiscrimination: Operators and public officials must not discriminate against or penalize wearers for exercising this right. Discrimination can include denial of service, eviction, harassment, or adverse actions by employers (e.g., hostile work environment, termination).
  • Protection Against Retaliation: The Act bars retaliation against wearers or those reporting violations. Retaliation can include intimidation, denial of service, pay/hours changes, disciplinary action, or reassignment.
  • Exceptions:
    • Security requirements: Protective equipment may be temporarily removed upon request if reasonable accommodation is offered.
    • Operational safety: Some equipment may be restricted if it interferes with safety or machinery operation, provided an alternative protection is offered.
  • Enforcement and Penalties:
    • The Illinois Attorney General is responsible for enforcement and for establishing rules and a complaints process.
    • The AG may initiate civil actions for violations, with a statute of limitations of two years after the occurrence.
    • The AG may conduct a preliminary investigation or compel testimony as part of enforcement.

Definitions (Selected)

  • Protective medical equipment: Masks/respirators (e.g., KN-95, N-95, FFP-2/3), elastomeric respirators, PAPRs, gas masks, gloves, face shields, protective eyewear, gowns, etc.
  • Place of public accommodation: Broadly includes lodging, restaurants, theaters, museums, parks, schools, transit facilities, gyms, offices, healthcare settings, shopping areas, and other common public venues.
  • Operator: Owners, managers, or employees of places of public accommodation.
  • Public official: State or agency employees, including subdivisions and educational institutions.
  • Medical device wearer: An individual using protective medical equipment.

Affected Parties

  • Individuals who wear protective medical equipment.
  • Operators and employees of public accommodations and related venues.
  • Employers (regarding workplace policies and potential disciplinary actions).
  • Law enforcement and security personnel (in context of safety-related restrictions).
  • The Illinois Attorney General (enforcement and rulemaking).

Legislative History and Status

  • Introduced: February 18, 2025 (Primary sponsor: Rep. Hoan Huynh; co-sponsors include Theresa Mah).
  • Referred to Rules; reassigned to Judiciary - Civil; later referred to Human Services (as of March 27, 2025).
  • Notable co-sponsors added progressively, including Rep. Abdelnasser Rashid (added May 29, 2025) and other cosponsors throughout early 2025.
  • Status: Introduced and progressing through committee referrals with multiple co-sponsors.

Sponsors

Primary sponsor: Rep. Hoan Huynh
Cosponsors include: Rep. Theresa Mah, Rep. Camille Lilly, Rep. Anne Stava, Rep. Nicolle Grasse, Rep. Michael Crawford, Rep. Gregg Johnson, Rep. Nabeela Syed, Rep. Michelle Mussman, Rep. Abdulnasser Rashid, Rep. Barbara Hernandez, Rep. Will Guzzardi, Rep. Amy Briel, Rep. Kevin Olickal, among others.

This summary presents the bill’s core aims, provisions, and potential impact in clear, nonpartisan terms to help readers understand what HB 3853 would change if enacted.

Compiled from official sources — confirm details with the bill’s official record.

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