Full Text of HB2701 99th General Assembly
HB2701 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB2701 Introduced , by Rep. Barbara Wheeler SYNOPSIS AS INTRODUCED: |
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Creates the Ultrasound Opportunity Act. Sets forth legislative findings and definitions. Provides that at any facility where abortions are performed, the physician who is to perform the abortion, the referring physician, or another qualified person working in conjunction with either physician shall offer any woman seeking an abortion after 8 weeks of gestation an opportunity to receive and view an active ultrasound of her unborn child by someone qualified to perform ultrasounds at the facility, or at a facility listed in a listing of local ultrasound providers provided by the facility, prior to the woman having any part of an abortion performed or induced and prior to the administration of any anesthesia or medication in preparation for the abortion. Provides that the requirements of the Act shall not apply when, in the medical judgment of the physician performing or inducing the abortion, there exists a medical emergency. Contains a severability provision. Effective immediately.
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| | A BILL FOR |
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| | | HB2701 | | LRB099 09493 RPS 29701 b |
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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 8 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 |
| | | HB2701 | - 4 - | LRB099 09493 RPS 29701 b |
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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. Medical emergency. The requirements under this | 11 | | Act shall not apply when, in the medical judgment of the | 12 | | physician performing or inducing the abortion based on the | 13 | | particular facts of the case before him or her, there exists a | 14 | | medical emergency. | 15 | | Section 97. Severability. The provisions of this Act are | 16 | | severable under Section 1.31 of the Statute on Statutes.
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law. |
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