Full Text of HB2281 101st General Assembly
HB2281 101ST GENERAL ASSEMBLY |
| | 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 |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Medical Practice Act of 1987 is amended by | 5 | | changing 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, | 10 | | reprimand, refuse to issue or renew, or take any other | 11 | | disciplinary or non-disciplinary action as the Department may | 12 | | deem proper
with regard to the license or permit of any person | 13 | | issued
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 | 2 | | proceedings to suspend,
revoke, place on probationary status, | 3 | | or take any
other disciplinary action as the Department may | 4 | | deem proper, with regard to a
license on any of the foregoing | 5 | | grounds, must be commenced within 5 years next
after receipt by | 6 | | the Department of a complaint alleging the commission of or
| 7 | | notice of the conviction order for any of the acts described | 8 | | herein. Except
for the grounds numbered (8), (9), (26), and | 9 | | (29), no action shall be commenced more
than 10 years after the | 10 | | date of the incident or act alleged to have violated
this | 11 | | Section. For actions involving the ground numbered (26), a | 12 | | pattern of practice or other behavior includes all incidents | 13 | | alleged to be part of the pattern of practice or other behavior | 14 | | that occurred, or a report pursuant to Section 23 of this Act | 15 | | received, within the 10-year period preceding the filing of the | 16 | | complaint. In the event of the settlement of any claim or cause | 17 | | of action
in favor of the claimant or the reduction to final | 18 | | judgment of any civil action
in favor of the plaintiff, such | 19 | | claim, cause of action or civil action being
grounded on the | 20 | | allegation that a person licensed under this Act was negligent
| 21 | | in providing care, the Department shall have an additional | 22 | | period of 2 years
from the date of notification to the | 23 | | Department under Section 23 of this Act
of such settlement or | 24 | | final judgment in which to investigate and
commence formal | 25 | | disciplinary proceedings under Section 36 of this Act, except
| 26 | | as otherwise provided by law. The time during which the holder |
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| 1 | | of the license
was outside the State of Illinois shall not be | 2 | | included within any period of
time limiting the commencement of | 3 | | disciplinary action by the Department.
| 4 | | The entry of an order or judgment by any circuit court | 5 | | establishing that any
person holding a license under this Act | 6 | | is a person in need of mental treatment
operates as a | 7 | | suspension of that license. That person may resume their
| 8 | | practice only upon the entry of a Departmental order based upon | 9 | | a finding by
the Disciplinary Board that they have been | 10 | | determined to be recovered
from mental illness by the court and | 11 | | upon the Disciplinary Board's
recommendation that they be | 12 | | permitted to resume their practice.
| 13 | | The Department may refuse to issue or take disciplinary | 14 | | action concerning the license of any person
who fails to file a | 15 | | return, or to pay the tax, penalty or interest shown in a
filed | 16 | | return, or to pay any final assessment of tax, penalty or | 17 | | interest, as
required by any tax Act administered by the | 18 | | Illinois Department of Revenue,
until such time as the | 19 | | requirements of any such tax Act are satisfied as
determined by | 20 | | the Illinois Department of Revenue.
| 21 | | The Department, upon the recommendation of the | 22 | | Disciplinary Board, shall
adopt rules which set forth standards | 23 | | to 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 | 10 | | any civil action
except for review of a licensing or other | 11 | | disciplinary action under this Act.
| 12 | | In enforcing this Section, the Disciplinary Board or the | 13 | | Licensing Board,
upon a showing of a possible violation, may | 14 | | compel, in the case of the Disciplinary Board, any individual | 15 | | who is licensed to
practice under this Act or holds a permit to | 16 | | practice under this Act, or, in the case of the Licensing | 17 | | Board, any individual who has applied for licensure or a permit
| 18 | | pursuant to this Act, to submit to a mental or physical | 19 | | examination and evaluation, or both,
which may include a | 20 | | substance abuse or sexual offender evaluation, as required by | 21 | | the Licensing Board or Disciplinary Board and at the expense of | 22 | | the Department. The Disciplinary Board or Licensing Board shall | 23 | | specifically designate the examining physician licensed to | 24 | | practice medicine in all of its branches or, if applicable, the | 25 | | multidisciplinary team involved in providing the mental or | 26 | | physical examination and evaluation, or both. The |
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| 1 | | multidisciplinary team shall be led by a physician licensed to | 2 | | practice medicine in all of its branches and may consist of one | 3 | | or more or a combination of physicians licensed to practice | 4 | | medicine in all of its branches, licensed chiropractic | 5 | | physicians, licensed clinical psychologists, licensed clinical | 6 | | social workers, licensed clinical professional counselors, and | 7 | | other professional and administrative staff. Any examining | 8 | | physician or member of the multidisciplinary team may require | 9 | | any person ordered to submit to an examination and evaluation | 10 | | pursuant to this Section to submit to any additional | 11 | | supplemental testing deemed necessary to complete any | 12 | | examination or evaluation process, including, but not limited | 13 | | to, blood testing, urinalysis, psychological testing, or | 14 | | neuropsychological testing.
