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90_HB3174
New Act
110 ILCS 330/3-5 new
210 ILCS 5/10f-5 new
210 ILCS 85/7-5 new
225 ILCS 60/22 from Ch. 111, par. 4400-22
225 ILCS 60/22-5 new
Creates the Woman's Right to Know Act. Requires informed
consent of a woman before an abortion may be performed on
her. Requires that at least 24 hours before an impending
abortion, the physician or a qualified person must give the
woman specific oral and printed information concerning
abortion. Requires the Department of Public Health to
develop and make available printed and video materials.
Requires a facility other than a hospital that offers
abortion services to have a physician with full admitting
privileges at a nearby hospital for follow-up care for the
facility's patients who receive abortion services. Provides
for emergencies. Requires reporting to the Department of
Public Health of each abortion performed in the State.
Violation of the Act is a Class A midemeanor and is grounds
under the Medical Practice Act of 1987 for disciplinary
action against a physician. Provides for civil penalties.
Failure to file certain reports, upon conviction, results in
license suspension for the facility or physician failing to
report. Effective 90 days after becoming law.
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1 AN ACT creating the Woman's Right to Know Act, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Title. This Act may be cited as the Woman's
6 Right to Know Act.
7 Section 5. Legislative findings and purposes.
8 (a) The General Assembly of the State of Illinois finds
9 that:
10 (1) It is essential to the psychological and
11 physical well-being of a woman considering an abortion
12 that she receive complete and accurate information on her
13 alternatives.
14 (2) The knowledgeable exercise of a woman's
15 decision to have an abortion depends on the extent to
16 which the woman receives sufficient information to make
17 an informed choice between 2 alternatives: giving birth
18 or having an abortion.
19 (3) Many abortions are performed in clinics devoted
20 solely to providing abortions and family planning
21 services. Most women who seek abortions at these
22 facilities do not have any relationship with the
23 physician who performs the abortion, before or after the
24 procedure. They do not return to the facility for
25 post-surgical care. In most instances, the woman's only
26 actual contact with the physician occurs simultaneously
27 with the abortion procedure, with little opportunity to
28 receive counseling concerning her decision.
29 (4) The decision to abort "is an important, and
30 often a stressful one, and it is desirable and imperative
31 that it be made with full knowledge of its nature and
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1 consequences." Planned Parenthood v. Danforth, 428 U.S.
2 52, 67 (1976).
3 (5) "The medical, emotional, and psychological
4 consequences of an abortion are serious and can be
5 lasting. . . ." H.L. v. Matheson, 450 U.S. 398, 411
6 (1981).
7 (6) Some women seek abortions in great haste and
8 under emotional stress. Some submit to an unwanted
9 abortion against their conscience because of pressure
10 from other people. Women who choose abortion in
11 violation of their consciences are significantly more
12 prone to suffer severe psychological distress following
13 an abortion.
14 (7) "The abortion decision in all its aspects is
15 inherently, and primarily, a medical decision, and basic
16 responsibility for it must rest with the physician." Roe
17 v. Wade, (hereinafter Roe) 410 U.S. 113, 166 (1973). It
18 is clear, both in the law and in standard medical ethics,
19 that patients are not allowed to prescribe their own
20 treatments. Roe at 153. While a woman may initiate a
21 request for an abortion, it is the attending physician
22 who is responsible for determining if an abortion is
23 actually recommended as a form of care given each woman's
24 individual needs and risks.
25 (8) In forming a medical recommendation, the
26 physician is obligated to develop this opinion "in light
27 of all factors - physical, emotional, psychological, and
28 the woman's age - relevant to the well being of the
29 patient." Planned Parenthood v. Danforth 428 U.S. 51,67
30 (1975). And in all cases, the weighing of all the
31 factors should operate "for the benefit, not the
32 disadvantage, of the pregnant woman." Doe v. Bolton 410
33 U.S. 179 (1973) at 192.
34 (b) Based on the findings in subsection (a) of this
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1 Section, it is the purpose of this Act to:
2 (1) Ensure that every woman considering an abortion
3 receive complete information on her alternatives and that
4 every woman submitting to an abortion do so only after
5 giving her voluntary and informed consent to the abortion
6 procedure.
7 (2) Protect unborn children from a woman's
8 uninformed decision to have an abortion.
9 (3) Reduce the risk that a woman may elect an
10 abortion, only to discover later, with devastating
11 psychological consequences, that her decision was not
12 fully informed. Planned Parenthood v. Casey, 112 S.Ct.
13 2791, 2823 (1992).
14 Section 10. Definitions. As used in this Act:
15 (a) "Abortion" means the use or prescription of any
16 instrument, medicine, drug, or any other substance or device
17 with the intent to terminate the pregnancy of a woman known
18 to be pregnant. Such use or prescription is not an abortion
19 if done with the intent to (1) save the life or preserve the
20 health of an unborn child, (2) remove a dead unborn child, or
21 (3) deliver an unborn child prematurely in order to preserve
22 the health of both the pregnant woman and her unborn child.
23 (b) "Coercion" means any form of compulsion or
24 constraint that compels or induces a person to act otherwise
25 than freely, including, but not limited to (1) inflicting or
26 threatening to inflict physical harm on the person; or (2)
27 subjecting the person to physical confinement or restraint;
28 or (3) withholding or withdrawing or threatening to withhold
29 or withdraw financial support from the person dependent on
30 that support; or (4) threatening to expose the person's
31 situation to others as it relates to a pregnancy of that
32 person.
