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1 | AN ACT concerning abortions.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||||||
5 | Adolescent Health Care Safety Act. | ||||||||||||||||||||||||||||||
6 | Section 5. Legislative findings and purpose. The General | ||||||||||||||||||||||||||||||
7 | Assembly finds that involvement of a responsible and caring | ||||||||||||||||||||||||||||||
8 | adult family member or clergy as defined in this Act is in the | ||||||||||||||||||||||||||||||
9 | best interest of an unemancipated minor who is making a health | ||||||||||||||||||||||||||||||
10 | care decision about her pregnancy. The General Assembly's | ||||||||||||||||||||||||||||||
11 | purpose in enacting this Act is to further the important State | ||||||||||||||||||||||||||||||
12 | interest in the health of its citizens, including the best | ||||||||||||||||||||||||||||||
13 | interest of an unemancipated minor. When circumstances | ||||||||||||||||||||||||||||||
14 | preclude the involvement of an adult family member or clergy, | ||||||||||||||||||||||||||||||
15 | it is the intent of this Act to create an alternative procedure | ||||||||||||||||||||||||||||||
16 | that ensures that the minor's decisions be informed and in her | ||||||||||||||||||||||||||||||
17 | best interest. | ||||||||||||||||||||||||||||||
18 | Section 10. Definitions. In this Act: | ||||||||||||||||||||||||||||||
19 | "Abortion" means the use of any instrument, medicine, or | ||||||||||||||||||||||||||||||
20 | drug, or any other substance or device, to terminate the | ||||||||||||||||||||||||||||||
21 | pregnancy of a woman known to be pregnant with an intention | ||||||||||||||||||||||||||||||
22 | other than to increase the probability of a live birth or to |
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1 | preserve the life or health of a child after live birth. | ||||||
2 | "Actual notice" means the giving of notice directly, in | ||||||
3 | person or by telephone, and not by facsimile, voice mail, or | ||||||
4 | answering machine message. | ||||||
5 | "Adult family member" means a person over 18 years of age | ||||||
6 | who is: | ||||||
7 | (1) the parent of the minor; | ||||||
8 | (2) a step-parent married to and residing with the | ||||||
9 | custodial parent of the minor; | ||||||
10 | (3) a legal guardian of the minor; or | ||||||
11 | (4) a grandparent, sibling, step-sibling, aunt, or | ||||||
12 | uncle of the minor. | ||||||
13 | "Clergy" means a practitioner of any religious | ||||||
14 | denomination ordained or otherwise accredited by the religious | ||||||
15 | body to which he or she belongs. | ||||||
16 | "Constructive notice" means notice sent by certified mail | ||||||
17 | to the last known address of the person entitled to notice, | ||||||
18 | with delivery deemed to have occurred 48 hours after the notice | ||||||
19 | is mailed. | ||||||
20 | "Counselor" means a person who is a psychiatrist as defined | ||||||
21 | in Section 1-121 of the Mental Health and Developmental | ||||||
22 | Disabilities Code, a clinical psychologist licensed under the | ||||||
23 | Clinical Psychologist Licensing Act, a clinical social worker | ||||||
24 | licensed under Clinical Social Work and Social Work Practice | ||||||
25 | Act, an advanced practice nurse, registered professional | ||||||
26 | nurse, or licensed practical nurse licensed under the Nursing |
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1 | and Advanced Practice Nursing Act, a physician assistant | ||||||
2 | licensed under the Physician Assistant Practice Act of 1987, a | ||||||
3 | professional counselor or clinical professional counselor | ||||||
4 | licensed under the Professional Counselor and Clinical | ||||||
5 | Professional Counselor Licensing Act, or an ordained member of | ||||||
6 | the clergy. | ||||||
7 | "Medical emergency" means a condition that, on the basis of | ||||||
8 | a physician's good faith clinical judgment, so complicates the | ||||||
9 | medical condition of a pregnant woman as to necessitate the | ||||||
10 | immediate abortion of her pregnancy to avert her death or for | ||||||
11 | which a delay will create serious risk to her health. | ||||||
12 | "Minor" means any person under 18 years of age who is not | ||||||
13 | or has not been married or who has not been emancipated under | ||||||
14 | the Emancipation of Minors Act. | ||||||
15 | "Neglect" means the failure of an adult family member to | ||||||
16 | supply a child with necessary food, clothing, shelter, or | ||||||
17 | medical care when reasonably able to do so or the failure to | ||||||
18 | protect a child from conditions or actions that imminently and | ||||||
19 | seriously endanger the child's physical or mental health when | ||||||
20 | reasonably able to do so. | ||||||
21 | "Physical abuse" means any physical injury intentionally | ||||||
