101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2281

 

Introduced , by Rep. Thomas Morrison

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 60/22  from Ch. 111, par. 4400-22
720 ILCS 510/3.2 new
720 ILCS 510/3.3 new
720 ILCS 510/3.4 new
720 ILCS 510/10  from Ch. 38, par. 81-30
720 ILCS 510/11  from Ch. 38, par. 81-31
775 ILCS 5/1-103  from Ch. 68, par. 1-103

    Amends the Illinois Abortion Law of 1975. Provides that a person may not perform an abortion of a fetus solely because of the fetus's race, color, national origin, ancestry, sex, or diagnosis or potential diagnosis of the fetus having Down syndrome or any other disability. Provides that at least 18 hours before an abortion is performed on a pregnant woman whose fetus is diagnosed with a lethal fetal anomaly, the physician who will perform the abortion shall: (1) orally and in person, inform the pregnant woman of the availability of perinatal hospice services; and (2) provide the pregnant woman copies of the perinatal hospice brochure developed by the Department of Public Health and the list of perinatal hospice providers and programs by printing the perinatal hospice brochure and list of perinatal hospice providers from the Department's Internet web site. Provides that the Department shall adopt rules within 90 days after the effective date of the bill to implement these provisions. Provides that the report of abortions submitted to the Department shall include the gender of the fetus, if detectable; and whether the fetus has been diagnosed with or has a potential diagnosis of having Down syndrome or any other disability. Provides that a person who knowingly or intentionally performs an abortion in violation of these provisions may be subject to: (1) disciplinary sanctions under the Medical Practice Act of 1987; and (2) civil liability for wrongful death. Amends the Medical Practice Act of 1987 to make conforming changes. Amends the Illinois Human Rights Act. Provides that it is unlawful discrimination under the Act to perform an abortion solely because of the race, color, sex, disability, national origin, or ancestry of the fetus. Effective immediately.


LRB101 10403 SLF 55509 b

 

 

A BILL FOR

 

HB2281LRB101 10403 SLF 55509 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Medical Practice Act of 1987 is amended by
5changing Section 22 as follows:
 
6    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
7    (Section scheduled to be repealed on December 31, 2019)
8    Sec. 22. Disciplinary action.
9    (A) The Department may revoke, suspend, place on probation,
10reprimand, refuse to issue or renew, or take any other
11disciplinary or non-disciplinary action as the Department may
12deem proper with regard to the license or permit of any person
13issued under this Act, including imposing fines not to exceed
14$10,000 for each violation, upon any of the following grounds:
15        (1) Performance of an elective abortion in any place,
16    locale, facility, or institution other than:
17            (a) a facility licensed pursuant to the Ambulatory
18        Surgical Treatment Center Act;
19            (b) an institution licensed under the Hospital
20        Licensing Act;
21            (c) an ambulatory surgical treatment center or
22        hospitalization or care facility maintained by the
23        State or any agency thereof, where such department or

 

 

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1        agency has authority under law to establish and enforce
2        standards for the ambulatory surgical treatment
3        centers, hospitalization, or care facilities under its
4        management and control;
5            (d) ambulatory surgical treatment centers,
6        hospitalization or care facilities maintained by the
7        Federal Government; or
8            (e) ambulatory surgical treatment centers,
9        hospitalization or care facilities maintained by any
10        university or college established under the laws of
11        this State and supported principally by public funds
12        raised by taxation.
13        (2) Performance of an abortion procedure in a willful
14    and wanton manner on a woman who was not pregnant at the
15    time the abortion procedure was performed.
16        (2.5) Performance of an abortion procedure without
17    complying with Sections 3.2, 3.3, and 3.4 of the Illinois
18    Abortion Law of 1975.
19        (3) A plea of guilty or nolo contendere, finding of
20    guilt, jury verdict, or entry of judgment or sentencing,
21    including, but not limited to, convictions, preceding
22    sentences of supervision, conditional discharge, or first
23    offender probation, under the laws of any jurisdiction of
24    the United States of any crime that is a felony.
25        (4) Gross negligence in practice under this Act.
26        (5) Engaging in dishonorable, unethical or

 

 

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1    unprofessional conduct of a character likely to deceive,
2    defraud or harm the public.
3        (6) Obtaining any fee by fraud, deceit, or
4    misrepresentation.
5        (7) Habitual or excessive use or abuse of drugs defined
6    in law as controlled substances, of alcohol, or of any
7    other substances which results in the inability to practice
8    with reasonable judgment, skill or safety.
9        (8) Practicing under a false or, except as provided by
10    law, an assumed name.
11        (9) Fraud or misrepresentation in applying for, or
12    procuring, a license under this Act or in connection with
13    applying for renewal of a license under this Act.
14        (10) Making a false or misleading statement regarding
15    their skill or the efficacy or value of the medicine,
16    treatment, or remedy prescribed by them at their direction
17    in the treatment of any disease or other condition of the
18    body or mind.
19        (11) Allowing another person or organization to use
20    their license, procured under this Act, to practice.
21        (12) Adverse action taken by another state or
22    jurisdiction against a license or other authorization to
23    practice as a medical doctor, doctor of osteopathy, doctor
24    of osteopathic medicine or doctor of chiropractic, a
25    certified copy of the record of the action taken by the
26    other state or jurisdiction being prima facie evidence

