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Full Text of HB5463  98th General Assembly

HB5463 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5463

 

Introduced , by Rep. Thomas Morrison

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Abortion Law of 1975. Adds various definitions to the Act. Provides that an abortion shall not be performed or induced without the voluntary and informed consent of the patient upon whom the abortion is to be performed or induced. Establishes what circumstances are considered informed consent. Provides that if the medical facility has the necessary equipment, consent to an abortion is voluntary and informed only if at least 24 hours before the abortion, the physician who is to perform the abortion on the pregnant woman, the referring physician, or a qualified person assisting the physician has offered the woman, orally and in person, the opportunity to: (1) view the active ultrasound image of the unborn child and hear the heartbeat of the unborn child if the heartbeat is audible; and (2) receive a physical picture of the ultrasound image of the unborn child. Provides that the Department of Public Health shall cause to be published printed materials and an informational DVD in English and Spanish within 30 days after the effective date of the amendatory Act. Provides that the materials shall include a comprehensive list of the agencies, a description of the services they offer, and the telephone numbers and addresses of the agencies, and shall inform the woman about available medical assistance benefits for prenatal care, childbirth, and neonatal care. Provides that a pregnant woman upon whom an abortion has been performed in violation of the Act, or the parent or legal guardian of that woman if she is an unemancipated minor, may commence a civil action against the abortion provider for any willful violation of the Act for actual and punitive damages.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Abortion Law of 1975 is amended by
5changing Sections 2, 10, 10.1, 11, and 12 and by adding
6Sections 3.2, 3.3, 3.4, and 11.2 as follows:
 
7    (720 ILCS 510/2)  (from Ch. 38, par. 81-22)
8    Sec. 2. Definitions. Unless the language or context clearly
9indicates a different meaning is intended, the following words
10or phrases for the purpose of this Law shall be given the
11meaning ascribed to them:
12    (1) "Viability" means that stage of fetal development when,
13in the medical judgment of the attending physician based on the
14particular facts of the case before him, there is a reasonable
15likelihood of sustained survival of the fetus outside the womb,
16with or without artificial support.
17    (2) "Physician" means any person licensed to practice
18medicine in all its branches under the Illinois Medical
19Practice Act of 1987, as amended.
20    (3) "Department" means the Department of Public Health,
21State of Illinois.
22    (4) "Abortion" means the act of using or prescribing use of
23any instrument, medicine, drug or any other substance or device

 

 

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1to terminate the pregnancy of a woman known to be pregnant with
2an intention other than to increase the probability of a live
3birth, to preserve the life or health of the child after live
4birth, or to remove a dead fetus, or to remove an ectopic
5pregnancy.
6    (5) "Fertilization" and "conception" each mean the
7fertilization of a human ovum by a human sperm, which shall be
8deemed to have occurred at the time when it is known a
9spermatozoon has penetrated the cell membrane of the ovum.
10    (6) "Fetus" and "unborn child" each mean an individual
11organism of the species homo sapiens from fertilization until
12live birth.
13    (7) "Abortifacient" means any instrument, medicine, drug,
14or any other substance or device which is known to cause fetal
15death when employed in the usual and customary use for which it
16is manufactured, whether or not the fetus is known to exist
17when such substance or device is employed.
18    (8) "Born alive", "live born", and "live birth", when
19applied to an individual organism of the species homo sapiens,
20each mean he or she was completely expelled or extracted from
21his or her mother, regardless of the state of gestational
22development, and after such separation breathed or showed
23evidence of any of the following: beating of the heart,
24pulsation of the umbilical cord, or definite movement of
25voluntary muscles, irrespective of the duration of pregnancy
26and whether or not the umbilical cord has been cut or the

 

 

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1placenta is attached.
2    (9) "Auscultation" means the act of listening for sounds
3made by internal organs of the fetus, specifically for a fetal
4heartbeat, utilizing an ultrasound transducer and fetal heart
5rate (FHR) monitor.
6    (10) "Facility" or "medical facility" means any public or
7private hospital, clinic, center, medical school, medical
8training institution, health care facility, physician's
9office, infirmary, dispensary, ambulatory surgical treatment
10center, or other institution or location wherein medical care
11is provided to any person.
12    (11) "Medical emergency" means that condition which, on the
13basis of the physician's good faith clinical judgment, so
14complicates the medical condition of a pregnant woman as to
15necessitate the immediate termination of her pregnancy to avert
16her death or for which a delay will create serious risk of
17substantial and irreversible impairment of a major bodily
18function.
19    (12) "Pregnant" or "pregnancy" means that female
20reproductive condition of having an unborn child in the woman's
21uterus.
22    (13) "Qualified person" means an agent of the physician who
23is a psychologist, licensed social worker, licensed
24professional counselor, registered nurse, or physician.
25    (14) "Ultrasound" means the use of ultrasonic waves for
26diagnostic or therapeutic purposes, specifically to monitor a