33 (c) "Complication" means that condition that includes
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1 but is not limited to hemorrhage, infection, uterine
2 perforation, cervical laceration, pelvic inflammatory
3 disease, endometritis, and retained products. The Department
4 may further define "complication."
5 (d) "Conception" means the fusion of a human
6 spermatozoon with a human ovum.
7 (e) "Department" means the Department of Public Health
8 of the State of Illinois.
9 (f) "Facility" or "medical facility" means any public or
10 private hospital, clinic, center, medical school, medical
11 training institution, health care facility, physician's
12 office, infirmary, dispensary, ambulatory surgical treatment
13 center or other institution or location wherein medical care
14 is provided to any person.
15 (g) "First trimester" means the first 12 weeks of
16 gestation.
17 (h) "Gestational age" means the time that has elapsed
18 since the first day of the woman's last menstrual period.
19 (i) "Hospital" means an institution licensed under laws
20 of this State.
21 (j) "Medical emergency" means that condition which, on
22 the basis of the physician's good faith clinical judgment, so
23 complicates the medical condition of a pregnant woman as to
24 necessitate the immediate abortion of her pregnancy to avert
25 her death or for which a delay will create serious risk of
26 substantial and irreversible impairment of a major bodily
27 function.
28 (k) "Physician" means any person licensed to practice
29 medicine in all its branches under the Medical Practice Act
30 of 1987.
31 (l) "Pregnant" or "pregnancy" means that female
32 reproductive condition of having an unborn child in the
33 woman's body.
34 (m) "Qualified person" means an agent of the physician
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1 who is a psychologist, licensed social worker, licensed
2 professional counselor, registered nurse, or physician.
3 (n) "Unborn child" means the offspring of human beings
4 from conception until birth.
5 (o) "Viability" means the state of fetal development
6 when, in the judgment of the physician based on the
7 particular facts of the case before him or her and in light
8 of the most advanced medical technology and information
9 available to him or her, there is a reasonable likelihood of
10 sustained survival of the unborn child outside the body of
11 his or her mother, with or without artificial support.
12 (p) "Woman" means any female person.
13 Section 15. Informed consent requirement. No abortion
14 shall be performed or induced without the voluntary and
15 informed consent of the woman upon whom the abortion is to be
16 performed or induced. Except in the case of a medical
17 emergency, consent to an abortion is voluntary and informed
18 if and only if:
19 (a) At least 24 hours before the abortion, the physician
20 who is to perform the abortion or the referring physician has
21 informed the woman, orally and in person, of:
22 (1) The name of the physician who will perform the
23 abortion.
24 (2) A description of the proposed abortion method
25 and of those risks when medically accurate including, but
26 not limited to, the risks of infection, hemorrhage,
27 danger to subsequent pregnancies, breast cancer, the
28 possible adverse psychological effects associated with an
29 abortion, and alternatives to the abortion that a
30 reasonable patient would consider material to the
31 decision of whether or not to undergo the abortion.
32 (3) The probable gestational age of the unborn
33 child at the time the abortion is to be performed, and,
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1 if the unborn child is viable or has reached the
2 gestational age of 24 weeks, that (i) the unborn child
3 may be able to survive outside the womb; (ii) the woman
4 has the right to request the physician to use the method
5 of abortion that is most likely to preserve the life of
6 the unborn child; and (iii) if the unborn child is born
7 alive, the attending physician has the legal obligation
8 to take all reasonable steps necessary to maintain the
9 life and health of the child.
10 (4) The probable anatomical and physiological
11 characteristics of the unborn child at the time the
12 abortion is to be performed.
13 (5) The medical risks associated with carrying her
14 child to term.
15 (6) Any need for anti-Rh immune globulin therapy if
16 she is Rh negative, the likely consequences of refusing
17 such therapy, and the cost of the therapy.
18 (7) Results of the pregnancy test or examinations
19 or both.
20 (b) At least 24 hours before the abortion, the physician
21 who is to perform the abortion, the referring physician, or a
22 qualified person has informed the woman, orally and in
23 person, that:
24 (1) Medical assistance benefits may be available
25 for prenatal care, childbirth, and neonatal care, and
26 that more detailed information on the availability of
27 such assistance is contained in the printed materials and
28 informational video given to her and described in Section
29 20.
30 (2) The printed materials and informational video
31 in Section 20 describe the unborn child and list agencies
32 that offer alternatives to abortion.
33 (3) The father of the unborn child is liable to
34 assist in the support of this child, even in instances
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1 where he has offered to pay for the abortion. In the case
2 of rape or incest, this information may be omitted.
3 (4) She is free to withhold or withdraw her consent
4 to the abortion at any time before or during the abortion
5 without affecting her right to future care or treatment
6 and without the loss of any State or federally funded
7 benefits to which she might otherwise be entitled.
8 (c) The information in paragraphs (a) and (b) is
9 provided to the woman individually (or with a parent if an
10 unemancipated minor requests or with a guardian) and in a
11 private room to protect her privacy and maintain the
12 confidentiality of her decision, to ensure that the
13 information focuses on her individual circumstances and that
14 she has an adequate opportunity to ask questions.
15 (d) At least 24 hours before the abortion, the woman is
16 given a copy of the printed materials and if she chooses a
17 viewing of the informational video described in Section 20.
18 If the woman is unable to read the materials, they shall be
19 read to her. If the woman asks questions concerning any of
20 the information or materials, answers shall be provided to
21 her in her own language.
22 (e) The woman certifies in writing on a checklist form
23 provided by the Department prior to the abortion that the
24 information required to be provided under paragraphs (a),
25 (b), and (d) has been provided. All physicians who perform
26 abortions shall report the total number of certifications
27 received monthly to the Department. The Department shall make
28 the number of certifications received available to the public
29 on an annual basis.