 

 

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1    thereof. This includes any adverse action taken by a State
2    or federal agency that prohibits a medical doctor, doctor
3    of osteopathy, doctor of osteopathic medicine, or doctor of
4    chiropractic from providing services to the agency's
5    participants.
6        (13) Violation of any provision of this Act or of the
7    Medical Practice Act prior to the repeal of that Act, or
8    violation of the rules, or a final administrative action of
9    the Secretary, after consideration of the recommendation
10    of the Disciplinary Board.
11        (14) Violation of the prohibition against fee
12    splitting in Section 22.2 of this Act.
13        (15) A finding by the Disciplinary Board that the
14    registrant after having his or her license placed on
15    probationary status or subjected to conditions or
16    restrictions violated the terms of the probation or failed
17    to comply with such terms or conditions.
18        (16) Abandonment of a patient.
19        (17) Prescribing, selling, administering,
20    distributing, giving or self-administering any drug
21    classified as a controlled substance (designated product)
22    or narcotic for other than medically accepted therapeutic
23    purposes.
24        (18) Promotion of the sale of drugs, devices,
25    appliances or goods provided for a patient in such manner
26    as to exploit the patient for financial gain of the

 

 

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1    physician.
2        (19) Offering, undertaking or agreeing to cure or treat
3    disease by a secret method, procedure, treatment or
4    medicine, or the treating, operating or prescribing for any
5    human condition by a method, means or procedure which the
6    licensee refuses to divulge upon demand of the Department.
7        (20) Immoral conduct in the commission of any act
8    including, but not limited to, commission of an act of
9    sexual misconduct related to the licensee's practice.
10        (21) Willfully making or filing false records or
11    reports in his or her practice as a physician, including,
12    but not limited to, false records to support claims against
13    the medical assistance program of the Department of
14    Healthcare and Family Services (formerly Department of
15    Public Aid) under the Illinois Public Aid Code.
16        (22) Willful omission to file or record, or willfully
17    impeding the filing or recording, or inducing another
18    person to omit to file or record, medical reports as
19    required by law, or willfully failing to report an instance
20    of suspected abuse or neglect as required by law.
21        (23) Being named as a perpetrator in an indicated
22    report by the Department of Children and Family Services
23    under the Abused and Neglected Child Reporting Act, and
24    upon proof by clear and convincing evidence that the
25    licensee has caused a child to be an abused child or
26    neglected child as defined in the Abused and Neglected

 

 

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1    Child Reporting Act.
2        (24) Solicitation of professional patronage by any
3    corporation, agents or persons, or profiting from those
4    representing themselves to be agents of the licensee.
5        (25) Gross and willful and continued overcharging for
6    professional services, including filing false statements
7    for collection of fees for which services are not rendered,
8    including, but not limited to, filing such false statements
9    for collection of monies for services not rendered from the
10    medical assistance program of the Department of Healthcare
11    and Family Services (formerly Department of Public Aid)
12    under the Illinois Public Aid Code.
13        (26) A pattern of practice or other behavior which
14    demonstrates incapacity or incompetence to practice under
15    this Act.
16        (27) Mental illness or disability which results in the
17    inability to practice under this Act with reasonable
18    judgment, skill or safety.
19        (28) Physical illness, including, but not limited to,
20    deterioration through the aging process, or loss of motor
21    skill which results in a physician's inability to practice
22    under this Act with reasonable judgment, skill or safety.
23        (29) Cheating on or attempt to subvert the licensing
24    examinations administered under this Act.
25        (30) Willfully or negligently violating the
26    confidentiality between physician and patient except as

 

 

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1    required by law.
2        (31) The use of any false, fraudulent, or deceptive
3    statement in any document connected with practice under
4    this Act.
5        (32) Aiding and abetting an individual not licensed
6    under this Act in the practice of a profession licensed
7    under this Act.
8        (33) Violating state or federal laws or regulations
9    relating to controlled substances, legend drugs, or
10    ephedra as defined in the Ephedra Prohibition Act.
11        (34) Failure to report to the Department any adverse
12    final action taken against them by another licensing
13    jurisdiction (any other state or any territory of the
14    United States or any foreign state or country), by any peer
15    review body, by any health care institution, by any
16    professional society or association related to practice
17    under this Act, by any governmental agency, by any law
18    enforcement agency, or by any court for acts or conduct
19    similar to acts or conduct which would constitute grounds
20    for action as defined in this Section.
21        (35) Failure to report to the Department surrender of a
22    license or authorization to practice as a medical doctor, a
23    doctor of osteopathy, a doctor of osteopathic medicine, or
24    doctor of chiropractic in another state or jurisdiction, or
25    surrender of membership on any medical staff or in any
26    medical or professional association or society, while

 

 