 

 

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1developing fetus.
2(Source: P.A. 85-1209.)
 
3    (720 ILCS 510/3.2 new)
4    Sec. 3.2. Informed consent requirement.
5    (a) An abortion shall not be performed or induced without
6the voluntary and informed consent of the patient upon whom the
7abortion is to be performed or induced.
8    (b) Except in the case of a medical emergency, consent to
9an abortion is voluntary and informed if and only if:
10        (1) At least 24 hours before the abortion, the
11    physician who is to perform the abortion or the referring
12    physician has informed the patient, orally and in person,
13    of the following:
14            (A) the name of the physician who will perform the
15        abortion;
16            (B) the probable gestational age of the unborn
17        child at the time the abortion is to be performed;
18            (C) the probable anatomical and physiological
19        characteristics of the unborn child at the time the
20        abortion is to be performed;
21            (D) the medical risks associated with carrying her
22        child to term;
23            (E) medically accurate information that a
24        reasonable patient would consider material to the
25        decision of whether or not to undergo the abortion,

 

 

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1        including (i) a description of the proposed abortion
2        method; (ii) the immediate and long-term medical risks
3        associated with the proposed abortion method
4        including, but not limited to, the risks of infection,
5        hemorrhage, cervical or uterine perforation, danger to
6        subsequent pregnancies, and increased risk of breast
7        cancer; and (iii) alternatives to the abortion; and
8            (F) any need for anti-Rh immune globulin therapy if
9        she is Rh negative, the likely consequences of refusing
10        the therapy, and the cost of the therapy.
11        (2) At least 24 hours before the abortion, the
12    physician who is to perform the abortion, the referring
13    physician, or a qualified person assisting the physician
14    has informed the patient, orally and in person, of the
15    following:
16            (A) medical assistance benefits may be available
17        for prenatal care, childbirth, and neonatal care, and
18        that more detailed information on the availability of
19        the assistance is contained in the printed materials
20        and informational DVD given to her and described in
21        Section 3.4;
22            (B) the printed materials and informational DVD in
23        Section 3.4 describe the unborn child and list agencies
24        that offer alternatives to abortion;
25            (C) the father of the unborn child is liable to
26        assist in the support of the child, even in instances

 

 

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1        where he has offered to pay for the abortion. In the
2        case of sexual assault or incest, this information may
3        be omitted;
4            (D) she is free to withhold or withdraw her consent
5        to the abortion at any time without affecting her right
6        to future care or treatment and without the loss of any
7        State or federally-funded benefits to which she might
8        otherwise be entitled; and
9            (E) the information contained in the printed
10        materials and informational DVD given to her, as
11        described in Section 3.4, are also available on a
12        State-maintained website.
13        (3) At least 24 hours prior to an abortion being
14    performed or induced on an unborn child who is 20 weeks
15    gestation or more, the physician performing the abortion on
16    the pregnant woman, the referring physician, or a qualified
17    person assisting the physician shall, orally and in person,
18    offer information on fetal pain to the pregnant woman. This
19    information and counseling shall include, but shall not be
20    limited to, the following:
21            (A) that, by 20 weeks, the unborn child possesses
22        all anatomical links in its nervous system (including
23        spinal cord, nerve tracts, thalamus, and cortex) that
24        are necessary in order to feel pain;
25            (B) that an unborn child who is 20 weeks gestation
26        or more is fully capable of experiencing pain;

 

 

