Illinois General Assembly - Full Text of HB2980
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Full Text of HB2980  102nd General Assembly

HB2980 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2980

 

Introduced 2/19/2021, by Rep. Thomas Morrison

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Ultrasound Opportunity Act. Sets forth legislative findings and definitions. Provides that at any facility where abortions are performed, the physician who is to perform the abortion, the referring physician, or another qualified person working in conjunction with either physician shall offer any woman seeking an abortion after 8 weeks of gestation an opportunity to receive and view an active ultrasound of her unborn child by someone qualified to perform ultrasounds at the facility, or at a facility listed in a listing of local ultrasound providers provided by the facility, prior to the woman having any part of an abortion performed or induced and prior to the administration of any anesthesia or medication in preparation for the abortion. Provides that the requirements of the Act shall not apply when, in the medical judgment of the physician performing or inducing the abortion, there exists a medical emergency. Contains a severability provision. Effective immediately.


LRB102 14948 CPF 20303 b

 

 

A BILL FOR

 

HB2980LRB102 14948 CPF 20303 b

1    AN ACT concerning public health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Ultrasound Opportunity Act.
 
6    Section 5. Legislative findings and purpose.
7    (a) The General Assembly finds as follows:
8        (1) Ultrasound requirements serve an essential medical
9    purpose in confirming the presence, location, and
10    gestational age of a pregnancy.
11        (2) Ultrasound requirements also serve an essential
12    medical purpose in diagnosing ectopic pregnancies, which,
13    if left undiagnosed, can result in infertility or even
14    fatal blood loss.
15        (3) Furthermore, it is critical to the psychological
16    and physical well-being of a woman considering an abortion
17    that she receive complete and accurate information on the
18    reality and status of her pregnancy and of her unborn
19    child.
20        (4) The decision to abort "is an important, and often
21    a stressful one, and it is desirable and imperative that
22    it be made with full knowledge of its nature and
23    consequences". Planned Parenthood v. Danforth, 428 U.S.

 

 

HB2980- 2 -LRB102 14948 CPF 20303 b

1    52, 67 (1976).
2    (b) Based on the findings in subsection (a) of this
3Section, the purposes of this Act are to:
4        (1) protect the physical health and welfare of every
5    woman considering an abortion;
6        (2) ensure that every woman considering an abortion
7    receive complete information on the reality and status of
8    her pregnancy and of her unborn child and that every woman
9    submitting to an abortion do so only after giving her
10    voluntary and informed consent to the abortion procedure;
11        (3) protect the unborn child from a woman's uninformed
12    decision to have an abortion; and
13        (4) reduce "the risk that a woman may elect an
14    abortion, only to discover later, with devastating
15    psychological consequences, that her decision was not
16    fully informed". Planned Parenthood v. Casey, 505 U.S.
17    833, 882 (1992).
 
18    Section 10. Definitions. Unless the language or context
19clearly indicates a different meaning is intended, the
20following words or phrases for the purpose of this Act shall be
21given the meaning ascribed to them:
22    "Abortion" means the use of any instrument, medicine,
23drug, or any other substance or device to terminate the
24pregnancy of a woman known to be pregnant with an intention
25other than to increase the probability of a live birth, to

 

 

HB2980- 3 -LRB102 14948 CPF 20303 b

1preserve the life or health of the child after live birth, or
2to remove a dead fetus.
3    "Medical emergency" means a condition that, on the basis
4of the physician's good faith clinical judgment, so
5complicates the medical condition of a pregnant woman as to
6necessitate the immediate abortion of her pregnancy to avert
7her death or for which a delay will create serious risk of
8substantial and irreversible impairment of major bodily
9function.
10    "Physician" means any person licensed to practice medicine
11in all its branches under the Medical Practice Act of 1987.
12    "Qualified person" means a person having documented
13evidence that he or she has completed a course in the operation
14of ultrasound equipment and is in compliance with any other
15requirements of law regarding the operation of ultrasound
16equipment.
 
17    Section 15. Offer of ultrasound required.
18    (a) At any facility where abortions are performed, the
19physician who is to perform the abortion, the referring
20physician, or another qualified person working in conjunction
21with either physician shall offer any woman seeking an
22abortion after 8 weeks of gestation an opportunity to receive
23and view an active ultrasound of her unborn child by someone
24qualified to perform ultrasounds at the facility, or at a
25facility listed in a listing of local ultrasound providers

 

 

HB2980- 4 -LRB102 14948 CPF 20303 b

1provided by the facility, prior to the woman having any part of
2an abortion performed or induced, and prior to the
3administration of any anesthesia or medication in preparation
4for the abortion.
5    (b) The ultrasound shall be performed by a qualified
6person or persons. The active ultrasound image must be of a
7quality consistent with standard medical practice. The woman's
8response to the offer must be documented by the facility,
9including the date and time of the offer and the woman's
10signature attesting to her informed decision to accept or
11decline the offer.
 
12    Section 20. Medical emergency. The requirements under this
13Act shall not apply when, in the medical judgment of the
14physician performing or inducing the abortion based on the
15particular facts of the case before him or her, there exists a
16medical emergency.
 
17    Section 97. Severability. The provisions of this Act are
18severable under Section 1.31 of the Statute on Statutes.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.