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1    under disciplinary investigation by any of those
2    authorities or bodies, for acts or conduct similar to acts
3    or conduct which would constitute grounds for action as
4    defined in this Section.
5        (36) Failure to report to the Department any adverse
6    judgment, settlement, or award arising from a liability
7    claim related to acts or conduct similar to acts or conduct
8    which would constitute grounds for action as defined in
9    this Section.
10        (37) Failure to provide copies of medical records as
11    required by law.
12        (38) Failure to furnish the Department, its
13    investigators or representatives, relevant information,
14    legally requested by the Department after consultation
15    with the Chief Medical Coordinator or the Deputy Medical
16    Coordinator.
17        (39) Violating the Health Care Worker Self-Referral
18    Act.
19        (40) Willful failure to provide notice when notice is
20    required under the Parental Notice of Abortion Act of 1995.
21        (41) Failure to establish and maintain records of
22    patient care and treatment as required by this law.
23        (42) Entering into an excessive number of written
24    collaborative agreements with licensed advanced practice
25    registered nurses resulting in an inability to adequately
26    collaborate.

 

 

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1        (43) Repeated failure to adequately collaborate with a
2    licensed advanced practice registered nurse.
3        (44) Violating the Compassionate Use of Medical
4    Cannabis Pilot Program Act.
5        (45) Entering into an excessive number of written
6    collaborative agreements with licensed prescribing
7    psychologists resulting in an inability to adequately
8    collaborate.
9        (46) Repeated failure to adequately collaborate with a
10    licensed prescribing psychologist.
11        (47) Willfully failing to report an instance of
12    suspected abuse, neglect, financial exploitation, or
13    self-neglect of an eligible adult as defined in and
14    required by the Adult Protective Services Act.
15        (48) Being named as an abuser in a verified report by
16    the Department on Aging under the Adult Protective Services
17    Act, and upon proof by clear and convincing evidence that
18    the licensee abused, neglected, or financially exploited
19    an eligible adult as defined in the Adult Protective
20    Services Act.
21        (49) Entering into an excessive number of written
22    collaborative agreements with licensed physician
23    assistants resulting in an inability to adequately
24    collaborate.
25        (50) Repeated failure to adequately collaborate with a
26    physician assistant.

 

 

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1    Except for actions involving the ground numbered (26), all
2proceedings to suspend, revoke, place on probationary status,
3or take any other disciplinary action as the Department may
4deem proper, with regard to a license on any of the foregoing
5grounds, must be commenced within 5 years next after receipt by
6the Department of a complaint alleging the commission of or
7notice of the conviction order for any of the acts described
8herein. Except for the grounds numbered (8), (9), (26), and
9(29), no action shall be commenced more than 10 years after the
10date of the incident or act alleged to have violated this
11Section. For actions involving the ground numbered (26), a
12pattern of practice or other behavior includes all incidents
13alleged to be part of the pattern of practice or other behavior
14that occurred, or a report pursuant to Section 23 of this Act
15received, within the 10-year period preceding the filing of the
16complaint. In the event of the settlement of any claim or cause
17of action in favor of the claimant or the reduction to final
18judgment of any civil action in favor of the plaintiff, such
19claim, cause of action or civil action being grounded on the
20allegation that a person licensed under this Act was negligent
21in providing care, the Department shall have an additional
22period of 2 years from the date of notification to the
23Department under Section 23 of this Act of such settlement or
24final judgment in which to investigate and commence formal
25disciplinary proceedings under Section 36 of this Act, except
26as otherwise provided by law. The time during which the holder

 

 

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1of the license was outside the State of Illinois shall not be
2included within any period of time limiting the commencement of
3disciplinary action by the Department.
4    The entry of an order or judgment by any circuit court
5establishing that any person holding a license under this Act
6is a person in need of mental treatment operates as a
7suspension of that license. That person may resume their
8practice only upon the entry of a Departmental order based upon
9a finding by the Disciplinary Board that they have been
10determined to be recovered from mental illness by the court and
11upon the Disciplinary Board's recommendation that they be
12permitted to resume their practice.
13    The Department may refuse to issue or take disciplinary
14action concerning the license of any person who fails to file a
15return, or to pay the tax, penalty or interest shown in a filed
16return, or to pay any final assessment of tax, penalty or
17interest, as required by any tax Act administered by the
18Illinois Department of Revenue, until such time as the
19requirements of any such tax Act are satisfied as determined by
20the Illinois Department of Revenue.
21    The Department, upon the recommendation of the
22Disciplinary Board, shall adopt rules which set forth standards
23to be used in determining:
24        (a) when a person will be deemed sufficiently
25    rehabilitated to warrant the public trust;
26        (b) what constitutes dishonorable, unethical or

 

 

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1    unprofessional conduct of a character likely to deceive,
2    defraud, or harm the public;
3        (c) what constitutes immoral conduct in the commission
4    of any act, including, but not limited to, commission of an
5    act of sexual misconduct related to the licensee's
6    practice; and
7        (d) what constitutes gross negligence in the practice
8    of medicine.
9    However, no such rule shall be admissible into evidence in
10any civil action except for review of a licensing or other
11disciplinary action under this Act.
12    In enforcing this Section, the Disciplinary Board or the
13Licensing Board, upon a showing of a possible violation, may
14compel, in the case of the Disciplinary Board, any individual
15who is licensed to practice under this Act or holds a permit to
16practice under this Act, or, in the case of the Licensing
17Board, any individual who has applied for licensure or a permit
18pursuant to this Act, to submit to a mental or physical
19examination and evaluation, or both, which may include a
20substance abuse or sexual offender evaluation, as required by
21the Licensing Board or Disciplinary Board and at the expense of
22the Department. The Disciplinary Board or Licensing Board shall
23specifically designate the examining physician licensed to
24practice medicine in all of its branches or, if applicable, the
25multidisciplinary team involved in providing the mental or
26physical examination and evaluation, or both. The

