Full Text of HB4085 97th General Assembly
HB4085eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning public health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Ultrasound 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 a | 21 | | stressful one, and it is desirable and imperative that it | 22 | | be made with full knowledge of its nature and | 23 | | consequences". Planned Parenthood v. Danforth, 428 U.S. |
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| 1 | | 52, 67 (1976).
| 2 | | (b) Based on the findings in subsection (a) of this | 3 | | Section, 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. 833, | 17 | | 882 (1992). | 18 | | Section 10. Definitions. Unless the language or context | 19 | | clearly indicates a different meaning is intended, the | 20 | | following words or phrases for the purpose of this Act shall be | 21 | | given the meaning ascribed to them: | 22 | | "Abortion" means the use of any instrument, medicine, drug, | 23 | | or any other substance or device to terminate the pregnancy of | 24 | | a woman known to be pregnant with an intention other than to | 25 | | increase the probability of a live birth, to preserve the life |
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| 1 | | or health of the child after live birth, or to remove a dead | 2 | | fetus. | 3 | | "Medical emergency" means a condition that, on the basis of | 4 | | the physician's good faith clinical judgment, so complicates | 5 | | the medical condition of a pregnant woman as to necessitate the | 6 | | immediate abortion of her pregnancy to avert her death or for | 7 | | which a delay will create serious risk of substantial and | 8 | | irreversible impairment of major bodily function. | 9 | | "Physician" means any person licensed to practice medicine | 10 | | in all its branches under the Medical Practice Act of 1987. | 11 | | "Qualified person" means a person having documented | 12 | | evidence that he or she has completed a course in the operation | 13 | | of ultrasound equipment and is in compliance with any other | 14 | | requirements of law regarding the operation of ultrasound | 15 | | equipment. | 16 | | Section 15. Offer of ultrasound required. | 17 | | (a) At any facility where abortions are performed the | 18 | | physician who is to perform the abortion, the referring | 19 | | physician, or another qualified person working in conjunction | 20 | | with either physician shall offer any woman seeking an abortion | 21 | | after 7 weeks of gestation an opportunity to receive and view | 22 | | an active ultrasound of her unborn child by someone qualified | 23 | | to perform ultrasounds at the facility, or at a facility listed | 24 | | in a listing of local ultrasound providers provided by the | 25 | | facility, prior to the woman having any part of an abortion |
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| 1 | | performed or induced, and prior to the administration of any | 2 | | anesthesia or medication in preparation for the abortion. | 3 | | (b) The ultrasound shall be performed by a qualified person | 4 | | or persons. The active ultrasound image must be of a quality | 5 | | consistent with standard medical practice. The woman's | 6 | | response to the offer must be documented by the facility, | 7 | | including the date and time of the offer and the woman's | 8 | | signature attesting to her informed decision to accept or | 9 | | decline the offer. | 10 | | Section 20. Reports. The Department of Public Health shall | 11 | | prepare and make available a reporting form, to be submitted by | 12 | | each abortion facility to the Department annually. The form | 13 | | shall provide for the collection of the following information: | 14 | | (1) The number of women who chose to view an ultrasound | 15 | | of their unborn children pursuant to this Act and the | 16 | | number who did not; and of each of those numbers, the | 17 | | number who, to the best of the reporting facility's | 18 | | information and belief, went on to obtain the abortion. | 19 | | (2) The name of the facility. | 20 | | (3) The date of the report. | 21 | | Section 25. Medical emergency. The requirements under this | 22 | | Act shall not apply when, in the medical judgment of the | 23 | | physician performing or inducing the abortion based on the | 24 | | particular facts of the case before him or her, there exists a |
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| 1 | | medical emergency. | 2 | | Section 97. Severability. The provisions of this Act are | 3 | | severable under Section 1.31 of the Statute on Statutes.
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