30 (f) Prior to the performance of the abortion, the
31 physician who is to perform the abortion or a qualified
32 person receives a copy of the written certification
33 prescribed by paragraph (e) of this Section.
34 (g) The woman is not required to pay any amount for the
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1 abortion procedure until the 24-hour reflection period has
2 expired.
3 Section 20. Publication of materials.
4 The Department shall cause to be published printed
5 materials and an informational video in English and Spanish,
6 within 90 days after this Act becomes law. The Department
7 shall update on an annual basis, the following easily
8 comprehensible printed materials and informational video:
9 (1) Geographically indexed materials that inform
10 the woman of public and private agencies and services
11 available to assist a woman through pregnancy, upon
12 childbirth and while her child is dependent, including
13 but not limited to adoption agencies. The materials shall
14 include a comprehensive list of the agencies, a
15 description of the services they offer, and the telephone
16 numbers and addresses of the agencies, and shall inform
17 the woman about available medical assistance benefits for
18 prenatal care, childbirth, and neonatal care.
19 The Department shall ensure that the materials
20 described in this Section are comprehensive and do not
21 directly or indirectly promote, exclude, or discourage
22 the use of any agency or service described in this
23 Section. The materials shall also contain a toll-free 24
24 hour a day telephone number that may be called to obtain
25 orally such a list and description of agencies in the
26 locality of the caller and of the services they offer.
27 The materials shall state that any physician who
28 performs an abortion upon a woman without her informed
29 consent may be liable to her for damages in a civil
30 action and that the law permits adoptive parents to pay
31 costs of prenatal care, childbirth, and neonatal care.
32 The materials shall include the following statement:
33 "There are many public and private agencies willing
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1 and able to help you to carry your child to term, and to
2 assist you and your child after your child is born,
3 whether you choose to keep your child or to place her or
4 him for adoption. The State of Illinois strongly urges
5 you to contact one or more of these agencies before
6 making a final decision about abortion. The law requires
7 that your physician or his agent give you the opportunity
8 to call agencies like these before you undergo an
9 abortion."
10 (2) Materials that include information on the
11 support obligations of the father of a child who is born
12 alive, including but not limited to the father's legal
13 duty to support his child, which may include child
14 support payments and health insurance, and the fact that
15 paternity may be established by the father's signature on
16 a birth certificate or statement of paternity, or by
17 court action. And that more information concerning
18 paternity establishment and child support services and
19 enforcement may be obtained by calling State or county
20 public assistance agencies.
21 (3) Materials that inform the pregnant woman of the
22 probable anatomical and physiological characteristics of
23 the unborn child at 2-week gestational increments from
24 fertilization to full term, including pictures
25 representing the development of an unborn child at 2-week
26 gestational increments. The descriptions shall include
27 information about brain and heart function, the presence
28 of external members and internal organs during the
29 applicable stages of development and any relevant
30 information on the possibility of the unborn child's
31 survival. Any such pictures must contain the dimensions
32 of the unborn child and must be realistic. The materials
33 shall be objective, nonjudgmental, and designed to convey
34 only accurate scientific information about the unborn
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1 child at the various gestational ages.
2 (4) Materials that contain objective information
3 describing the methods of abortion procedures commonly
4 employed, the medical risks commonly associated with each
5 procedure when medically accurate including, but not
6 limited to, the risks of infection, hemorrhage, danger to
7 subsequent pregnancies, breast cancer, the possible
8 adverse psychological effects associated with an
9 abortion, and the medical risks associated with carrying
10 a child to term.
11 (5) A checklist certification form to be used by
12 the physician or a qualified person under paragraph (e)
13 of Section 15 of this Act, which shall all the items of
14 information that are to be given to the woman by a
15 physician or the agent under this Act.
16 (6) The materials shall be printed in a typeface
17 large enough to be clearly legible.
18 (7) The Department shall produce a standardized
19 videotape that may be used statewide, containing all of
20 the information described in paragraphs (1), (2), (3),
21 and (4), in accordance with the requirements of those
22 paragraphs. In preparing the video, the Department may
23 summarize and make reference to the printed comprehensive
24 list of geographically indexed names and services
25 described in paragraph (1). The videotape shall, in
26 addition to the information described in paragraphs (1),
27 (2), (3), and (4), show an ultrasound of the heartbeat of
28 an unborn child at 4 to 5 weeks gestational age, at 6 to
29 8 weeks gestational age, and each month thereafter, until
30 viability. That information shall be presented in an
31 objective, unbiased manner designed to convey only
32 accurate scientific information.
33 (8) The materials required under this Section and
34 the videotape described in paragraph (7) shall be
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1 available at no cost from the Department upon request and
2 in appropriate number to any person, facility, or
3 hospital.
4 Section 25. Emergencies. Where a medical emergency
5 compels the performance of an abortion, the physician shall
6 inform the woman, before the abortion if possible, of the
7 medical indications supporting his or her judgment that an
8 abortion is necessary to avert her death or to avert
9 substantial and irreversible impairment of a major bodily
10 function.
11 Section 27. Follow-up care. Whenever abortion services
12 are offered in a facility other than a licensed hospital, at
13 least one of the physician's associated with that facility
14 must have full admitting privileges at a licensed hospital
15 within approximately 15 minutes travel time from that
16 facility and that physician has the responsibility for all
17 facility patients who receive abortion services who require
18 follow-up care.
19 Section 30. Coercion. A physician may not perform an
20 abortion on a woman whom he or she knows or should have known
21 signed the consent form under coercion.