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1            (C) a description of the actual steps in the
2        abortion procedure to be performed or induced, and at
3        which steps in the abortion procedure the unborn child
4        is capable of feeling pain;
5            (D) that maternal anesthesia typically offers
6        little pain prevention for the unborn child; and
7            (E) that an anesthetic or analgesic is available in
8        order to minimize or alleviate pain to the fetus, or
9        both.
10        (4) The information required in paragraphs (1), (2),
11    and (3) of this subsection (b) is provided to the woman
12    individually and in a private room to protect her privacy,
13    to maintain the confidentiality of her decision, and to
14    ensure that the information focuses on her individual
15    circumstances and that she has an adequate opportunity to
16    ask questions.
17        (5) At least 24 hours before the abortion, the woman is
18    given a copy of the printed materials and permitted to view
19    them or given a copy of the informational DVD described in
20    Section 3.4. If the woman is unable to read the materials,
21    they shall be read to her. If the woman asks questions
22    concerning any of the information or materials, answers
23    shall be provided to her in a language she can understand.
24        (6) Prior to the abortion, the woman certifies in
25    writing on a checklist form provided or approved by the
26    Department that the information required to be provided

 

 

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1    under paragraphs (1), (2), and (3) of this subsection (b)
2    and Section 3.4 has been provided. All physicians who
3    perform abortions shall report the total number of
4    certifications received monthly to the Department. The
5    Department shall make the number of certifications
6    received available to the public on an annual basis.
7    (c) Except in the case of a medical emergency, the
8physician who is to perform the abortion shall receive and sign
9a copy of the written certification prescribed in paragraph (6)
10of subsection (b) prior to performing the abortion. The
11physician shall retain a copy of the checklist certification
12form in the woman's medical record.
13    (d) When a medical emergency compels the performance of an
14abortion, the physician shall:
15        (1) inform the woman, before the abortion if possible,
16    of the medical indications supporting the physician's
17    judgment that an immediate abortion is necessary to avert
18    her death or that a 24-hour delay will cause substantial
19    and irreversible impairment of a major bodily function; and
20        (2) clearly certify in writing the nature of the
21    medical emergency and the circumstances which necessitated
22    the waiving of the informed consent requirements of this
23    Act. This certification shall be signed by the physician
24    who performed the emergency abortion, and shall be
25    permanently filed in both the records of the physician
26    performing the abortion and the records of the facility

 

 

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1    where the abortion takes place.
2    (e) A physician shall not require or obtain payment for a
3service provided in relation to an abortion from a patient who
4has inquired about an abortion or scheduled an abortion until
5the expiration of the 24-hour period required in paragraphs
6(1), (2), (3), and (5) of subsection (b) of this Section.
7    (f) A person who intentionally, knowingly, or recklessly
8violates the provisions of this Section commits a Class B
9misdemeanor.
 
10    (720 ILCS 510/3.3 new)
11    Sec. 3.3. Ultrasound requirement.
12    (a) If the facility has the necessary equipment, consent to
13an abortion is voluntary and informed only if, at least 24
14hours before the abortion, the physician who is to perform the
15abortion on the pregnant woman, the referring physician, or a
16qualified person assisting the physician has offered the woman,
17orally and in person, the opportunity to:
18        (1) view the active ultrasound image of the unborn
19    child and hear the heartbeat of the unborn child if the
20    heartbeat is audible; and
21        (2) receive a physical picture of the ultrasound image
22    of the unborn child.
23    (b) At the woman's request, the physician or qualified
24person assisting the physician must, at least 24 hours prior to
25the performance of the abortion:

 

 

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1        (1) provide the active ultrasound image to the pregnant
2    woman for her to view and auscultation of fetal heart tone
3    for her to hear; and
4        (2) provide a physical picture of the ultrasound image
5    of the unborn child.
6    (c) If the facility has the necessary equipment, at least
724 hours prior to the performance of the abortion, a physician
8or qualified person assisting the physician shall obtain the
9woman's signature on a certification form stating the
10following:
11        (1) that she has been offered the opportunity to view
12    the active ultrasound image of the unborn child and to hear
13    the heartbeat of the unborn child if the heartbeat is
14    audible;
15        (2) that she has been offered the opportunity to
16    receive the physical picture of the ultrasound image of the
17    unborn child; and
18        (3) that the woman either (A) requested to view the
19    active ultrasound imaging and hear auscultation of fetal
20    heart tone or receive the physical picture of the
21    ultrasound image, or both; or (B) opted not to view the
22    active ultrasound imaging and hear auscultation of fetal
23    heart tone or receive the physical picture of the
24    ultrasound image, or both.
25    (d) The active ultrasound image must be of a quality
26consistent with standard medical practice in the community,

 

 

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1shall contain the dimensions of the unborn child, and shall
2accurately portray the presence of external members and
3internal organs, if present or viewable, of the unborn child.
 