The Disciplinary Board, the | 15 | | Licensing Board, or the Department may order the examining
| 16 | | physician or any member of the multidisciplinary team to | 17 | | provide to the Department, the Disciplinary Board, or the | 18 | | Licensing Board any and all records, including business | 19 | | records, that relate to the examination and evaluation, | 20 | | including any supplemental testing performed. The Disciplinary | 21 | | Board, the Licensing Board, or the Department may order the | 22 | | examining physician or any member of the multidisciplinary team | 23 | | to present testimony concerning this examination
and | 24 | | evaluation of the licensee, permit holder, or applicant, | 25 | | including testimony concerning any supplemental testing or | 26 | | documents relating to the examination and evaluation. No |
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| 1 | | information, report, record, or other documents in any way | 2 | | related to the examination and evaluation shall be excluded by | 3 | | reason of
any common
law or statutory privilege relating to | 4 | | communication between the licensee, permit holder, or
| 5 | | applicant and
the examining physician or any member of the | 6 | | multidisciplinary team.
No authorization is necessary from the | 7 | | licensee, permit holder, or applicant ordered to undergo an | 8 | | evaluation and examination for the examining physician or any | 9 | | member of the multidisciplinary team to provide information, | 10 | | reports, records, or other documents or to provide any | 11 | | testimony regarding the examination and evaluation. The | 12 | | individual to be examined may have, at his or her own expense, | 13 | | another
physician of his or her choice present during all | 14 | | aspects of the examination.
Failure of any individual to submit | 15 | | to mental or physical examination and evaluation, or both, when
| 16 | | directed, shall result in an automatic suspension, without | 17 | | hearing, until such time
as the individual submits to the | 18 | | examination. If the Disciplinary Board or Licensing Board finds | 19 | | a physician unable
to practice following an examination and | 20 | | evaluation because of the reasons set forth in this Section, | 21 | | the Disciplinary
Board or Licensing Board shall require such | 22 | | physician to submit to care, counseling, or treatment
by | 23 | | physicians, or other health care professionals, approved or | 24 | | designated by the Disciplinary Board, as a condition
for | 25 | | issued, continued, reinstated, or renewed licensure to | 26 | | practice. Any physician,
whose license was granted pursuant to |
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| 1 | | Sections 9, 17, or 19 of this Act, or,
continued, reinstated, | 2 | | renewed, disciplined or supervised, subject to such
terms, | 3 | | conditions or restrictions who shall fail to comply with such | 4 | | terms,
conditions or restrictions, or to complete a required | 5 | | program of care,
counseling, or treatment, as determined by the | 6 | | Chief Medical Coordinator or
Deputy Medical Coordinators, | 7 | | shall be referred to the Secretary for a
determination as to | 8 | | whether the licensee shall have their license suspended
| 9 | | immediately, pending a hearing by the Disciplinary Board. In | 10 | | instances in
which the Secretary immediately suspends a license | 11 | | under this Section, a hearing
upon such person's license must | 12 | | be convened by the Disciplinary Board within 15
days after such | 13 | | suspension and completed without appreciable delay. The
| 14 | | Disciplinary Board shall have the authority to review the | 15 | | subject physician's
record of treatment and counseling | 16 | | regarding the impairment, to the extent
permitted by applicable | 17 | | federal statutes and regulations safeguarding the
| 18 | | confidentiality of medical records.
| 19 | | An individual licensed under this Act, affected under this | 20 | | Section, shall be
afforded an opportunity to demonstrate to the | 21 | | Disciplinary Board that they can
resume practice in compliance | 22 | | with acceptable and prevailing standards under
the provisions | 23 | | of their license.