22 Section 35. Criminal penalties. Any person who
23 intentionally, knowingly, or recklessly violates this Act is
24 guilty of a Class A misdemeanor.
25 Section 40. Civil penalties. In addition to whatever
26 remedies are available under the common or statutory law of
27 this State, failure to comply with the requirements of this
28 Act shall:
29 (a) Provide a basis for a civil malpractice action. Any
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1 intentional violation of this Act shall be admissible in a
2 civil suit as prima facie evidence of a failure to obtain an
3 informed consent. When requested, the court shall allow a
4 woman to proceed using solely her initials or a pseudonym and
5 may close any proceedings in the case and enter other
6 protective orders to preserve the privacy of the woman upon
7 whom the abortion was performed.
8 (b) Provide a basis for professional disciplinary action
9 under the Medical Practice Act of 1987.
10 (c) Provide a basis for recovery for the woman for the
11 death of her unborn child under the Wrongful Death Act.
12 Section 45. Reporting.
13 (a) For the purpose of promotion of maternal health and
14 life by adding to the sum of medical and public health
15 knowledge through the compilation of relevant data, and to
16 promote the State's interest in protection of the unborn
17 child, a report of each abortion performed shall be made to
18 the Department on forms prescribed by it. The reports shall
19 be completed by the hospital or other licensed facility in
20 which the abortion occurred, signed by the physician who
21 performed the abortion, and transmitted to the Department
22 within 15 days after each reporting month. The report forms
23 shall not identify the individual patient by name and shall
24 include the following information:
25 (1) Identification of the physician who performed
26 the abortion and the facility where the abortion was
27 performed and identification of the referring physician,
28 agency or service, if any.
29 (2) The county and state in which the woman
30 resides.
31 (3) The woman's age.
32 (4) The number of prior pregnancies and prior
33 abortions of the woman.
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1 (5) The probable gestational age of the unborn
2 child.
3 (6) The type of procedure performed or prescribed
4 and the date of the abortion.
5 (7) Pre-existing medical condition of the woman
6 which would complicate pregnancy, if any, and, if known,
7 medical complications which resulted from the abortion.
8 (8) The length and weight of the aborted child for
9 any abortion performed pursuant to a medical emergency as
10 defined in Section 25 of this Act.
11 (9) Basis for any medical judgment that a medical
12 emergency existed that excused the physician from
13 compliance with any provision of this Act.
14 (b) When there is an abortion performed during the first
15 trimester of pregnancy, the tissue that is removed shall be
16 subjected to a gross or microscopic examination, as needed,
17 by the physician or a qualified person designated by the
18 physician to determine if a pregnancy existed and was
19 terminated.
20 If the examination indicates no fetal remains, that
21 information shall immediately be made known to the physician
22 and sent to the Department within 15 days of the analysis.
23 When there is an abortion performed after the first trimester
24 of pregnancy where the physician has certified the unborn
25 child is not viable, the dead unborn child and all tissue
26 removed at the time of the abortion shall be submitted for
27 tissue analysis to a board-eligible or certified pathologist.
28 If the report reveals evidence of viability or live birth,
29 the pathologist shall report the findings to the Department
30 within 15 days, and a copy of the report shall also be sent
31 to the physician performing the abortion. The Department
32 shall prescribe a form on which pathologists may report any
33 evidence of live birth, viability, or absence of pregnancy.
34 (c) Every facility in which an abortion is performed
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1 within this State during any quarter year shall file with the
2 Department a report showing the total number of abortions
3 performed within the hospital or other facility during that
4 quarter year. This report shall also show the total abortions
5 performed in each trimester of pregnancy. These reports shall
6 be submitted on a form prescribed by the Department that
7 enables a facility to indicate whether or not it is receiving
8 State-appropriated funds. Any report shall be available for
9 public inspection and copying only if the facility receives
10 State-appropriated funds within the 12-calendar-month period
11 immediately preceding the filing of the report. If the
12 facility indicates on the form that it is not receiving
13 State-appropriated funds, the Department shall regard its
14 report as confidential unless it receives other evidence that
15 causes it to conclude that the facility receives
16 State-appropriated funds.
17 (d) After 90 days public notice following this Act
18 becoming law, the Department shall require that all reports
19 of maternal deaths occurring within the State arising from
20 pregnancy, childbirth, or intentional abortion state the
21 cause of death, the duration of the woman's pregnancy, when
22 her death occurred and whether or not the woman was under the
23 care of a physician during her pregnancy prior to her death.
24 The Department shall promulgate any necessary rules to assure
25 that information is reported, and conduct its own
26 investigation, if necessary, to ascertain this data.
27 Known incidents of maternal mortality of nonresident
28 women arising from induced abortion performed in this State
29 shall be included in the report as incidents of maternal
30 mortality arising from induced abortions.
31 Incidents of maternal mortality arising from continued
32 pregnancy or childbirth and occurring after induced abortion
33 has been attempted but not completed, including deaths
34 occurring after induced abortion has been attempted but not
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1 completed as a result of ectopic pregnancy, shall be included
2 as incidents of maternal mortality arising from induced
3 abortion.
4 (e) Every physician who is called upon to provide
5 medical care or treatment to a woman who is in need of
6 medical care because of a complication or complications
7 resulting, in the good faith judgment of the physician, from
8 having undergone an abortion or attempted abortion, shall
9 prepare a report. The report must be filed with the
10 Department within 30 days of the date of the physician's
11 first examination of the woman. The report shall be on forms
12 prescribed by the Department. The forms shall contain the
13 following information, as received, and such other
14 information except the name of the patient, as the Department
15 may from time to time require:
16 (1) Age of patient.