4    (720 ILCS 510/3.4 new)
5    Sec. 3.4. Publication of materials.
6    (a) The Department shall cause to be published printed
7materials and an informational DVD in English and Spanish
8within 30 days after the effective date of this amendatory Act
9of the 98th General Assembly. The Department shall develop and
10maintain a secure Internet website, which may be part of an
11existing website, to provide the information described in this
12Section. No information regarding persons using the website
13shall be collected or maintained. The Department shall monitor
14the website on a weekly basis to prevent and correct tampering.
15    On an annual basis, the Department shall review and update,
16if necessary, the following easily comprehensible printed
17materials and informational DVD:
18        (1) Geographically indexed materials that inform the
19    woman of public and private agencies and services available
20    to assist a woman through pregnancy, upon childbirth, and
21    while her child is dependent, including but not limited to
22    adoption agencies.
23        (2) A comprehensive list of the agencies, a description
24    of the services they offer, and the telephone numbers and
25    addresses of the agencies, and shall inform the woman about

 

 

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1    available medical assistance benefits for prenatal care,
2    childbirth, and neonatal care.
3    The Department shall ensure that the materials described in
4this Section are comprehensive and do not directly or
5indirectly promote, exclude, or discourage the use of any
6agency or service described in this Section. The materials
7shall also contain a toll-free, 24-hour-a-day telephone number
8which may be called to obtain information about the agencies in
9the locality of the caller and of the services they offer.
10    The materials shall state that it is unlawful for any
11individual to coerce a woman to undergo an abortion and that if
12a minor is denied financial support by the minor's parents,
13guardian, or custodian due to the minor's refusal to have an
14abortion performed, the minor shall be deemed emancipated for
15the purposes of eligibility for public-assistance benefits,
16except that the benefits may not be used to obtain an abortion.
17The materials shall also state that any physician who performs
18an abortion upon a woman without her informed consent may be
19liable to her for damages in a civil action at law and that the
20law permits adoptive parents to pay costs of prenatal care,
21childbirth, and neonatal care. The materials shall also include
22the following statement:
23    "There are many public and private agencies willing and
24able to help you to carry your child to term, and to assist you
25and your child after your child is born, whether you choose to
26keep your child or to place her or him for adoption. The State

 

 

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1of Illinois strongly urges you to contact one or more of these
2agencies before making a final decision about abortion. The law
3requires that your physician or his agent give you the
4opportunity to call agencies like these before you undergo an
5abortion."
6    (b) Materials that include information on the support
7obligations of the father of a child who is born alive,
8including but not limited to the father's legal duty to support
9his child, which may include child support payments and health
10insurance, and the fact that paternity may be established by
11the father's signature on a birth certificate, by a statement
12of paternity, or by court action. The printed material shall
13also state that more information concerning establishment of
14paternity and child support services and enforcement may be
15obtained by calling State or county public assistance agencies.
16    (c) Materials that inform the pregnant woman of the
17probable anatomical and physiological characteristics of the
18unborn child at 2-week gestational increments from
19fertilization to full term, including color photographs of the
20developing unborn child at 2-week gestational increments. The
21descriptions shall include information about brain and heart
22functions, the presence of external members and internal organs
23during the applicable stages of development, and any relevant
24information on the possibility of the unborn child's survival.
25If a photograph is not available, a picture must contain the
26dimensions of the unborn child and must be realistic. The

 

 

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1materials shall be objective, non-judgmental, and designed to
2convey only accurate scientific information about the unborn
3child at the various gestational ages.
4    (d) Materials which contain objective information
5describing the various surgical and drug-induced methods of
6abortion, and the immediate and long-term medical risks
7commonly associated with each abortion method including, but
8not limited to, the risks of infection, hemorrhage, cervical or
9uterine perforation or rupture, danger to subsequent
10pregnancies, increased risk of breast cancer, the possible
11adverse psychological effects associated with an abortion, and
12the medical risks associated with carrying a child to term.
13    (e) A uniform resource locator (URL) for the
14State-maintained website where the materials described in
15subsections (a), (b), (c), and (d) of this Section may be
16found.
17    (f) A checklist certification form to be used by the
18physician or a qualified person under paragraph (6) of
19subsection (b) of Section 3.2 of this Act, which shall list all
20the items of information which are to be given to the woman by
21a physician or the agent under this Act.
22    (g) The materials shall be printed in a typeface large
23enough to be clearly legible.
24    (h) The Department shall produce a standardized DVD that
25may be used statewide, presenting the information described in
26subsections (a), (b), (c), (d), and (e) of this Section, in