 

 

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1multidisciplinary team shall be led by a physician licensed to
2practice medicine in all of its branches and may consist of one
3or more or a combination of physicians licensed to practice
4medicine in all of its branches, licensed chiropractic
5physicians, licensed clinical psychologists, licensed clinical
6social workers, licensed clinical professional counselors, and
7other professional and administrative staff. Any examining
8physician or member of the multidisciplinary team may require
9any person ordered to submit to an examination and evaluation
10pursuant to this Section to submit to any additional
11supplemental testing deemed necessary to complete any
12examination or evaluation process, including, but not limited
13to, blood testing, urinalysis, psychological testing, or
14neuropsychological testing. The Disciplinary Board, the
15Licensing Board, or the Department may order the examining
16physician or any member of the multidisciplinary team to
17provide to the Department, the Disciplinary Board, or the
18Licensing Board any and all records, including business
19records, that relate to the examination and evaluation,
20including any supplemental testing performed. The Disciplinary
21Board, the Licensing Board, or the Department may order the
22examining physician or any member of the multidisciplinary team
23to present testimony concerning this examination and
24evaluation of the licensee, permit holder, or applicant,
25including testimony concerning any supplemental testing or
26documents relating to the examination and evaluation. No

 

 

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1information, report, record, or other documents in any way
2related to the examination and evaluation shall be excluded by
3reason of any common law or statutory privilege relating to
4communication between the licensee, permit holder, or
5applicant and the examining physician or any member of the
6multidisciplinary team. No authorization is necessary from the
7licensee, permit holder, or applicant ordered to undergo an
8evaluation and examination for the examining physician or any
9member of the multidisciplinary team to provide information,
10reports, records, or other documents or to provide any
11testimony regarding the examination and evaluation. The
12individual to be examined may have, at his or her own expense,
13another physician of his or her choice present during all
14aspects of the examination. Failure of any individual to submit
15to mental or physical examination and evaluation, or both, when
16directed, shall result in an automatic suspension, without
17hearing, until such time as the individual submits to the
18examination. If the Disciplinary Board or Licensing Board finds
19a physician unable to practice following an examination and
20evaluation because of the reasons set forth in this Section,
21the Disciplinary Board or Licensing Board shall require such
22physician to submit to care, counseling, or treatment by
23physicians, or other health care professionals, approved or
24designated by the Disciplinary Board, as a condition for
25issued, continued, reinstated, or renewed licensure to
26practice. Any physician, whose license was granted pursuant to

 

 

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1Sections 9, 17, or 19 of this Act, or, continued, reinstated,
2renewed, disciplined or supervised, subject to such terms,
3conditions or restrictions who shall fail to comply with such
4terms, conditions or restrictions, or to complete a required
5program of care, counseling, or treatment, as determined by the
6Chief Medical Coordinator or Deputy Medical Coordinators,
7shall be referred to the Secretary for a determination as to
8whether the licensee shall have their license suspended
9immediately, pending a hearing by the Disciplinary Board. In
10instances in which the Secretary immediately suspends a license
11under this Section, a hearing upon such person's license must
12be convened by the Disciplinary Board within 15 days after such
13suspension and completed without appreciable delay. The
14Disciplinary Board shall have the authority to review the
15subject physician's record of treatment and counseling
16regarding the impairment, to the extent permitted by applicable
17federal statutes and regulations safeguarding the
18confidentiality of medical records.
19    An individual licensed under this Act, affected under this
20Section, shall be afforded an opportunity to demonstrate to the
21Disciplinary Board that they can resume practice in compliance
22with acceptable and prevailing standards under the provisions
23of their license.
24    The Department may promulgate rules for the imposition of
25fines in disciplinary cases, not to exceed $10,000 for each
26violation of this Act. Fines may be imposed in conjunction with

 

 

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1other forms of disciplinary action, but shall not be the
2exclusive disposition of any disciplinary action arising out of
3conduct resulting in death or injury to a patient. Any funds
4collected from such fines shall be deposited in the Illinois
5State Medical Disciplinary Fund.
6    All fines imposed under this Section shall be paid within
760 days after the effective date of the order imposing the fine
8or in accordance with the terms set forth in the order imposing
9the fine.
10    (B) The Department shall revoke the license or permit
11issued under this Act to practice medicine or a chiropractic
12physician who has been convicted a second time of committing
13any felony under the Illinois Controlled Substances Act or the
14Methamphetamine Control and Community Protection Act, or who
15has been convicted a second time of committing a Class 1 felony
16under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
17person whose license or permit is revoked under this subsection
18B shall be prohibited from practicing medicine or treating
19human ailments without the use of drugs and without operative
20surgery.
21    (C) The Department shall not revoke, suspend, place on
22probation, reprimand, refuse to issue or renew, or take any
23other disciplinary or non-disciplinary action against the
24license or permit issued under this Act to practice medicine to
25a physician:
26        (1) based solely upon the recommendation of the

