Rep. Barbara Flynn Currie
Filed: 3/31/2009
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1 | AMENDMENT TO HOUSE BILL 2354
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2 | AMENDMENT NO. ______. Amend House Bill 2354, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the | ||||||
6 | Reproductive Health and Access Act. | ||||||
7 | Section 5. Findings and policy. The General Assembly finds | ||||||
8 | and declares that every healthcare professional possesses a | ||||||
9 | fundamental right of religious liberty and that every | ||||||
10 | individual possesses a fundamental right of privacy with | ||||||
11 | respect to reproductive decisions. | ||||||
12 | It is the public policy of this State to ensure that all | ||||||
13 | individuals have appropriate and necessary access to the full | ||||||
14 | range of reproductive education, healthcare and services, | ||||||
15 | including but not limited to prenatal care, adoption, | ||||||
16 | contraceptive care including timely access to emergency |
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1 | contraception, pregnancy termination, comprehensive sexual | ||||||
2 | health education, and screening and treatment for sexually | ||||||
3 | transmitted infections. | ||||||
4 | Section 10. Definitions. In this Act: | ||||||
5 | "Physician" means a person licensed to practice medicine in | ||||||
6 | all of its branches under the Medical Practice Act of 1987. | ||||||
7 | "Pregnancy termination" or "termination of pregnancy" | ||||||
8 | means any medical treatment intended to terminate a pregnancy. | ||||||
9 | Pregnancy termination shall not include medical treatment | ||||||
10 | conducted for the purpose of increasing the probability of the | ||||||
11 | birth of a sustainable life. | ||||||
12 | "Viability" means that stage of fetal development when, in | ||||||
13 | the
medical judgment of the attending physician based on the
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14 | particular medical facts of the case before the physician,
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15 | there is a reasonable likelihood of the sustained survival of
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16 | the fetus outside the womb with or without artificial support. | ||||||
17 | Section 15. Prohibition of interference and retaliation. | ||||||
18 | (a) Notwithstanding any other provision of this Act or any | ||||||
19 | other law to the contrary, the State or any municipality, | ||||||
20 | political subdivision, or other governmental unit or agency | ||||||
21 | shall not:
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22 | (1) deny or interfere with an individual's right to use | ||||||
23 | or refuse contraception; | ||||||
24 | (2) deny or interfere with a pregnant woman's right to |
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1 | bear a child; | ||||||
2 | (3) deny or interfere with a pregnant woman's right to | ||||||
3 | terminate a pregnancy:
(i) prior to the viability of the | ||||||
4 | fetus or
(ii) when the abortion is necessary to protect the | ||||||
5 | life or health of the pregnant woman; or
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6 | (4) require any woman to terminate pregnancy without | ||||||
7 | her consent. | ||||||
8 | (b) Any party aggrieved by conduct that violates | ||||||
9 | subsections (1) through (4) of this Section may bring a civil | ||||||
10 | lawsuit in a State circuit court or as a supplemental claim in | ||||||
11 | a federal district court, against the offending unit of | ||||||
12 | government. If a federal or State court finds that a violation | ||||||
13 | of any of subsections (1) through (4) of this Section has | ||||||
14 | occurred, the court may award to the plaintiff actual damages, | ||||||
15 | declaratory or injunctive relief, a temporary restraining | ||||||
16 | order, or other relief. Upon a motion, the court shall award | ||||||
17 | reasonable attorneys' fees and costs, including expert witness | ||||||
18 | and other other litigation expenses, to a plaintiff who is a | ||||||
19 | prevailing party, including where the plaintiff's pursuit of a | ||||||
20 | non-frivolous claim was a catalyst for a unilateral change in | ||||||
21 | position by the opposing party relative to the relief sought. | ||||||
22 | Section 20. Non-discrimination in funding. Notwithstanding | ||||||
23 | any other provision of this Act or any other law to the | ||||||
24 | contrary, the State shall ensure that individuals eligible for | ||||||
25 | State medicaid assistance, or other State medical assistance, |
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1 | receive financial assistance for reproductive healthcare at | ||||||
2 | least to the same extent as other comparable services. | ||||||
3 | Violation of this provision shall constitute a denial or | ||||||
4 | interference in contravention of Section 15 of this Act. | ||||||
5 | Section 25. Pregnancy terminations. | ||||||
6 | (a) Pregnancy terminations shall be performed in | ||||||
7 | accordance with accepted standards of medical practice, by the | ||||||
8 | method that, in the clinical judgment of the attending | ||||||
9 | physician, will best serve the interests of the pregnant | ||||||
10 | patient. A qualified medical professional is not liable for | ||||||
11 | civil damages or subject to criminal penalty relating to a | ||||||
12 | pregnancy termination performed in good faith and in accordance | ||||||
13 | with accepted standards of medical practice. | ||||||
14 | (b) Notwithstanding any other provision of this Act or any | ||||||
15 | other law to the contrary, a report of each pregnancy | ||||||
16 | termination performed shall be made to the Illinois Department | ||||||
17 | of Public Health on forms prescribed by the Department. Such | ||||||
18 | report forms shall not identify the patient by name and shall | ||||||
19 | preserve the anonymity of each woman who has obtained a | ||||||
20 | pregnancy termination. The Department of Public Health shall | ||||||
21 | promulgate and enforce regulations regarding the | ||||||
22 | administration of these reporting requirements that secure | ||||||
23 | protection of patient identity and ensure the anonymity of each | ||||||
24 | woman who has undergone a pregnancy termination. Failure of the | ||||||
25 | Department to preserve confidentiality and anonymity shall |
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1 | constitute interference in contravention of Section 15 of this | ||||||
2 | Act.