17 (2) Number of pregnancies patient may have had
18 prior to the abortion.
19 (3) Number and type of abortions patient may have
20 had prior to this abortion.
21 (4) Name and address of the facility where the
22 abortion was performed.
23 (5) Gestational age of the unborn child at the time
24 of the abortion, if known.
25 (6) Type of abortion performed, if known.
26 (7) Nature of complication or complications.
27 (8) Medical treatment given.
28 (9) The nature and extent, if known, of any
29 permanent condition caused by the complication.
30 (f) The Department shall prepare a comprehensive annual
31 statistical report for the General Assembly based upon the
32 data gathered under subsections (a) and (e). The report shall
33 not lead to the disclosure of the identity of any person
34 filing a report or about whom a report is filed, and shall be
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1 available for public inspection and copying.
2 The Department shall annually compile a statistical
3 report for the General Assembly based upon the data gathered
4 under this subsection, and all such statistical reports shall
5 be available for public inspection and copying.
6 Reports filed pursuant to subsection (a) or (e) shall not
7 be deemed public records and shall remain confidential,
8 except that disclosure may be made to law enforcement
9 officials upon an order of a court after application showing
10 good cause. The court may condition disclosure of the
11 information upon any appropriate safeguards it may impose.
12 Original copies of all reports filed under subsections
13 (a), (c) and (e) shall be available to the Illinois State
14 Medical Disciplinary Board for use in the performance of its
15 official duties.
16 (g) The following penalties shall apply:
17 (1) Any person required under this Section to file
18 a report, keep any records, or supply any information,
19 who willfully fails to file a report, keep records, or
20 supply information at the time or times required by law
21 or regulation, is guilty of "unprofessional conduct," and
22 his or her license for the practice of medicine and
23 surgery shall be subject to suspension or revocation in
24 accordance with procedures provided under the Medical
25 Practice Act of 1987.
26 (2) Any person who willfully delivers or discloses
27 to the Department any report, record or information know
28 by him or her to be false is guilty of a Class B
29 misdemeanor.
30 (3) Any person who willfully discloses any
31 information obtained from reports filed pursuant to
32 subsection (a) or (e), other than that disclosure
33 authorized under subsection (f), or as otherwise
34 authorized by law, is guilty of a Class B misdemeanor.
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1 (4) Intentional, knowing, reckless, or negligent
2 failure of the physician to submit an unborn child or
3 tissue remains to a pathologist for a purpose, or
4 intentional, knowing, or reckless failure of the
5 pathologist to report any evidence of live birth or
6 viability to the Department in the manner and within the
7 time prescribed in subsection (b) is a Class A
8 misdemeanor.
9 (5) In addition to the above penalties, any person,
10 organization, or facility who willfully violates any of
11 the provisions of this Section requiring reporting shall
12 upon conviction:
13 (i) For the first time, have its license
14 suspended for a period of 6 months.
15 (ii) For a second time, have its license
16 suspended for a period of one year.
17 (iii) For the third time, have its license
18 revoked.
19 (h) The Department shall create and print the forms
20 required by this Act within 90 days after the effective date
21 of this Act.
22 No provision of this Act requiring the reporting of
23 information on forms published by the Department, or
24 requiring the distribution of printed materials published by
25 the Department pursuant to this Act, shall be applicable
26 until 10 days after the requisite forms are first created and
27 printed materials are first published by the Department or
28 until the effective date of this Act, whichever is later.
29 Section 50. Construction.
30 (a) Nothing in this Act shall be construed as creating
31 or recognizing a right to an abortion.
32 (b) It is not the intention of this law to make lawful
33 an abortion that is currently unlawful.
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1 Section 55. Severability. The provisions of the Act are
2 declared to be severable, and if any provision, word, phrase,
3 or clause of the Act or the application thereof to any person
4 shall be held invalid, such invalidity shall not affect the
5 validity of the remaining portions of this Act.
6 Section 105. The University of Illinois Hospital Act is
7 amended by adding Section 3-5 as follows:
8 (110 ILCS 330/3-5 new)
9 Sec. 3-5. Violations of the Woman's Right to Know Act.
10 The University shall suspend or revoke the license of any
11 hospital, institute, clinic, outpatient department or office
12 owned or leased by the University that violates the Woman's
13 Right to Know Act as provided in that Act.
14 Section 110. The Ambulatory Surgical Treatment Center
15 Act is amended by adding Section 10f-5 as follows:
16 (210 ILCS 5/10f-5 new)
17 Sec. 10f-5. Violations of the Woman's Right to Know Act.
18 The Department shall suspend or revoke the license of any
19 ambulatory surgical treatment center that violates the
20 Women's Right to Know Act as provided in that Act.
21 Section 115. The Hospital Licensing Act is amended by
22 adding Section 7-5 as follows:
23 (210 ILCS 85/7-5 new)
24 Sec. 7-5. Violations of the Woman's Right to Know Act.
25 The Department shall suspend or revoke the license of any
26 hospital that violates the Women's Right to Know Act as
27 provided in that Act.