 

 

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1    physician to an eligible patient regarding, or
2    prescription for, or treatment with, an investigational
3    drug, biological product, or device; or
4        (2) for experimental treatment for Lyme disease or
5    other tick-borne diseases, including, but not limited to,
6    the prescription of or treatment with long-term
7    antibiotics.
8    (D) The Disciplinary Board shall recommend to the
9Department civil penalties and any other appropriate
10discipline in disciplinary cases when the Board finds that a
11physician willfully performed an abortion with actual
12knowledge that the person upon whom the abortion has been
13performed is a minor or an incompetent person without notice as
14required under the Parental Notice of Abortion Act of 1995.
15Upon the Board's recommendation, the Department shall impose,
16for the first violation, a civil penalty of $1,000 and for a
17second or subsequent violation, a civil penalty of $5,000.
18(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;
19100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff.
201-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised
2112-19-18.)
 
22    Section 10. The Illinois Abortion Law of 1975 is amended by
23changing Sections 10 and 11 and by adding Sections 3.2, 3.3,
24and 3.4 as follows:
 

 

 

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1    (720 ILCS 510/3.2 new)
2    Sec. 3.2. Sex selective and disability abortion ban.
3    (a) As used in this Section:
4        "Any other disability" means any disease, defect, or
5    disorder that is genetically inherited. The term includes
6    the following:
7            (1) a physical disability;
8            (2) a mental or intellectual disability;
9            (3) a physical disfigurement;
10            (4) scoliosis;
11            (5) dwarfism;
12            (6) Down syndrome;
13            (7) albinism;
14            (8) amelia; or
15            (9) a physical or mental disease.
16    The term does not include a lethal fetal anomaly.
17        "Down syndrome" means a chromosomal disorder
18    associated with an extra chromosome 21 or an effective
19    trisomy for chromosome 21.
20        "Potential diagnosis" refers to the presence of some
21    risk factors that indicate that a health problem may occur.
22        "Sex selective abortion" means an abortion that is
23    performed solely because of the sex of the fetus.
24    (b) A person may not intentionally perform or attempt to
25perform an abortion before the earlier of viability of the
26fetus or 20 weeks of postfertilization age if the person knows

 

 

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1that the pregnant woman is seeking a sex selective abortion.
2    (c) A person may not intentionally perform or attempt to
3perform an abortion after viability of the fetus or 20 weeks of
4postfertilization age if the person knows that the pregnant
5woman is seeking a sex selective abortion.
6    (d) A person may not intentionally perform or attempt to
7perform an abortion before the earlier of viability of the
8fetus or 20 weeks of postfertilization age if the person knows
9that the pregnant woman is seeking the abortion solely because
10the fetus has been diagnosed with Down syndrome or has a
11potential diagnosis of Down syndrome.
12    (e) A person may not intentionally perform or attempt to
13perform an abortion after viability of the fetus or 20 weeks of
14postfertilization age if the person knows that the pregnant
15woman is seeking the abortion solely because the fetus has been
16diagnosed with Down syndrome or has a potential diagnosis of
17Down syndrome.
18    (f) A person may not intentionally perform or attempt to
19perform an abortion before the earlier of viability of the
20fetus or 20 weeks of postfertilization age if the person knows
21that the pregnant woman is seeking the abortion solely because
22the fetus has been diagnosed with any other disability or has a
23potential diagnosis of any other disability.
24    (g) A person may not intentionally perform or attempt to
25perform an abortion after viability of the fetus or 20 weeks of
26postfertilization age if the person knows that the pregnant

 

 

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1woman is seeking the abortion solely because the fetus has been
2diagnosed with any other disability or has a potential
3diagnosis of any other disability.
4    (h) A person may not intentionally perform or attempt to
5perform an abortion before the earlier of viability of the
6fetus or 20 weeks of postfertilization age if the person knows
7that the pregnant woman is seeking the abortion solely because
8of the race, color, national origin, or ancestry of the fetus.
9    (i) A person may not intentionally perform or attempt to
10perform an abortion after viability of the fetus or 20 weeks of
11postfertilization age if the person knows that the pregnant
12woman is seeking the abortion solely because of the race,
13color, national origin, or ancestry of the fetus.
14    (j) A person who knowingly or intentionally performs an
15abortion in violation of this Section may be subject to:
16        (1) disciplinary sanctions under Section 22 of the
17    Medical Practice Act of 1987; and
18        (2) civil liability for wrongful death.
19    (k) A pregnant woman upon whom an abortion is performed in
20violation of this Section may not be prosecuted for violating
21or conspiring to violate this Section.
 