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3 | Section 30. Sexual health education. Notwithstanding any | ||||||
4 | other provision of this Act or any other law, all Illinois | ||||||
5 | public schools shall offer medically accurate, age | ||||||
6 | appropriate, comprehensive sexual health education as a part of | ||||||
7 | the Comprehensive Health Education Program established in | ||||||
8 | Section 3 of the Critical Health Problems and Comprehensive | ||||||
9 | Health Education Act. Course material and instruction shall be | ||||||
10 | free of bias regarding race, color, sex, sexual orientation, | ||||||
11 | gender identity, religion, disability, or national or ethnic | ||||||
12 | origin. The Illinois Department of Public Health shall | ||||||
13 | promulgate and enforce regulations consistent with this | ||||||
14 | provision. | ||||||
15 | Section 35. Religious and conscience refusals and patient | ||||||
16 | access. | ||||||
17 | (a) Pursuant to this Act, all health care professionals | ||||||
18 | licensed under the Medical Practice Act of 1987, Nurse Practice | ||||||
19 | Act, Physician Assistant Act of 1987, and Pharmacy Practice Act | ||||||
20 | who object to providing reproductive health care based on | ||||||
21 | religion or personal conscience may refuse to provide such | ||||||
22 | services. The objecting health care professional must provide | ||||||
23 | prior written or oral notice to patients. If an objecting | ||||||
24 | professional is an employee, he or she must provide notice to |
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1 | the employer of the intention to refuse. Timely and accurate | ||||||
2 | information and referral must also be given to the patient. The | ||||||
3 | information and referral may be given by a professional | ||||||
4 | employee of the employer other than the objecting medical | ||||||
5 | professional. The employer must accommodate an employee's | ||||||
6 | objection in accordance with the standards set forth in the | ||||||
7 | federal Civil Rights Act of 1964, Title VII, 42 U.S.C. | ||||||
8 | 2000e-2(a) and 42 U.S.C. 2000e(j). | ||||||
9 | (b) Violations of this Section shall be sanctioned under | ||||||
10 | State licensing statutes by the appropriate State agency.
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11 | Section 40. Construction. This Act and the rules now or | ||||||
12 | hereafter applicable thereto shall be liberally construed | ||||||
13 | consistent with the public policies announced in this Act. | ||||||
14 | Section 45. The Critical Health Problems and Comprehensive | ||||||
15 | Health
Education Act is amended by changing Section 3 as | ||||||
16 | follows:
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17 | (105 ILCS 110/3) (from Ch. 122, par. 863)
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18 | Sec. 3. Comprehensive Health Education Program. The | ||||||
19 | program established
under this Act shall include, but not be | ||||||
20 | limited to, the following major
educational areas as a basis | ||||||
21 | for curricula in all elementary and secondary
schools in this | ||||||
22 | State: human ecology and health, human growth and
development, | ||||||
23 | the emotional, psychological, physiological, hygienic and
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1 | social responsibilities of family life, including | ||||||
2 | comprehensive sexual health education that complies with | ||||||
3 | Section 30 of Reproductive Health and Access Act, sexual | ||||||
4 | abstinence until
marriage, prevention and control of disease, | ||||||
5 | including instruction in
grades 6 through 12 on the prevention, | ||||||
6 | transmission and spread of AIDS,
sexual assault awareness in | ||||||
7 | secondary schools, public and environmental health, consumer | ||||||
8 | health, safety education and
disaster survival, mental health | ||||||
9 | and illness, personal health habits,
alcohol, drug use, and | ||||||
10 | abuse including the medical and legal ramifications
of alcohol, | ||||||
11 | drug, and tobacco use, abuse during pregnancy, sexual
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12 | abstinence until marriage, tobacco, nutrition, and dental | ||||||
13 | health. The program shall also provide course material and | ||||||
14 | instruction to advise pupils of the Abandoned Newborn Infant | ||||||
15 | Protection Act.
