Illinois General Assembly - Full Text of HB0791
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Full Text of HB0791  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/10/2021, by Rep. Patrick Windhorst and Adam Niemerg


775 ILCS 55/1-10
775 ILCS 55/1-25

    Amends the Reproductive Health Act. Provides that except in the case of a medical emergency, a health care professional shall not knowingly perform, induce, or attempt to perform an abortion upon a pregnant woman when the probable gestational age of her unborn child has been determined to be at least 20 weeks. Makes conforming changes.

LRB102 04197 LNS 14214 b





HB0791LRB102 04197 LNS 14214 b

1    AN ACT concerning human rights.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Reproductive Health Act is amended by
5changing Sections 1-10 and 1-25 and by adding Section 1-24 as
7    (775 ILCS 55/1-10)
8    Sec. 1-10. Definitions. As used in this Act:
9    "Abortion" means the use of any instrument, medicine,
10drug, or any other substance or device to terminate the
11pregnancy of an individual known to be pregnant with an
12intention other than to increase the probability of a live
13birth, to preserve the life or health of the child after live
14birth, or to remove a dead fetus.
15    "Advanced practice registered nurse" has the same meaning
16as it does in Section 50-10 of the Nurse Practice Act.
17    "Department" means the Illinois Department of Public
19    "Fetal viability" means that, in the professional judgment
20of the attending health care professional, based on the
21particular facts of the case, there is a significant
22likelihood of a fetus' sustained survival outside the uterus
23without the application of extraordinary medical measures.



HB0791- 2 -LRB102 04197 LNS 14214 b

1    "Health care professional" means a person who is licensed
2as a physician, advanced practice registered nurse, or
3physician assistant.
4    "Health of the patient" means all factors that are
5relevant to the patient's health and well-being, including,
6but not limited to, physical, emotional, psychological, and
7familial health and age.
8    "Major bodily function" includes, but is not limited to,
9functions of the immune system, normal cell growth, and
10digestive bowel, bladder, neurological, brain, respiratory,
11circulatory, endocrine, and reproductive functions.
12    "Maternity care" means the health care provided in
13relation to pregnancy, labor and childbirth, and the
14postpartum period, and includes prenatal care, care during
15labor and birthing, and postpartum care extending through
16one-year postpartum. Maternity care shall, seek to optimize
17positive outcomes for the patient, and be provided on the
18basis of the physical and psychosocial needs of the patient.
19Notwithstanding any of the above, all care shall be subject to
20the informed and voluntary consent of the patient, or the
21patient's legal proxy, when the patient is unable to give
23    "Medical emergency" means a condition in which an abortion
24is necessary to preserve the life of the pregnant woman whose
25life is endangered by a physical disorder, physical illness,
26or physical injury, including a life-endangering physical



HB0791- 3 -LRB102 04197 LNS 14214 b

1condition caused by or arising from the pregnancy itself, or
2when continuation of the pregnancy will create a serious risk
3of substantial and irreversible impairment of a major bodily
4function of the pregnant woman.
5    "Physician" means any person licensed to practice medicine
6in all its branches under the Medical Practice Act of 1987.
7    "Physician assistant" has the same meaning as it does in
8Section 4 of the Physician Assistant Practice Act of 1987.
9    "Pregnancy" means the human reproductive process,
10beginning with the implantation of an embryo.
11    "Prevailing party" has the same meaning as in the Illinois
12Civil Rights Act of 2003.
13    "Reproductive health care" means health care offered,
14arranged, or furnished for the purpose of preventing
15pregnancy, terminating a pregnancy, managing pregnancy loss,
16or improving maternal health and birth outcomes. Reproductive
17health care includes, but is not limited to: contraception;
18sterilization; preconception care; maternity care; abortion
19care; and counseling regarding reproductive health care.
20    "State" includes any branch, department, agency,
21instrumentality, and official or other person acting under
22color of law of this State or a political subdivision of the
23State, including any unit of local government (including a
24home rule unit), school district, instrumentality, or public
26(Source: P.A. 101-13, eff. 6-12-19.)



HB0791- 4 -LRB102 04197 LNS 14214 b

1    (775 ILCS 55/1-25)
2    Sec. 1-25. Reporting of abortions performed by health care
4    (a) Except in the case of a medical emergency, a health
5care professional shall not knowingly perform, induce, or
6attempt to perform an abortion upon a pregnant woman when the
7probable gestational age of her unborn child has been
8determined to be at least 20 weeks. Otherwise, a A health care
9professional may provide abortion care in accordance with the
10health care professional's professional judgment and training
11and based on accepted standards of clinical practice
12consistent with the scope of his or her practice under the
13Medical Practice Act of 1987, the Nurse Practice Act, or the
14Physician Assistant Practice Act of 1987. If the health care
15professional determines that there is fetal viability, the
16health care professional may provide abortion care only if, in
17the professional judgment of the health care professional, the
18abortion is necessary to protect the life or health of the
20    (b) A report of each abortion performed by a health care
21professional shall be made to the Department on forms
22prescribed by it. Such reports shall be transmitted to the
23Department not later than 10 days following the end of the
24month in which the abortion is performed.
25    (c) The abortion reporting forms prescribed by the



HB0791- 5 -LRB102 04197 LNS 14214 b

1Department shall not request or require information that
2identifies a patient by name or any other identifying
3information, and the Department shall secure anonymity of all
4patients and health care professionals.
5    (d) All reports received by the Department pursuant to
6this Section shall be treated as confidential and exempt from
7the Freedom of Information Act. Access to such reports shall
8be limited to authorized Department staff who shall use the
9reports for statistical purposes only. Such reports must be
10destroyed within 2 years after date of receipt.
11(Source: P.A. 101-13, eff. 6-12-19.)