22    (720 ILCS 510/3.3 new)
23    Sec. 3.3. Perinatal hospice.
24    (a) The purpose of this Section is to ensure that:
25        (1) women considering abortion after receiving a

 

 

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1    diagnosis of a lethal fetal anomaly are informed of the
2    availability of perinatal hospice care; and
3        (2) women choosing abortion after receiving a
4    diagnosis of a lethal fetal anomaly are making a fully
5    informed decision.
6    (b) As used in this Section:
7        "Lethal fetal anomaly" means a fetal condition
8    diagnosed before birth that, if the pregnancy results in a
9    live birth, will with reasonable certainty result in the
10    death of the child not more than 3 months after the child's
11    birth.
12        "Perinatal hospice" means the provision of
13    comprehensive, supportive care to a pregnant woman and her
14    family beginning with the diagnosis of a lethal fetal
15    anomaly and continuing through the live birth and death of
16    the woman's child as a result of the lethal fetal anomaly.
17    The term includes counseling and medical care provided by
18    maternal-fetal medical specialists, obstetricians,
19    neonatologists, anesthesia specialists, specialty nurses,
20    clergy, social workers, and others that are focused on
21    alleviating fear and ensuring that the woman and her family
22    experience the life and death of the child in a comfortable
23    and supportive environment.
24    (c) The Department shall develop a perinatal hospice
25brochure and post the perinatal hospice brochure on the
26Department's Internet web site.

 

 

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1    (d) The perinatal brochure developed under this Section
2must include the following:
3        (1) a description of the health care and other services
4    available from perinatal hospice;
5        (2) information that medical assistance benefits may
6    be available for prenatal care, childbirth, and perinatal
7    hospice; and
8        (3) information regarding accessing grief counseling
9    and other human services, and the types of services that
10    are available through this service.
11    (e) The Department shall develop and regularly update a
12list of all perinatal hospice providers and programs in this
13State. The Department may include on the list perinatal hospice
14providers and programs in other states that provide care to
15residents of this State. The Department shall post the list of
16perinatal hospice providers and programs on the Department's
17Internet web site.
18    (f) The Department shall develop a form on which a pregnant
19woman certifies, at the time of receiving a diagnosis that the
20pregnant woman's unborn child has a lethal fetal anomaly, that
21the pregnant woman has received the following:
22        (1) a copy of the perinatal hospice brochure developed
23    under this Section;
24        (2) a list of the perinatal hospice providers and
25    programs developed under subsection (e) of this Section.
26    (g) The provider diagnosing the pregnant woman's unborn

 

 

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1child with the lethal fetal anomaly shall, at the time of
2diagnosis:
3        (1) provide the pregnant woman with a written copy of:
4            (A) the perinatal brochure developed under
5        subsection (c) of this Section; and
6            (B) the certification form developed by the
7        Department under subsection (f); and
8        (2) have the pregnant woman complete the certification
9    form.
10    (h) The Department shall adopt rules within 90 days after
11the effective date of this amendatory Act of the 101st General
12Assembly to implement this Section.
 
13    (720 ILCS 510/3.4 new)
14    Sec. 3.4. Prohibited abortions.
15    (a) A person may not perform an abortion of a fetus solely
16because of the fetus's race, color, national origin, ancestry,
17sex, or diagnosis or potential diagnosis of the fetus having
18Down syndrome or any other disability.
19    (b) At least 18 hours before an abortion is performed on a
20pregnant woman whose unborn child has been diagnosed with a
21lethal fetal anomaly, the physician who will perform the
22abortion shall:
23        (1) orally and in person, inform the pregnant woman of
24    the availability of perinatal hospice services; and
25        (2) provide the pregnant woman copies of the perinatal

 

 

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1    hospice brochure developed by the Department under
2    subsection (c) of Section 3.3 of this Act and the list of
3    perinatal hospice providers and programs developed under
4    subsection (e) of Section 3.3 of this Act, by printing the
5    perinatal hospice brochure and list of perinatal hospice
6    providers from the Department's Internet web site.
7    The requirements of this subsection are in addition to the
8other requirements of this Section.
9    (c) If a pregnant woman described in subsection (b) chooses
10to have an abortion rather than continuing the pregnancy in
11perinatal hospice care, the pregnant woman shall certify in
12writing, on a form developed by the Department under subsection
13(f) of Section 3.3 of this Act, at least 18 hours before the
14abortion is performed, that the pregnant woman has been
15provided the information described in subsection (b) in the
16manner required by subsection (b) of this Section.
 
17    (720 ILCS 510/10)  (from Ch. 38, par. 81-30)
18    Sec. 10. A report of each abortion performed shall be made
19to the Department on forms prescribed by it. Such report forms
20shall not identify the patient by name, but by an individual
21number to be noted in the patient's permanent record in the
22possession of the physician, and shall include information
23concerning:
24        (1) Identification of the physician who performed the
25    abortion and the facility where the abortion was performed

 

 