 

 

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1accordance with the requirements of those subsections. In
2preparing the DVD, the Department may summarize and make
3reference to the printed comprehensive list of geographically
4indexed names and services described in subsection (a) of this
5Section. The DVD shall, in addition to the information
6described in subsections (a), (b), (c), (d), and (e) of this
7Section, show an ultrasound of the heartbeat of an unborn child
8at 4 to 5 weeks gestational age, at 6 to 8 weeks gestational
9age, and each month thereafter, until viability. That
10information shall be presented in an objective, unbiased manner
11designed to convey only accurate scientific information.
12    (i) The materials required under this Section and the DVD
13described in subsection (h) of this Section shall be available
14at no cost from the Department upon request and in appropriate
15number to any person, facility, or hospital.
 
16    (720 ILCS 510/10)  (from Ch. 38, par. 81-30)
17    Sec. 10. For the purpose of promoting maternal health and
18adding to the sum of medical and public health knowledge
19through the compilation of relevant data, a A report of each
20abortion performed shall be made to the Department on forms
21prescribed by it. Such report forms shall not identify the
22patient by name, but by an individual number to be noted in the
23patient's permanent record in the possession of the physician,
24and shall include information concerning:
25    (1) Identification of the physician who performed the

 

 

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1abortion and the facility where the abortion was performed and
2a patient identification number;
3    (2) State in which the patient resides;
4    (3) Patient's date of birth, race and marital status;
5    (4) Patient's number Number of prior pregnancies and prior
6abortions;
7    (5) Date of last menstrual period;
8    (6) Type of abortion procedure performed or prescribed;
9    (7) Complications and whether the abortion resulted in a
10live birth;
11    (8) The date the abortion was performed;
12    (9) Medical indications for any abortion performed when the
13fetus was viable;
14    (10) The information required by Sections 6(1)(b) and
156(4)(b) of this Act, if applicable;
16    (11) Basis for any medical judgment that a medical
17emergency existed when required under Sections 6(2)(a) and 6(6)
18and when required to be reported in accordance with this
19Section by any provision of this Law; and
20    (12) The pathologist's test results pursuant to Section 12
21of this Act; .
22    (13) The probable gestational age of the unborn child;
23    (14) Preexisting medical conditions of the patient which
24would complicate pregnancy, if any;
25    (15) Identification of the referring physician, agency, or
26service, if any. Notwithstanding any provision of law to the

 

 

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1contrary, the Department shall ensure that the identification
2of any physician or other health care provider reporting under
3this Section shall not be released or otherwise made available
4to the general public;
5    (16) Basis for any medical judgment that a medical
6emergency existed which excused the physician from compliance
7with any provision of this Act; and
8    (17) The length and weight of the aborted child for any
9abortion performed under a medical emergency as defined in
10paragraph (11) of Section 2 of this Act.
11    Such form shall be completed by the hospital or other
12licensed facility, signed by the physician who performed the
13abortion or pregnancy termination, and transmitted to the
14Department not later than 10 days following the end of the
15month in which the abortion was performed.
16    In the event that a complication of an abortion occurs or
17becomes known after submission of such form, a correction using
18the same patient identification number shall be submitted to
19the Department within 10 days of its becoming known.
20    The Department may prescribe rules and regulations
21regarding the administration of this Law and shall prescribe
22regulations to secure the confidentiality of the woman's
23identity in the information to be provided under the "Vital
24Records Act". All reports received by the Department shall be
25treated as confidential and the Department shall secure the
26woman's anonymity. Such reports shall be used only for

 

 