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1 Section 120. The Medical Practice Act of 1987 is amended
2 by changing Section 22 and adding Section 22-5 as follows:
3 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
4 Sec. 22. Disciplinary action.
5 (A) The Department may revoke, suspend, place on
6 probationary status, or take any other disciplinary action as
7 the Department may deem proper with regard to the license or
8 visiting professor permit of any person issued under this Act
9 to practice medicine, or to treat human ailments without the
10 use of drugs and without operative surgery upon any of the
11 following grounds:
12 (1) Performance of an elective abortion in any
13 place, locale, facility, or institution other than:
14 (a) a facility licensed pursuant to the
15 Ambulatory Surgical Treatment Center Act;
16 (b) an institution licensed under the Hospital
17 Licensing Act; or
18 (c) an ambulatory surgical treatment center or
19 hospitalization or care facility maintained by the
20 State or any agency thereof, where such department
21 or agency has authority under law to establish and
22 enforce standards for the ambulatory surgical
23 treatment centers, hospitalization, or care
24 facilities under its management and control; or
25 (d) ambulatory surgical treatment centers,
26 hospitalization or care facilities maintained by the
27 Federal Government; or
28 (e) ambulatory surgical treatment centers,
29 hospitalization or care facilities maintained by any
30 university or college established under the laws of
31 this State and supported principally by public funds
32 raised by taxation.
33 (2) Performance of an abortion procedure in a
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1 wilful and wanton manner on a woman who was not pregnant
2 at the time the abortion procedure was performed.
3 (3) The conviction of a felony in this or any other
4 jurisdiction, except as otherwise provided in subsection
5 B of this Section, whether or not related to practice
6 under this Act, or the entry of a guilty or nolo
7 contendere plea to a felony charge.
8 (4) Gross negligence in practice under this Act.
9 (5) Engaging in dishonorable, unethical or
10 unprofessional conduct of a character likely to deceive,
11 defraud or harm the public.
12 (6) Obtaining any fee by fraud, deceit, or
13 misrepresentation.
14 (7) Habitual or excessive use or abuse of drugs
15 defined in law as controlled substances, of alcohol, or
16 of any other substances which results in the inability to
17 practice with reasonable judgment, skill or safety.
18 (8) Practicing under a false or, except as provided
19 by law, an assumed name.
20 (9) Fraud or misrepresentation in applying for, or
21 procuring, a license under this Act or in connection with
22 applying for renewal of a license under this Act.
23 (10) Making a false or misleading statement
24 regarding their skill or the efficacy or value of the
25 medicine, treatment, or remedy prescribed by them at
26 their direction in the treatment of any disease or other
27 condition of the body or mind.
28 (11) Allowing another person or organization to use
29 their license, procured under this Act, to practice.
30 (12) Disciplinary action of another state or
31 jurisdiction against a license or other authorization to
32 practice as a medical doctor, doctor of osteopathy,
33 doctor of osteopathic medicine or doctor of chiropractic,
34 a certified copy of the record of the action taken by the
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1 other state or jurisdiction being prima facie evidence
2 thereof.
3 (13) Violation of any provision of this Act or of
4 the Medical Practice Act prior to the repeal of that Act,
5 or violation of the rules, or a final administrative
6 action of the Director, after consideration of the
7 recommendation of the Disciplinary Board.
8 (14) Dividing with anyone other than physicians
9 with whom the licensee practices in a partnership,
10 Professional Association, limited liability company, or
11 Medical or Professional Corporation any fee, commission,
12 rebate or other form of compensation for any professional
13 services not actually and personally rendered. Nothing
14 contained in this subsection prohibits persons holding
15 valid and current licenses under this Act from practicing
16 medicine in partnership under a partnership agreement,
17 including a limited liability partnership, in a limited
18 liability company under the Limited Liability Company
19 Act, in a corporation authorized by the Medical
20 Corporation Act, as an association authorized by the
21 Professional Association Act, or in a corporation under
22 the Professional Corporation Act or from pooling,
23 sharing, dividing or apportioning the fees and monies
24 received by them or by the partnership, corporation or
25 association in accordance with the partnership agreement
26 or the policies of the Board of Directors of the
27 corporation or association. Nothing contained in this
28 subsection prohibits 2 or more corporations authorized by
29 the Medical Corporation Act, from forming a partnership
30 or joint venture of such corporations, and providing
31 medical, surgical and scientific research and knowledge
32 by employees of these corporations if such employees are
33 licensed under this Act, or from pooling, sharing,
34 dividing, or apportioning the fees and monies received by
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1 the partnership or joint venture in accordance with the
2 partnership or joint venture agreement. Nothing
3 contained in this subsection shall abrogate the right of
4 2 or more persons, holding valid and current licenses
5 under this Act, to each receive adequate compensation for
6 concurrently rendering professional services to a patient
7 and divide a fee; provided, the patient has full
8 knowledge of the division, and, provided, that the
9 division is made in proportion to the services performed
10 and responsibility assumed by each.
11 (15) A finding by the Medical Disciplinary Board
12 that the registrant after having his or her license
13 placed on probationary status or subjected to conditions
14 or restrictions violated the terms of the probation or
15 failed to comply with such terms or conditions.
16 (16) Abandonment of a patient.
17 (17) Prescribing, selling, administering,
18 distributing, giving or self-administering any drug
19 classified as a controlled substance (designated product)
20 or narcotic for other than medically accepted therapeutic
21 purposes.
22 (18) Promotion of the sale of drugs, devices,
23 appliances or goods provided for a patient in such manner
24 as to exploit the patient for financial gain of the
25 physician.
26 (19) Offering, undertaking or agreeing to cure or
27 treat disease by a secret method, procedure, treatment or
28 medicine, or the treating, operating or prescribing for
29 any human condition by a method, means or procedure which
30 the licensee refuses to divulge upon demand of the
31 Department.
32 (20) Immoral conduct in the commission of any act
33 including, but not limited to, commission of an act of
34 sexual misconduct related to the licensee's practice.