22 | inflicted by an adult family member on a child. | ||||||
23 | "Physician" means a person licensed to practice medicine in | ||||||
24 | all its branches under the Medical Practice Act of 1987. | ||||||
25 | "Sexual abuse" means any sexual conduct or sexual | ||||||
26 | penetration as defined in Section 12-12 of the Criminal Code of |
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1 | 1961 that is prohibited by the criminal laws of the State of | ||||||
2 | Illinois and committed against a minor by an adult family | ||||||
3 | member as defined in this Act. | ||||||
4 | Section 15. Prohibitions. No person shall intentionally | ||||||
5 | perform an abortion upon a minor unless the person or his or | ||||||
6 | her agent has given at least 48 hours' actual notice to an | ||||||
7 | adult family member of the pregnant minor or a member of the | ||||||
8 | clergy of his or her intention to perform the abortion, unless | ||||||
9 | that person or his or her agent has received a written | ||||||
10 | statement by a referring physician certifying that the | ||||||
11 | referring physician or his or her agent has given at least 48 | ||||||
12 | hours' notice to an adult family member of the pregnant minor | ||||||
13 | or incompetent person. If actual notice is not possible after a | ||||||
14 | reasonable effort, the person or his or her agent must give 48 | ||||||
15 | hours' constructive notice.
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16 | Section 20. Exceptions. Notice is not required under this | ||||||
17 | Act if: | ||||||
18 | (1) at the time the abortion is performed, the minor is | ||||||
19 | accompanied by a person entitled to notice under this Act; | ||||||
20 | (2) notice under this Act is waived in writing by a | ||||||
21 | person who is entitled to that notice; | ||||||
22 | (3) the attending physician certifies in the patient's | ||||||
23 | medical record that a medical emergency exists and there is | ||||||
24 | insufficient time to provide the required notice; |
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1 | (4) the minor declares to the physician or to a | ||||||
2 | physician's agent in writing that she is a victim of sexual | ||||||
3 | abuse, neglect, or physical abuse by an adult family member | ||||||
4 | as defined in this Act, in which case (i) the attending | ||||||
5 | physician must certify in the patient's medical record that | ||||||
6 | he or she has received the declaration of abuse or neglect | ||||||
7 | and (ii) any notification of public authorities of abuse | ||||||
8 | that may be required under other laws of this State need | ||||||
9 | not be made by the person performing the abortion until | ||||||
10 | after the minor receives an abortion that otherwise | ||||||
11 | complies with the requirements of this Act; or | ||||||
12 | (5) notice under this Act is waived under Section 25. | ||||||
13 | Section 25. Information and counseling for minors. | ||||||
14 | (a) The provision of information and counseling by any | ||||||
15 | physician or counselor for any pregnant minor for decision | ||||||
16 | making regarding pregnancy shall be in accordance with this | ||||||
17 | Section. | ||||||
18 | (b) Any physician or counselor providing pregnancy | ||||||
19 | information and counseling under this Section shall, in a | ||||||
20 | manner that will be understood by the minor and that shall | ||||||
21 | ensure that the minor, given all surrounding circumstances, is | ||||||
22 | mentally and physically competent to give consent to the | ||||||
23 | abortion procedure or that is in her best interest: | ||||||
24 | (1) explain that the information being given to the | ||||||
25 | minor is being given objectively and is not intended to |
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1 | coerce, persuade, or induce the minor to choose either to | ||||||
2 | have an abortion or to carry the pregnancy to term; | ||||||
3 | (2) discuss the possibility of involving the minor's | ||||||
4 | parents, guardian, or other adult family members in the | ||||||
5 | minor's decision making concerning the pregnancy and | ||||||
6 | explore whether the minor believes that involvement would | ||||||
7 | be in the minor's best interest; | ||||||
8 | (3) clearly and fully explore with the minor the | ||||||
9 | alternative choices available for managing the pregnancy; | ||||||
10 | (4) explain that the minor may withdraw a decision to | ||||||
11 | have an abortion at any time before the abortion is | ||||||
12 | performed or may reconsider a decision not to have an | ||||||
13 | abortion at any time within the time period during which an | ||||||
14 | abortion may legally be performed; and | ||||||
15 | (5) provide adequate opportunity for the minor to ask | ||||||
16 | any questions concerning the pregnancy, abortion, child | ||||||