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1statistical purposes.
2    Upon 30 days public notice, the Department is empowered to
3require reporting of any additional information which, in the
4sound discretion of the Department, is necessary to develop
5statistical data relating to the protection of maternal or
6fetal life or health, or is necessary to enforce the provisions
7of this Law, or is necessary to develop useful criteria for
8medical decisions. The Department shall annually report to the
9General Assembly all statistical data gathered under this Law
10and its recommendations to further the purpose of this Law.
11    The requirement for reporting to the General Assembly shall
12be satisfied by filing copies of the report with the Speaker,
13the Minority Leader and the Clerk of the House of
14Representatives and the President, the Minority Leader and the
15Secretary of the Senate and the Legislative Research Unit, as
16required by Section 3.1 of "An Act to revise the law in
17relation to the General Assembly", approved February 25, 1874,
18as amended, and filing such additional copies with the State
19Government Report Distribution Center for the General Assembly
20as is required under paragraph (t) of Section 7 of the State
21Library Act.
22(Source: P.A. 84-1438.)
 
23    (720 ILCS 510/10.1)  (from Ch. 38, par. 81-30.1)
24    Sec. 10.1. Any physician who diagnoses a woman as having
25complications, requiring medical treatment, or suffering death

 

 

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1as the primary, secondary or tertiary result of resulting from
2an abortion shall report, within a reasonable period of time,
3the diagnosis and a summary of the complications of her
4physical symptoms to the Illinois Department of PublicHealth.
5The report shall be filed within 30 days of the discharge or
6death of the patient. Each report shall contain, at minimum,
7the following information:
8        (1) patient's date of birth, race, and marital status;
9        (2) patient's number of prior pregnancies and prior
10    abortions;
11        (3) the date the abortion was performed, the reason for
12    the abortion if known, and the method used if known;
13        (4) the type or classification of the facility where
14    the abortion was performed;
15        (5) the name or location of the facility where the
16    abortion was performed, if known;
17        (6) the specific complications that led to the
18    treatment, including, but not limited to, failure to
19    actually terminate the pregnancy, missed ectopic
20    pregnancy, uterine perforation, cervical perforation,
21    incomplete abortion (retained tissue), bleeding infection,
22    hemorrhage, blood clots, cardiac arrest, respiratory
23    arrest, pelvic inflammatory disease, damage to pelvic
24    organs, endometritis, renal failure, metabolic disorder,
25    shock, embolism, free fluid in the abdomen, acute abdomen,
26    adverse reaction to anesthesia or other drugs, hemolytic

 

 

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1    reaction due to the administration of ABO-incompatible
2    blood or blood products, hypoglycemia where onset occurs
3    while patient is being cared for in the abortion facility,
4    physical injury associated with therapy performed in the
5    abortion facility, coma, death, and psychological or
6    emotional complications including but not limited to
7    depression, suicidal ideation, anxiety, and sleep
8    disorders; and
9        (7) the amount billed to cover the treatment of the
10    specific complications, including whether the treatment
11    was billed to Medicaid, insurance, private pay, or other
12    method. This should include charges from any physician,
13    hospital, emergency room, prescription or other drugs,
14    laboratory tests, and any other costs for the treatment
15    rendered. in accordance with procedures and upon forms
16    required by such Department. The Department of Public
17    Health shall define the complications required to be
18    reported by rule. The complications defined by rule shall
19    be those which, according to contemporary medical
20    standards, are manifested by symptoms with severity equal
21    to or greater than hemorrhaging requiring transfusion,
22    infection, incomplete abortion, or punctured organs. If
23    the physician making the diagnosis of a complication knows
24    the name or location of the facility where the abortion was
25    performed, he shall report such information to the
26    Department of Public Health.

 

 

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1    Any physician who intentionally violates this Section
2shall be subject to revocation of his license pursuant to
3paragraph (22) of Section 22 of the Medical Practice Act of
41987.
5(Source: P.A. 85-1209.)
 
6    (720 ILCS 510/11)  (from Ch. 38, par. 81-31)
7    Sec. 11. Violations.
8    (1) Any person who intentionally violates any provision of
9this Law commits a Class A misdemeanor unless a specific
10penalty is otherwise provided. Any person who intentionally
11falsifies any writing required by this Law commits a Class A
12misdemeanor.
13    Intentional, knowing, reckless, or negligent violations of
14this Law shall constitute unprofessional conduct which causes
15public harm under Section 22 of the Medical Practice Act of
161987, as amended; Section 70-5 of the Nurse Practice Act, and
17Section 21 of the Physician Assistant Practice Act of 1987, as
18amended.
19    Intentional, knowing, reckless or negligent violations of
20this Law will constitute grounds for refusal, denial,
21revocation, suspension, or withdrawal of license, certificate,
22or permit under Section 30 of the Pharmacy Practice Act, as
23amended; Section 7 of the Ambulatory Surgical Treatment Center
24Act, effective July 19, 1973, as amended; and Section 7 of the
25Hospital Licensing Act.