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1 (21) Wilfully making or filing false records or
2 reports in his or her practice as a physician, including,
3 but not limited to, false records to support claims
4 against the medical assistance program of the Department
5 of Public Aid under the Illinois Public Aid Code.
6 (22) Wilful omission to file or record, or wilfully
7 impeding the filing or recording, or inducing another
8 person to omit to file or record, medical reports as
9 required by law, or wilfully failing to report an
10 instance of suspected abuse or neglect as required by
11 law.
12 (23) Being named as a perpetrator in an indicated
13 report by the Department of Children and Family Services
14 under the Abused and Neglected Child Reporting Act, and
15 upon proof by clear and convincing evidence that the
16 licensee has caused a child to be an abused child or
17 neglected child as defined in the Abused and Neglected
18 Child Reporting Act.
19 (24) Solicitation of professional patronage by any
20 corporation, agents or persons, or profiting from those
21 representing themselves to be agents of the licensee.
22 (25) Gross and wilful and continued overcharging
23 for professional services, including filing false
24 statements for collection of fees for which services are
25 not rendered, including, but not limited to, filing such
26 false statements for collection of monies for services
27 not rendered from the medical assistance program of the
28 Department of Public Aid under the Illinois Public Aid
29 Code.
30 (26) A pattern of practice or other behavior which
31 demonstrates incapacity or incompetence to practice under
32 this Act.
33 (27) Mental illness or disability which results in
34 the inability to practice under this Act with reasonable
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1 judgment, skill or safety.
2 (28) Physical illness, including, but not limited
3 to, deterioration through the aging process, or loss of
4 motor skill which results in a physician's inability to
5 practice under this Act with reasonable judgment, skill
6 or safety.
7 (29) Cheating on or attempt to subvert the
8 licensing examinations administered under this Act.
9 (30) Wilfully or negligently violating the
10 confidentiality between physician and patient except as
11 required by law.
12 (31) The use of any false, fraudulent, or deceptive
13 statement in any document connected with practice under
14 this Act.
15 (32) Aiding and abetting an individual not licensed
16 under this Act in the practice of a profession licensed
17 under this Act.
18 (33) Violating state or federal laws or regulations
19 relating to controlled substances.
20 (34) Failure to report to the Department any
21 adverse final action taken against them by another
22 licensing jurisdiction (any other state or any territory
23 of the United States or any foreign state or country), by
24 any peer review body, by any health care institution, by
25 any professional society or association related to
26 practice under this Act, by any governmental agency, by
27 any law enforcement agency, or by any court for acts or
28 conduct similar to acts or conduct which would constitute
29 grounds for action as defined in this Section.
30 (35) Failure to report to the Department surrender
31 of a license or authorization to practice as a medical
32 doctor, a doctor of osteopathy, a doctor of osteopathic
33 medicine, or doctor of chiropractic in another state or
34 jurisdiction, or surrender of membership on any medical
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1 staff or in any medical or professional association or
2 society, while under disciplinary investigation by any of
3 those authorities or bodies, for acts or conduct similar
4 to acts or conduct which would constitute grounds for
5 action as defined in this Section.
6 (36) Failure to report to the Department any
7 adverse judgment, settlement, or award arising from a
8 liability claim related to acts or conduct similar to
9 acts or conduct which would constitute grounds for action
10 as defined in this Section.
11 (37) Failure to transfer copies of medical records
12 as required by law.
13 (38) Failure to furnish the Department, its
14 investigators or representatives, relevant information,
15 legally requested by the Department after consultation
16 with the Chief Medical Coordinator or the Deputy Medical
17 Coordinator.
18 (39) Violating the Health Care Worker Self-Referral
19 Act.
20 (40) Willful failure to provide notice when notice
21 is required under the Parental Notice of Abortion Act of
22 1995.
23 (41) Failure to establish and maintain records of
24 patient care and treatment as required by this law.
25 (42) Violating the Woman's Right to Now Act.
26 All proceedings to suspend, revoke, place on probationary
27 status, or take any other disciplinary action as the
28 Department may deem proper, with regard to a license on any
29 of the foregoing grounds, must be commenced within 3 years
30 next after receipt by the Department of a complaint alleging
31 the commission of or notice of the conviction order for any
32 of the acts described herein. Except for the grounds
33 numbered (8), (9) and (29), no action shall be commenced more
34 than 5 years after the date of the incident or act alleged to
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1 have violated this Section. In the event of the settlement
2 of any claim or cause of action in favor of the claimant or
3 the reduction to final judgment of any civil action in favor
4 of the plaintiff, such claim, cause of action or civil action
5 being grounded on the allegation that a person licensed under
6 this Act was negligent in providing care, the Department
7 shall have an additional period of one year from the date of
8 notification to the Department under Section 23 of this Act
9 of such settlement or final judgment in which to investigate
10 and commence formal disciplinary proceedings under Section 36
11 of this Act, except as otherwise provided by law. The time
12 during which the holder of the license was outside the State
13 of Illinois shall not be included within any period of time
14 limiting the commencement of disciplinary action by the
15 Department.
16 The entry of an order or judgment by any circuit court
17 establishing that any person holding a license under this Act
18 is a person in need of mental treatment operates as a
19 suspension of that license. That person may resume their
20 practice only upon the entry of a Departmental order based
21 upon a finding by the Medical Disciplinary Board that they
22 have been determined to be recovered from mental illness by
23 the court and upon the Disciplinary Board's recommendation
24 that they be permitted to resume their practice.