| 24 | | The Department may promulgate rules for the imposition of | 25 | | fines in
disciplinary cases, not to exceed
$10,000 for each | 26 | | violation of this Act. Fines
may be imposed in conjunction with |
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| 1 | | other forms of disciplinary action, but
shall not be the | 2 | | exclusive disposition of any disciplinary action arising out
of | 3 | | conduct resulting in death or injury to a patient. Any funds | 4 | | collected from
such fines shall be deposited in the Illinois | 5 | | State Medical Disciplinary Fund.
| 6 | | All fines imposed under this Section shall be paid within | 7 | | 60 days after the effective date of the order imposing the fine | 8 | | or in accordance with the terms set forth in the order imposing | 9 | | the fine. | 10 | | (B) The Department shall revoke the license or
permit | 11 | | issued under this Act to practice medicine or a chiropractic | 12 | | physician who
has been convicted a second time of committing | 13 | | any felony under the
Illinois Controlled Substances Act or the | 14 | | Methamphetamine Control and Community Protection Act, or who | 15 | | has been convicted a second time of
committing a Class 1 felony | 16 | | under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A | 17 | | person whose license or permit is revoked
under
this subsection | 18 | | B shall be prohibited from practicing
medicine or treating | 19 | | human ailments without the use of drugs and without
operative | 20 | | surgery.
| 21 | | (C) The Department shall not revoke, suspend, place on | 22 | | probation, reprimand, refuse to issue or renew, or take any | 23 | | other disciplinary or non-disciplinary action against the | 24 | | license or permit issued under this Act to practice medicine to | 25 | | a 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
| 9 | | Department civil
penalties and any other appropriate | 10 | | discipline in disciplinary cases when the
Board finds that a | 11 | | physician willfully performed an abortion with actual
| 12 | | knowledge that the person upon whom the abortion has been | 13 | | performed is a minor
or an incompetent person without notice as | 14 | | required under the Parental Notice
of Abortion Act of 1995. | 15 | | Upon the Board's recommendation, the Department shall
impose, | 16 | | for the first violation, a civil penalty of $1,000 and for a | 17 | | second 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; | 19 | | 100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff. | 20 | | 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised | 21 | | 12-19-18.)
| 22 | | Section 10. The Illinois Abortion Law of 1975 is amended by | 23 | | changing Sections 10 and 11 and by adding Sections 3.2, 3.3, | 24 | | and 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
| 25 | | perform an abortion before the earlier of viability of the | 26 | | fetus or
20 weeks of postfertilization age if the person knows |
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| 1 | | that
the pregnant woman is seeking a sex selective abortion. | 2 | | (c) A person may not intentionally perform or attempt to
| 3 | | perform an abortion after viability of the fetus or 20
weeks of | 4 | | postfertilization age if the person knows that the pregnant
| 5 | | woman is seeking a sex selective abortion. | 6 | | (d) A person may not intentionally perform or attempt to
| 7 | | perform an abortion before the earlier of viability of the | 8 | | fetus or
20 weeks of postfertilization age if the person knows | 9 | | that
the pregnant woman is seeking the abortion solely because | 10 | | the
fetus has been diagnosed with Down syndrome or has a | 11 | | potential diagnosis of Down syndrome. | 12 | | (e) A person may not intentionally perform or attempt to
| 13 | | perform an abortion after viability of the fetus or 20
weeks of | 14 | | postfertilization age if the person knows that the pregnant
| 15 | | woman is seeking the abortion solely because the fetus has been
| 16 | | diagnosed with Down syndrome or has a potential diagnosis of
| 17 | | Down syndrome. | 18 | | (f) A person may not intentionally perform or attempt to
| 19 | | perform an abortion before the earlier of viability of the | 20 | | fetus or
20 weeks of postfertilization age if the person knows | 21 | | that
the pregnant woman is seeking the abortion solely because | 22 | | the
fetus has been diagnosed with any other disability or has a
| 23 | | potential diagnosis of any other disability. | 24 | | (g) A person may not intentionally perform or attempt to
| 25 | | perform an abortion after viability of the fetus or 20
weeks of | 26 | | postfertilization age if the person knows that the pregnant
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| 1 | | woman is seeking the abortion solely because the fetus has been
| 2 | | diagnosed with any other disability or has a potential | 3 | | diagnosis of
any other disability. | 4 | | (h) A person may not intentionally perform or attempt to
| 5 | | perform an abortion before the earlier of viability of the | 6 | | fetus or
20 weeks of postfertilization age if the person knows | 7 | | that
the pregnant woman is seeking the abortion solely because | 8 | | of the
race, color, national origin, or ancestry of the fetus. | 9 | | (i) A person may not intentionally perform or attempt to
| 10 | | perform an abortion after viability of the fetus or 20
weeks of | 11 | | postfertilization age if the person knows that the pregnant
| 12 | | woman is seeking the abortion solely because of the race, | 13 | | color,
national origin, or ancestry of the fetus. | 14 | | (j) A person who knowingly or intentionally performs an
| 15 | | abortion 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
| 20 | | violation of this Section may not be prosecuted for violating | 21 | | or
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 | 25 | | brochure and post the perinatal hospice brochure on the
| 26 | | Department's Internet web site. |
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| 1 | | (d) The perinatal brochure developed under this Section | 2 | | must
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 | 12 | | list of all perinatal hospice providers and programs in this | 13 | | State.
