Illinois General Assembly - Full Text of HB4445
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Full Text of HB4445  102nd General Assembly

HB4445 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4445

 

Introduced 1/21/2022, by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Informed Consent of Minors for Abortion Act. Provides that no person shall perform or induce an abortion for a patient under the age of 18, unless, at least 72 hours prior thereto, the patient has conferred with a licensed professional counselor, licensed clinical professional counselor, or qualified examiner and discussed the indicators, contraindications, risk factors, and the use of medications. Provides that if the patient chooses to proceed with the abortion after a conference, the licensed professional counselor, licensed clinical professional counselor, or qualified examiner shall sign and shall cause the patient to sign a written statement that the patient has given the patient's informed consent freely and without coercion.


LRB102 22307 LNS 31442 b

 

 

A BILL FOR

 

HB4445LRB102 22307 LNS 31442 b

1    AN ACT concerning abortion.
 
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
5Informed Consent of Minors for Abortion Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Licensed clinical professional counselor" has the meaning
8provided in Section 10 of the Professional Counselor and
9Clinical Professional Counselor Licensing and Practice Act.
10    "Licensed professional counselor" has the meaning provided
11in Section 10 of the Professional Counselor and Clinical
12Professional Counselor Licensing and Practice Act.
13    "Qualified examiner" has the meaning provided in Section
141-122 of the Mental Health and Developmental Disabilities
15Code.
 
16    Section 10. Informed consent of minors for abortion.
17    (a) Except in the case of a medical emergency, no person
18shall perform or induce an abortion for a patient under the age
19of 18 unless, at least 72 hours prior thereto, the patient has
20conferred with a licensed professional counselor, licensed
21clinical professional counselor, or qualified examiner and
22discussed the indicators, contraindications, risk factors,

 

 

HB4445- 2 -LRB102 22307 LNS 31442 b

1including any physical, psychological, or situational factors
2for the proposed procedure, and the use of medications,
3including, but not limited to, mifepristone, in light of the
4patient's medical history and medical condition. For an
5abortion performed or an abortion induced by a drug or drugs,
6the conference shall take place at least 72 hours prior to the
7writing or communication of the first prescription for the
8drug or drugs in connection with inducing an abortion. Only
9one conference shall be required for each abortion. The
10licensed professional counselor, licensed clinical
11professional counselor, or qualified examiner shall not be
12employed on a permanent, temporary, or contractual basis by
13the facility that will perform the abortion or prescribe the
14medications that are to be used in connection with inducing an
15abortion.
16    (b) The patient shall be evaluated during the conference
17for indicators, contraindications, and risk factors, including
18any physical, psychological, or situational factors which
19would predispose the patient to or increase the risk of
20experiencing one or more adverse physical, emotional, or other
21health reactions to the proposed procedure or drug or drugs in
22either the short-term or long-term as compared with other
23patients who do not possess such risk factors.
24    (c) At the end of the conference, and if the patient
25chooses to proceed with the abortion, the licensed
26professional counselor, licensed clinical professional

 

 

HB4445- 3 -LRB102 22307 LNS 31442 b

1counselor, or qualified examiner shall sign and shall cause
2the patient to sign a written statement that the patient has
3given the patient's informed consent freely and without
4coercion after the licensed professional counselor, licensed
5clinical professional counselor, or qualified examiner had
6discussed with the patient the indicators, contraindications,
7and risk factors, including any physical, psychological, or
8situational factors. All executed statements shall be
9maintained as part of the patient's medical file, subject to
10the confidentiality laws and rules of this State.