Notwithstanding the above educational areas, | ||||||
16 | the following areas may also
be included as a basis for | ||||||
17 | curricula in all elementary and secondary
schools in this | ||||||
18 | State: basic first aid (including, but not limited to,
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19 | cardiopulmonary resuscitation and the Heimlich maneuver), | ||||||
20 | early prevention
and detection of cancer, heart disease, | ||||||
21 | diabetes, stroke, and the
prevention of child abuse, neglect, | ||||||
22 | and suicide.
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23 | The school board of each
public elementary and secondary | ||||||
24 | school in the State
shall encourage all teachers and other | ||||||
25 | school personnel to acquire,
develop, and maintain the | ||||||
26 | knowledge and skills necessary to properly
administer |
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1 | life-saving techniques, including without limitation the
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2 | Heimlich maneuver and rescue breathing.
The training shall be | ||||||
3 | in
accordance with standards of the
American Red Cross, the | ||||||
4 | American Heart Association, or another nationally
recognized | ||||||
5 | certifying organization.
A school board may use the
services of | ||||||
6 | non-governmental entities whose personnel have expertise in
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7 | life-saving techniques to instruct teachers and other school | ||||||
8 | personnel in
these techniques. Each school board
is encouraged | ||||||
9 | to have in
its employ, or on its volunteer staff, at least one | ||||||
10 | person who is certified, by
the American Red Cross or by | ||||||
11 | another qualified certifying agency,
as qualified to | ||||||
12 | administer first aid and
cardiopulmonary resuscitation. In | ||||||
13 | addition, each school board is authorized to
allocate | ||||||
14 | appropriate portions of its institute or inservice days to | ||||||
15 | conduct
training programs for teachers and other school | ||||||
16 | personnel who have expressed an
interest in becoming qualified | ||||||
17 | to administer emergency first aid or
cardiopulmonary | ||||||
18 | resuscitation. School boards are urged to
encourage their | ||||||
19 | teachers and other school personnel who coach school athletic
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20 | programs and other extracurricular school activities to | ||||||
21 | acquire, develop, and
maintain the knowledge and skills | ||||||
22 | necessary to properly administer first aid
and cardiopulmonary | ||||||
23 | resuscitation in accordance with standards and requirements
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24 | established by the American Red Cross or another qualified | ||||||
25 | certifying agency. Subject to appropriation, the State Board of | ||||||
26 | Education shall establish and administer a matching grant |
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1 | program to pay for half of the cost that a school district | ||||||
2 | incurs in training those teachers and other school personnel | ||||||
3 | who express an interest in becoming qualified to administer | ||||||
4 | cardiopulmonary resuscitation (which training must be in
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5 | accordance with standards of the
American Red Cross, the | ||||||
6 | American Heart Association, or another nationally
recognized | ||||||
7 | certifying organization) or in learning how to use an automated | ||||||
8 | external defibrillator. A school district that applies for a | ||||||
9 | grant must demonstrate that it has funds to pay half of the | ||||||
10 | cost of the training for which matching grant money is sought. | ||||||
11 | The State Board of Education shall award the grants on a | ||||||
12 | first-come, first-serve basis.
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13 | No pupil shall be
required to take or participate in any | ||||||
14 | class or course on comprehensive sexual health education, AIDS , | ||||||
15 | or family
life instruction if his parent or guardian submits | ||||||
16 | written objection
thereto, and refusal to take or participate | ||||||
17 | in the course or program shall
not be reason for suspension or | ||||||
18 | expulsion of the pupil.
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19 | Curricula developed under programs established in | ||||||
20 | accordance with this
Act in the major educational area of | ||||||
21 | alcohol and drug use and abuse shall
include classroom | ||||||
22 | instruction in grades 5 through 12. The instruction,
which | ||||||
23 | shall include matters relating to both the physical and legal | ||||||
24 | effects
and ramifications of drug and substance abuse, shall be | ||||||
25 | integrated into
existing curricula; and the State Board of | ||||||
26 | Education shall develop and make
available to all elementary |
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1 | and secondary schools in this State
instructional materials and | ||||||
2 | guidelines which will assist the schools in
incorporating the | ||||||
3 | instruction into their existing curricula. In
addition, school | ||||||
4 | districts may offer, as part of existing curricula during
the | ||||||
5 | school day or as part of an after school program, support | ||||||
6 | services and
instruction for pupils or pupils whose parent, | ||||||
7 | parents, or guardians are
chemically dependent.
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8 | (Source: P.A. 94-933, eff. 6-26-06; 95-43, eff. 1-1-08; 95-764, | ||||||
9 | eff. 1-1-09; revised 9-5-08.)
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10 | Section 97. Severability. If any portion of this Act or any | ||||||
11 | amendments thereto, or its applicability to any person or | ||||||
12 | circumstance is held invalid by a court, the remainder of this | ||||||
13 | Act or its applicability to other persons or circumstances | ||||||
14 | shall not be affected.
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15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.".
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