HB4445 102ND GENERAL ASSEMBLY

LRB102 22307 LNS 31442 b

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.

A BILL FOR

AN ACT concerning abortion.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Informed Consent of Minors for Abortion Act.

Section 5. Definitions. As used in this Act:

"Licensed clinical professional counselor" has the meaning provided in Section 10 of the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act.

"Licensed professional counselor" has the meaning provided in Section 10 of the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act.

"Qualified examiner" has the meaning provided in Section 1-122 of the Mental Health and Developmental Disabilities Code.

Section 10. Informed consent of minors for abortion.

(a) Except in the case of a medical emergency, 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, including any physical, psychological, or situational factors for the proposed procedure, and the use of medications, including, but not limited to, mifepristone, in light of the patient's medical history and medical condition. For an abortion performed or an abortion induced by a drug or drugs, the conference shall take place at least 72 hours prior to the writing or communication of the first prescription for the drug or drugs in connection with inducing an abortion. Only one conference shall be required for each abortion. The licensed professional counselor, licensed clinical professional counselor, or qualified examiner shall not be employed on a permanent, temporary, or contractual basis by the facility that will perform the abortion or prescribe the medications that are to be used in connection with inducing an abortion.

(b) The patient shall be evaluated during the conference for indicators, contraindications, and risk factors, including any physical, psychological, or situational factors which would predispose the patient to or increase the risk of experiencing one or more adverse physical, emotional, or other health reactions to the proposed procedure or drug or drugs in either the short-term or long-term as compared with other patients who do not possess such risk factors.

(c) At the end of the conference, and if the patient chooses to proceed with the abortion, 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 after the licensed professional counselor, licensed clinical professional counselor, or qualified examiner had discussed with the patient the indicators, contraindications, and risk factors, including any physical, psychological, or situational factors. All executed statements shall be maintained as part of the patient's medical file, subject to the confidentiality laws and rules of this State.