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1    and a patient identification number;
2        (2) State in which the patient resides;
3        (3) Patient's date of birth, race and marital status;
4        (4) Number of prior pregnancies;
5        (5) Date of last menstrual period;
6        (6) Type of abortion procedure performed;
7        (7) Complications and whether the abortion resulted in
8    a live birth;
9        (8) The date the abortion was performed;
10        (9) Medical indications for any abortion performed
11    when the fetus was viable;
12        (10) The information required by Sections 6(1)(b) and
13    6(4)(b) of this Act, if applicable;
14        (11) Basis for any medical judgment that a medical
15    emergency existed when required under Sections 6(2)(a) and
16    6(6) and when required to be reported in accordance with
17    this Section by any provision of this Law; and
18        (12) The pathologist's test results pursuant to
19    Section 12 of this Act; .
20    (13) The gender of the fetus, if detectable; and
21    (14) Whether the fetus has been diagnosed with or has a
22potential diagnosis of having Down syndrome or any other
23disability.
24    Such form shall be completed by the hospital or other
25licensed facility, signed by the physician who performed the
26abortion or pregnancy termination, and transmitted to the

 

 

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1Department not later than 10 days following the end of the
2month in which the abortion was performed.
3    In the event that a complication of an abortion occurs or
4becomes known after submission of such form, a correction using
5the same patient identification number shall be submitted to
6the Department within 10 days of its becoming known.
7    The Department may prescribe rules and regulations
8regarding the administration of this Law and shall prescribe
9regulations to secure the confidentiality of the woman's
10identity in the information to be provided under the "Vital
11Records Act". All reports received by the Department shall be
12treated as confidential and the Department shall secure the
13woman's anonymity. Such reports shall be used only for
14statistical purposes.
15    Upon 30 days public notice, the Department is empowered to
16require reporting of any additional information which, in the
17sound discretion of the Department, is necessary to develop
18statistical data relating to the protection of maternal or
19fetal life or health, or is necessary to enforce the provisions
20of this Law, or is necessary to develop useful criteria for
21medical decisions. The Department shall annually report to the
22General Assembly all statistical data gathered under this Law
23and its recommendations to further the purpose of this Law.
24    The requirement for reporting to the General Assembly shall
25be satisfied by filing copies of the report as required by
26Section 3.1 of the General Assembly Organization Act, and

 

 

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1filing such additional copies with the State Government Report
2Distribution Center for the General Assembly as is required
3under paragraph (t) of Section 7 of the State Library Act.
4(Source: P.A. 100-1148, eff. 12-10-18.)
 
5    (720 ILCS 510/11)  (from Ch. 38, par. 81-31)
6    Sec. 11. (1) Any person who intentionally violates any
7provision of this Law, other than those described in Section
83.2, 3.3, or 3.4 of this Act, commits a Class A misdemeanor
9unless a specific penalty is otherwise provided. Any person who
10intentionally falsifies any writing required by this Law
11commits a Class A misdemeanor.
12    Intentional, knowing, reckless, or negligent violations of
13this Law shall constitute unprofessional conduct which causes
14public harm under Section 22 of the Medical Practice Act of
151987, as amended; Section 70-5 of the Nurse Practice Act, and
16Section 21 of the Physician Assistant Practice Act of 1987, as
17amended.
18    Intentional, knowing, reckless or negligent violations of
19this Law will constitute grounds for refusal, denial,
20revocation, suspension, or withdrawal of license, certificate,
21or permit under Section 30 of the Pharmacy Practice Act, as
22amended; Section 7 of the Ambulatory Surgical Treatment Center
23Act, effective July 19, 1973, as amended; and Section 7 of the
24Hospital Licensing Act.
25    (2) Any hospital or licensed facility which, or any

 

 

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1physician who intentionally, knowingly, or recklessly fails to
2submit a complete report to the Department in accordance with
3the provisions of Section 10 of this Law and any person who
4intentionally, knowingly, recklessly or negligently fails to
5maintain the confidentiality of any reports required under this
6Law or reports required by Sections 10.1 or 12 of this Law
7commits a Class B misdemeanor.
8    (3) Any person who sells any drug, medicine, instrument or
9other substance which he knows to be an abortifacient and which
10is in fact an abortifacient, unless upon prescription of a
11physician, is guilty of a Class B misdemeanor. Any person who
12prescribes or administers any instrument, medicine, drug or
13other substance or device, which he knows to be an
14abortifacient, and which is in fact an abortifacient, and
15intentionally, knowingly or recklessly fails to inform the
16person for whom it is prescribed or upon whom it is
17administered that it is an abortifacient commits a Class C
18misdemeanor.
19    (4) Any person who intentionally, knowingly or recklessly
20performs upon a woman what he represents to that woman to be an
21abortion when he knows or should know that she is not pregnant
22commits a Class 2 felony and shall be answerable in civil
23damages equal to 3 times the amount of proved damages.
24(Source: P.A. 95-639, eff. 10-5-07; 95-689, eff. 10-29-07;
2595-876, eff. 8-21-08.)
 