The Department may include on the list perinatal hospice
| 14 | | providers and programs in other states that provide care to
| 15 | | residents of this State. The Department shall post the list of
| 16 | | perinatal hospice providers and programs on the Department's | 17 | | Internet web site. | 18 | | (f) The Department shall develop a form on which
a pregnant | 19 | | woman certifies, at the time of receiving a diagnosis
that the | 20 | | pregnant woman's unborn child has a lethal fetal anomaly,
that | 21 | | the 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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| 1 | | child
with the lethal fetal anomaly shall, at the time of | 2 | | diagnosis: | 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 | 11 | | the effective date of this amendatory Act of the 101st General | 12 | | Assembly 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
| 16 | | because of the fetus's race, color, national origin, ancestry,
| 17 | | sex, or diagnosis or potential diagnosis of the fetus having
| 18 | | Down syndrome or any other disability. | 19 | | (b) At least 18 hours before an
abortion is performed on a | 20 | | pregnant woman whose unborn
child has been diagnosed with a | 21 | | lethal fetal anomaly, the physician who
will perform the | 22 | | abortion 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 | 8 | | other
requirements of this Section. | 9 | | (c) If a pregnant woman described in subsection (b) chooses | 10 | | to
have an abortion rather than continuing the pregnancy in | 11 | | perinatal
hospice care, the pregnant woman shall certify in | 12 | | writing, on a
form developed by the Department under subsection | 13 | | (f) of Section 3.3 of this Act, at
least 18 hours before the | 14 | | abortion is performed, that the
pregnant woman has been | 15 | | provided the information described in
subsection (b) in the | 16 | | manner 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 | 19 | | to the
Department on forms prescribed by it. Such report forms | 20 | | shall not
identify the patient by name, but by an individual | 21 | | number to be noted in
the patient's permanent record in the | 22 | | possession of the physician, and
shall include information | 23 | | concerning:
| 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 | 22 | | potential diagnosis of having Down syndrome or any other | 23 | | disability. | 24 | | Such form shall be completed by
the hospital or other | 25 | | licensed facility, signed by the physician who
performed the | 26 | | abortion or pregnancy termination, and transmitted to the
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| 1 | | Department not later than 10 days following the end of the | 2 | | month in
which the abortion was performed.
| 3 | | In the event that a complication of an abortion occurs or | 4 | | becomes
known after submission of such form, a correction using | 5 | | the same patient
identification number shall be submitted to | 6 | | the Department within 10
days of its becoming known.
| 7 | | The Department may prescribe rules and regulations | 8 | | regarding the
administration of this Law and shall prescribe | 9 | | regulations to secure the
confidentiality of the woman's | 10 | | identity in the information to be
provided under the "Vital | 11 | | Records Act". All reports received
by the Department shall be | 12 | | treated as confidential and the Department
shall secure the
| 13 | | woman's anonymity. Such reports shall be used only for | 14 | | statistical purposes.
| 15 | | Upon 30 days public notice, the Department is empowered to | 16 | | require
reporting of any additional information which, in the | 17 | | sound discretion
of the Department, is necessary to develop | 18 | | statistical data relating to
the protection of maternal or | 19 | | fetal life or health, or is necessary to
enforce the provisions | 20 | | of this Law, or is necessary to develop useful
criteria for | 21 | | medical decisions. The Department shall annually report to
the | 22 | | General Assembly all statistical data gathered under this Law | 23 | | and its
recommendations to further the purpose of this Law.