17 | care, and adoption, and provide the information the minor | ||||||
18 | seeks or, if the person cannot provide the information, | ||||||
19 | indicate where the minor can receive the information. | ||||||
20 | (c) After the person provides the information and | ||||||
21 | counseling to a minor as required by this Section, that person | ||||||
22 | shall have the minor sign and date a form stating that: | ||||||
23 | (1) the minor has received information on prenatal care | ||||||
24 | and alternatives to abortion and that there are agencies | ||||||
25 | that will provide assistance. | ||||||
26 | (2) the minor has discussed with the person providing |
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1 | the information and counseling the possibility of | ||||||
2 | involving the minor's parents, guardian, or other adult | ||||||
3 | family members in the minor's decision making about the | ||||||
4 | pregnancy; | ||||||
5 | (3) the minor has received an explanation that the | ||||||
6 | minor may withdraw an abortion decision or reconsider a | ||||||
7 | decision to carry a pregnancy to term; | ||||||
8 | (4) the alternatives available for managing the | ||||||
9 | pregnancy have been clearly and fully explored with the | ||||||
10 | minor; | ||||||
11 | (5) the minor has received an explanation about | ||||||
12 | agencies available to provide birth control information; | ||||||
13 | (6) the reasons for not involving the minor's parents, | ||||||
14 | guardian, or other adult family members are put in writing | ||||||
15 | on the form by the minor or the person providing the | ||||||
16 | information and counseling; and | ||||||
17 | (7) the minor has been given an adequate opportunity to | ||||||
18 | ask questions. | ||||||
19 | The person providing the information and counseling shall | ||||||
20 | also sign and date the form and include the person's address | ||||||
21 | and telephone number. The person shall keep a copy for that | ||||||
22 | person's files and shall give the form to the minor or, if the | ||||||
23 | minor requests and if the person providing the information is | ||||||
24 | not the attending physician, transmit the form to the minor's | ||||||
25 | attending physician. |
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1 | Section 30. Minor's consent to abortion. A person may
not | ||||||
2 | perform an abortion on a minor without the minor's
consent, | ||||||
3 | except in a medical emergency.
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4 | Section 35. Reports. The Department of Public Health
must | ||||||
5 | comply with the reporting requirements set forth in the
consent | ||||||
6 | decree in Herbst v. O'Malley, case no. 84-C-5602 in
the U.S. | ||||||
7 | District Court for the Northern District of
Illinois, Eastern | ||||||
8 | Division. | ||||||
9 | Section 40. Penalties.
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10 | (a) A physician who intentionally fails to comply with this | ||||||
11 | Act shall be referred to the Medical Disciplinary Board for any | ||||||
12 | appropriate action. | ||||||
13 | (b) A person, not authorized under this Act, who signs
any | ||||||
14 | waiver of notice under this Act for a minor or
incompetent | ||||||
15 | person seeking an abortion is guilty of a Class C
misdemeanor. | ||||||
16 | (c) A person who discloses confidential information in
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17 | violation of Section 25 is guilty of a Class C misdemeanor.
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18 | Section 45. Immunity. A physician who, in good faith,
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19 | provides notice in accordance with Section 15 or relies on an
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20 | exception under Section 20 is not subject to any type of
civil | ||||||
21 | or criminal liability or discipline for unprofessional
conduct | ||||||
22 | for failure to give notice required under this Act.
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1 | (720 ILCS 515/Act rep.)
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2 | Section 95. The Illinois Abortion Parental Consent Act
of | ||||||
3 | 1977, which was repealed by Public Act 89-18, is again
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4 | repealed.
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5 | (720 ILCS 520/Act rep.)
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6 | Section 96.
The Parental Notice of Abortion Act of 1983,
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7 | which was repealed by Public Act 89-18, is again repealed.
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8 | (750 ILCS 70/Act rep.)
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9 | Section 97. The Parental Notice of Abortion Act of 1995 is | ||||||
10 | repealed.
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