25 The Department may refuse to issue or take disciplinary
26 action concerning the license of any person who fails to file
27 a return, or to pay the tax, penalty or interest shown in a
28 filed return, or to pay any final assessment of tax, penalty
29 or interest, as required by any tax Act administered by the
30 Illinois Department of Revenue, until such time as the
31 requirements of any such tax Act are satisfied as determined
32 by the Illinois Department of Revenue.
33 The Department, upon the recommendation of the
34 Disciplinary Board, shall adopt rules which set forth
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1 standards to be used in determining:
2 (a) when a person will be deemed sufficiently
3 rehabilitated to warrant the public trust;
4 (b) what constitutes dishonorable, unethical or
5 unprofessional conduct of a character likely to deceive,
6 defraud, or harm the public;
7 (c) what constitutes immoral conduct in the
8 commission of any act, including, but not limited to,
9 commission of an act of sexual misconduct related to the
10 licensee's practice; and
11 (d) what constitutes gross negligence in the
12 practice of medicine.
13 However, no such rule shall be admissible into evidence
14 in any civil action except for review of a licensing or other
15 disciplinary action under this Act.
16 In enforcing this Section, the Medical Disciplinary
17 Board, upon a showing of a possible violation, may compel any
18 individual licensed to practice under this Act, or who has
19 applied for licensure or a permit pursuant to this Act, to
20 submit to a mental or physical examination, or both, as
21 required by and at the expense of the Department. The
22 examining physician or physicians shall be those specifically
23 designated by the Disciplinary Board. The Medical
24 Disciplinary Board or the Department may order the examining
25 physician to present testimony concerning this mental or
26 physical examination of the licensee or applicant. No
27 information shall be excluded by reason of any common law or
28 statutory privilege relating to communication between the
29 licensee or applicant and the examining physician. The
30 individual to be examined may have, at his or her own
31 expense, another physician of his or her choice present
32 during all aspects of the examination. Failure of any
33 individual to submit to mental or physical examination, when
34 directed, shall be grounds for suspension of his or her
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1 license until such time as the individual submits to the
2 examination if the Disciplinary Board finds, after notice and
3 hearing, that the refusal to submit to the examination was
4 without reasonable cause. If the Disciplinary Board finds a
5 physician unable to practice because of the reasons set forth
6 in this Section, the Disciplinary Board shall require such
7 physician to submit to care, counseling, or treatment by
8 physicians approved or designated by the Disciplinary Board,
9 as a condition for continued, reinstated, or renewed
10 licensure to practice. Any physician, whose license was
11 granted pursuant to Sections 9, 17, or 19 of this Act, or,
12 continued, reinstated, renewed, disciplined or supervised,
13 subject to such terms, conditions or restrictions who shall
14 fail to comply with such terms, conditions or restrictions,
15 or to complete a required program of care, counseling, or
16 treatment, as determined by the Chief Medical Coordinator or
17 Deputy Medical Coordinators, shall be referred to the
18 Director for a determination as to whether the licensee shall
19 have their license suspended immediately, pending a hearing
20 by the Disciplinary Board. In instances in which the
21 Director immediately suspends a license under this Section, a
22 hearing upon such person's license must be convened by the
23 Disciplinary Board within 15 days after such suspension and
24 completed without appreciable delay. The Disciplinary Board
25 shall have the authority to review the subject physician's
26 record of treatment and counseling regarding the impairment,
27 to the extent permitted by applicable federal statutes and
28 regulations safeguarding the confidentiality of medical
29 records.
30 An individual licensed under this Act, affected under
31 this Section, shall be afforded an opportunity to demonstrate
32 to the Disciplinary Board that they can resume practice in
33 compliance with acceptable and prevailing standards under the
34 provisions of their license.
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1 The Department may promulgate rules for the imposition of
2 fines in disciplinary cases, not to exceed $5,000 for each
3 violation of this Act. Fines may be imposed in conjunction
4 with other forms of disciplinary action, but shall not be the
5 exclusive disposition of any disciplinary action arising out
6 of conduct resulting in death or injury to a patient. Any
7 funds collected from such fines shall be deposited in the
8 Medical Disciplinary Fund.
9 (B) The Department shall revoke the license or visiting
10 permit of any person issued under this Act to practice
11 medicine or to treat human ailments without the use of drugs
12 and without operative surgery, who has been convicted a
13 second time of committing any felony under the Illinois
14 Controlled Substances Act, or who has been convicted a second
15 time of committing a Class 1 felony under Sections 8A-3 and
16 8A-6 of the Illinois Public Aid Code. A person whose license
17 or visiting permit is revoked under this subsection B of
18 Section 22 of this Act shall be prohibited from practicing
19 medicine or treating human ailments without the use of drugs
20 and without operative surgery.
21 (C) The Medical Disciplinary Board shall recommend to
22 the Department civil penalties and any other appropriate
23 discipline in disciplinary cases when the Board finds that a
24 physician willfully performed an abortion with actual
25 knowledge that the person upon whom the abortion has been
26 performed is a minor or an incompetent person without notice
27 as required under the Parental Notice of Abortion Act of
28 1995. Upon the Board's recommendation, the Department shall
29 impose, for the first violation, a civil penalty of $1,000
30 and for a second or subsequent violation, a civil penalty of
31 $5,000.
32 (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96;
33 89-626, eff. 8-9-96; 89-702, eff. 7-1-97.)
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1 (225 ILCS 60/22-5 new)
2 Sec. 22-5. Violations of the Woman's Right to Know Act.
3 The Department shall suspend or revoke the license of any
4 physician who violates the Woman's Right to Know Act as
5 provided in Section 45, subsection (g), paragraph (5) of that
6 Act.
7 Section 199. Effective date. This Act takes effect 90
8 days after becoming law.