 

 

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1    (2) Any hospital or licensed facility which, or any
2physician who intentionally, knowingly, or recklessly fails to
3submit a complete report to the Department in accordance with
4the provisions of Section 10 or 10.1 of this Law and any person
5who intentionally, knowingly, recklessly or negligently fails
6to maintain the confidentiality of any reports required under
7this Law or reports required by Sections 10.1 or 12 of this Law
8commits a Class B misdemeanor.
9    Upon conviction, the hospital or licensed facility shall:
10        (A) Have its license suspended for a period of 6 months
11    for the first violation.
12        (B) Have its license suspended for a period of one year
13    for the second violation.
14        (C) Have its license revoked upon a third or subsequent
15    violation.
16    (3) Any person who sells any drug, medicine, instrument or
17other substance which he knows to be an abortifacient and which
18is in fact an abortifacient, unless upon prescription of a
19physician, is guilty of a Class B misdemeanor. Any person who
20prescribes or administers any instrument, medicine, drug or
21other substance or device, which he knows to be an
22abortifacient, and which is in fact an abortifacient, and
23intentionally, knowingly or recklessly fails to inform the
24person for whom it is prescribed or upon whom it is
25administered that it is an abortifacient commits a Class C
26misdemeanor.

 

 

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1    (4) Any person who intentionally, knowingly or recklessly
2performs upon a woman what he represents to that woman to be an
3abortion when he knows or should know that she is not pregnant
4commits a Class 2 felony and shall be answerable in civil
5damages equal to 3 times the amount of proved damages.
6(Source: P.A. 95-639, eff. 10-5-07; 95-689, eff. 10-29-07;
795-876, eff. 8-21-08.)
 
8    (720 ILCS 510/11.2 new)
9    Sec. 11.2. Private right of action. A pregnant woman upon
10whom an abortion has been performed in violation of this Act,
11or the parent or legal guardian of that woman if she is an
12unemancipated minor, may commence a civil action against the
13abortion provider for any willful violation of this Act for
14actual and punitive damages.
 
15    (720 ILCS 510/12)  (from Ch. 38, par. 81-32)
16    Sec. 12. Tissue examination.
17    (a) When an abortion is performed during the first
18trimester of pregnancy, the tissue that is removed shall be
19subjected to a gross or microscopic examination, as needed, by
20the physician or a qualified person designated by the physician
21to determine if a pregnancy existed and was terminated. If the
22examination indicates no fetal remains, that information shall
23immediately be made known to the physician and sent to the
24Department within 7 days of the analysis.

 

 

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1    (b) When an abortion is performed after the first trimester
2of pregnancy, the physician must certify whether or not the
3child was viable. The dead unborn child fetus and all tissue
4removed at the time of abortion shall be submitted for a gross
5and microscopic analysis and tissue report to a board eligible
6or certified pathologist as a matter of record in all cases.
7The results of the analysis and report shall be given to the
8physician who performed the abortion within 7 days of the
9abortion and such physician shall report any complications
10relevant to the woman's medical condition to his patient within
1148 hours of receiving a report if possible. Any evidence of
12live birth or of viability shall be reported within 7 days, if
13possible, to the Department by the pathologist. Intentional
14failure of the pathologist to report any evidence of live birth
15or of viability or lack of evidence of fetal remains to the
16Department is a Class B misdemeanor.
17(Source: P.A. 83-1128.)

 

 

HB5463- 25 -LRB098 19271 RLC 54423 b

1 INDEX
2 Statutes amended in order of appearance
3    720 ILCS 510/2from Ch. 38, par. 81-22
4    720 ILCS 510/3.2 new
5    720 ILCS 510/3.3 new
6    720 ILCS 510/3.4 new
7    720 ILCS 510/10from Ch. 38, par. 81-30
8    720 ILCS 510/10.1from Ch. 38, par. 81-30.1
9    720 ILCS 510/11from Ch. 38, par. 81-31
10    720 ILCS 510/11.2 new
11    720 ILCS 510/12from Ch. 38, par. 81-32