| 24 | | The requirement for reporting to the General Assembly shall | 25 | | be satisfied
by filing copies of the report as required
by | 26 | | Section 3.1 of the General Assembly Organization Act, and |
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| 1 | | filing such additional copies
with the State Government Report | 2 | | Distribution Center for the General Assembly
as is required | 3 | | under 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 | 7 | | provision of this
Law , other than those described in Section | 8 | | 3.2, 3.3, or 3.4 of this Act, commits a Class A misdemeanor | 9 | | unless a specific penalty is otherwise
provided. Any person who | 10 | | intentionally falsifies any writing required by
this Law | 11 | | commits a Class A misdemeanor.
| 12 | | Intentional, knowing, reckless, or negligent violations of | 13 | | this Law shall
constitute unprofessional conduct which causes | 14 | | public harm under Section
22 of the Medical Practice Act of | 15 | | 1987, as amended; Section
70-5 of the Nurse Practice Act, and
| 16 | | Section 21 of the Physician Assistant
Practice Act of 1987, as | 17 | | amended.
| 18 | | Intentional, knowing, reckless or negligent violations of | 19 | | this Law will
constitute grounds for refusal, denial, | 20 | | revocation,
suspension, or withdrawal of license, certificate, | 21 | | or permit under Section
30 of the Pharmacy Practice Act, as | 22 | | amended; Section 7 of
the Ambulatory Surgical Treatment Center
| 23 | | Act, effective July 19, 1973, as amended; and Section 7 of the | 24 | | Hospital
Licensing Act.
| 25 | | (2) Any hospital or licensed facility which, or any
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| 1 | | physician who intentionally, knowingly, or recklessly
fails to | 2 | | submit a complete report to the Department in accordance with | 3 | | the
provisions of Section 10 of this Law and any person who | 4 | | intentionally,
knowingly, recklessly or negligently fails to | 5 | | maintain the confidentiality
of any reports required under this | 6 | | Law or reports required by
Sections 10.1 or 12 of this Law | 7 | | commits a Class B misdemeanor.
| 8 | | (3) Any person who sells any drug, medicine, instrument or | 9 | | other
substance which he knows to be an abortifacient and which | 10 | | is in fact an
abortifacient, unless upon prescription of a | 11 | | physician, is guilty of a
Class B misdemeanor. Any person who | 12 | | prescribes or administers any instrument,
medicine, drug or | 13 | | other substance or device, which he knows to be an
| 14 | | abortifacient, and which is in fact an abortifacient, and | 15 | | intentionally,
knowingly or recklessly fails to inform the | 16 | | person for whom it is
prescribed or upon whom it is | 17 | | administered that it is an abortifacient
commits a Class C | 18 | | misdemeanor.
| 19 | | (4) Any person who intentionally, knowingly or recklessly
| 20 | | performs upon a woman what he represents to that woman to be an
| 21 | | abortion when he knows or should know that she is not pregnant | 22 | | commits
a Class 2 felony and shall be answerable in
civil | 23 | | damages 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; | 25 | | 95-876, eff. 8-21-08.)
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| 1 | | Section 15. The Illinois Human Rights Act is amended by | 2 | | changing 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, | 5 | | unless the
context requires otherwise, the term:
| 6 | | (A) Age. "Age" means the chronological age of a person who | 7 | | is at least
40 years old, except with regard to any practice | 8 | | described in Section
2-102, insofar as that practice concerns | 9 | | training or apprenticeship
programs. In the case of training or | 10 | | apprenticeship programs, for the
purposes of Section 2-102, | 11 | | "age" means the chronological age of a person
who is 18 but not | 12 | | yet 40 years old.
| 13 | | (B) Aggrieved party. "Aggrieved party" means a person who | 14 | | is alleged
or proved to have been injured by a civil rights | 15 | | violation or believes he
or she will be injured by a civil | 16 | | rights violation under Article 3 that is
about to occur.
| 17 | | (C) Charge. "Charge" means an allegation filed with the | 18 | | Department
by an aggrieved party or initiated by the Department | 19 | | under its
authority.
| 20 | | (D) Civil rights violation. "Civil rights violation" | 21 | | includes and
shall be limited to only those specific acts set | 22 | | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | 23 | | 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | 24 | | 6-101, and 6-102 of this Act.
| 25 | | (E) Commission. "Commission" means the Human Rights |
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| 1 | | Commission
created by this Act.
| 2 | | (F) Complaint. "Complaint" means the formal pleading filed | 3 | | by
the Department with the Commission following an | 4 | | investigation and
finding of substantial evidence of a civil | 5 | | rights violation.