 

 

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1    Section 15. The Illinois Human Rights Act is amended by
2changing Section 1-103 as follows:
 
3    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
4    Sec. 1-103. General definitions. When used in this Act,
5unless the context requires otherwise, the term:
6    (A) Age. "Age" means the chronological age of a person who
7is at least 40 years old, except with regard to any practice
8described in Section 2-102, insofar as that practice concerns
9training or apprenticeship programs. In the case of training or
10apprenticeship programs, for the purposes of Section 2-102,
11"age" means the chronological age of a person who is 18 but not
12yet 40 years old.
13    (B) Aggrieved party. "Aggrieved party" means a person who
14is alleged or proved to have been injured by a civil rights
15violation or believes he or she will be injured by a civil
16rights violation under Article 3 that is about to occur.
17    (C) Charge. "Charge" means an allegation filed with the
18Department by an aggrieved party or initiated by the Department
19under its authority.
20    (D) Civil rights violation. "Civil rights violation"
21includes and shall be limited to only those specific acts set
22forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
233-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
246-101, and 6-102 of this Act.
25    (E) Commission. "Commission" means the Human Rights

 

 

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1Commission created by this Act.
2    (F) Complaint. "Complaint" means the formal pleading filed
3by the Department with the Commission following an
4investigation and finding of substantial evidence of a civil
5rights violation.
6    (G) Complainant. "Complainant" means a person including
7the Department who files a charge of civil rights violation
8with the Department or the Commission.
9    (H) Department. "Department" means the Department of Human
10Rights created by this Act.
11    (I) Disability. "Disability" means a determinable physical
12or mental characteristic of a person, including, but not
13limited to, a determinable physical characteristic which
14necessitates the person's use of a guide, hearing or support
15dog, the history of such characteristic, or the perception of
16such characteristic by the person complained against, which may
17result from disease, injury, congenital condition of birth or
18functional disorder and which characteristic:
19        (1) For purposes of Article 2, is unrelated to the
20    person's ability to perform the duties of a particular job
21    or position and, pursuant to Section 2-104 of this Act, a
22    person's illegal use of drugs or alcohol is not a
23    disability;
24        (2) For purposes of Article 3, is unrelated to the
25    person's ability to acquire, rent, or maintain a housing
26    accommodation;

 

 

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1        (3) For purposes of Article 4, is unrelated to a
2    person's ability to repay;
3        (4) For purposes of Article 5, is unrelated to a
4    person's ability to utilize and benefit from a place of
5    public accommodation;
6        (5) For purposes of Article 5, also includes any
7    mental, psychological, or developmental disability,
8    including autism spectrum disorders.
9    (J) Marital status. "Marital status" means the legal status
10of being married, single, separated, divorced, or widowed.
11    (J-1) Military status. "Military status" means a person's
12status on active duty in or status as a veteran of the armed
13forces of the United States, status as a current member or
14veteran of any reserve component of the armed forces of the
15United States, including the United States Army Reserve, United
16States Marine Corps Reserve, United States Navy Reserve, United
17States Air Force Reserve, and United States Coast Guard
18Reserve, or status as a current member or veteran of the
19Illinois Army National Guard or Illinois Air National Guard.
20    (K) National origin. "National origin" means the place in
21which a person or one of his or her ancestors was born.
22    (K-5) "Order of protection status" means a person's status
23as being a person protected under an order of protection issued
24pursuant to the Illinois Domestic Violence Act of 1986, Article
25112A of the Code of Criminal Procedure of 1963, the Stalking No
26Contact Order Act, or the Civil No Contact Order Act, or an

 

 

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1order of protection issued by a court of another state.
2    (L) Person. "Person" includes one or more individuals,
3partnerships, associations or organizations, labor
4organizations, labor unions, joint apprenticeship committees,
5or union labor associations, corporations, the State of
6Illinois and its instrumentalities, political subdivisions,
7units of local government, legal representatives, trustees in
8bankruptcy or receivers.
9    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
10or medical or common conditions related to pregnancy or
11childbirth.
12    (M) Public contract. "Public contract" includes every
13contract to which the State, any of its political subdivisions,
14or any municipal corporation is a party.
15    (N) Religion. "Religion" includes all aspects of religious
16observance and practice, as well as belief, except that with
17respect to employers, for the purposes of Article 2, "religion"
18has the meaning ascribed to it in paragraph (F) of Section
192-101.
20    (O) Sex. "Sex" means the status of being male or female.
21    (O-1) Sexual orientation. "Sexual orientation" means
22actual or perceived heterosexuality, homosexuality,
23bisexuality, or gender-related identity, whether or not
24traditionally associated with the person's designated sex at
25birth. "Sexual orientation" does not include a physical or
26sexual attraction to a minor by an adult.

 

 

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1    (P) Unfavorable military discharge. "Unfavorable military
2discharge" includes discharges from the Armed Forces of the
3United States, their Reserve components, or any National Guard
4or Naval Militia which are classified as RE-3 or the equivalent
5thereof, but does not include those characterized as RE-4 or
6"Dishonorable".
7    (Q) Unlawful discrimination. "Unlawful discrimination"
8means: (1) discrimination against a person because of his or
9her race, color, religion, national origin, ancestry, age, sex,
10marital status, order of protection status, disability,
11military status, sexual orientation, pregnancy, or unfavorable
12discharge from military service as those terms are defined in
13this Section; or (2) the performance of an abortion solely
14because of the race, color, sex, disability, national origin,
15or ancestry of the fetus. As used in this subsection (Q),
16"fetus" has the meaning ascribed to it in Section 2 of the
17Illinois Abortion Law of 1975.
18(Source: P.A. 100-714, eff. 1-1-19; revised 10-4-18.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.