| 6 | | (G) Complainant. "Complainant" means a person including | 7 | | the
Department who files a charge of civil rights violation | 8 | | with the Department or
the Commission.
| 9 | | (H) Department. "Department" means the Department of Human | 10 | | Rights
created by this Act.
| 11 | | (I) Disability. "Disability" means a determinable physical | 12 | | or mental
characteristic of a person, including, but not | 13 | | limited to, a determinable
physical characteristic which | 14 | | necessitates the person's use of a guide,
hearing or support | 15 | | dog, the history of such characteristic, or the
perception of | 16 | | such characteristic by the person complained against, which
may | 17 | | result from disease, injury, congenital condition of birth or
| 18 | | functional 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 | 10 | | of being
married, single, separated, divorced , or widowed.
| 11 | | (J-1) Military status. "Military status" means a person's | 12 | | status on
active duty in or status as a veteran of the armed | 13 | | forces of the United States, status as a current member or | 14 | | veteran of any
reserve component of the armed forces of the | 15 | | United States, including the United
States Army Reserve, United | 16 | | States Marine Corps Reserve, United States Navy
Reserve, United | 17 | | States Air Force Reserve, and United States Coast Guard
| 18 | | Reserve, or status as a current member or veteran of the | 19 | | Illinois Army National Guard or Illinois Air National
Guard.
| 20 | | (K) National origin. "National origin" means the place in | 21 | | which a
person or one of his or her ancestors was born.
| 22 | | (K-5) "Order of protection status" means a person's status | 23 | | as being a person protected under an order of protection issued | 24 | | pursuant to the Illinois Domestic Violence Act of 1986, Article | 25 | | 112A of the Code of Criminal Procedure of 1963, the Stalking No | 26 | | Contact Order Act, or the Civil No Contact Order Act, or an |
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| 1 | | order of protection issued by a court of another state. | 2 | | (L) Person. "Person" includes one or more individuals, | 3 | | partnerships,
associations or organizations, labor | 4 | | organizations, labor unions, joint
apprenticeship committees, | 5 | | or union labor associations, corporations, the
State of | 6 | | Illinois and its instrumentalities, political subdivisions, | 7 | | units
of local government, legal representatives, trustees in | 8 | | bankruptcy
or receivers.
| 9 | | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | 10 | | or medical or common conditions related to pregnancy or | 11 | | childbirth. | 12 | | (M) Public contract. "Public contract" includes every | 13 | | contract to which the
State, any of its political subdivisions , | 14 | | or any municipal corporation is a
party.
| 15 | | (N) Religion. "Religion" includes all aspects of religious | 16 | | observance
and practice, as well as belief, except that with | 17 | | respect to employers, for
the purposes of Article 2, "religion" | 18 | | has the meaning ascribed to it in
paragraph (F) of Section | 19 | | 2-101.
| 20 | | (O) Sex. "Sex" means the status of being male or female.
| 21 | | (O-1) Sexual orientation. "Sexual orientation" means | 22 | | actual or
perceived heterosexuality, homosexuality, | 23 | | bisexuality, or gender-related identity,
whether or not | 24 | | traditionally associated with the person's designated sex at
| 25 | | birth. "Sexual orientation" does not include a physical or | 26 | | sexual attraction to a minor by an adult.
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| 1 | | (P) Unfavorable military discharge. "Unfavorable military | 2 | | discharge"
includes discharges from the Armed Forces of the | 3 | | United States, their
Reserve components , or any National Guard | 4 | | or Naval Militia which are
classified as RE-3 or the equivalent | 5 | | thereof, but does not include those
characterized as RE-4 or | 6 | | "Dishonorable".
| 7 | | (Q) Unlawful discrimination. "Unlawful discrimination" | 8 | | means : (1) discrimination
against a person because of his or | 9 | | her race, color, religion, national origin,
ancestry, age, sex, | 10 | | marital status, order of protection status, disability, | 11 | | military status, sexual
orientation, pregnancy,
or unfavorable
| 12 | | discharge from military service as those terms are defined in | 13 | | this Section ; or (2) the performance of an abortion solely | 14 | | because of the race,
color, sex, disability, national origin, | 15 | | or ancestry of the fetus. As used in this subsection (Q), | 16 | | "fetus" has the meaning ascribed to it in Section 2 of the | 17 | | Illinois 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 | 20 | | becoming law. |
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