Illinois General Assembly - Full Text of HR0205
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Full Text of HR0205  99th General Assembly




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2    WHEREAS, On May 13, 2013, a jury in a Philadelphia Court of
3Common Pleas convicted abortion provider Kermit Gosnell of 3
4counts of first-degree murder in the deaths of infants born
5alive following attempted abortions and one count of
6involuntary manslaughter in the death of Karnamaya Mongar, a
7patient who sought an abortion at Kermit Gosnell's abortion
8clinic, the Women's Medical Society in West Philadelphia; and
9    WHEREAS, On May 13, 2013, a jury in a Philadelphia Court of
10Common Pleas also convicted Kermit Gosnell of 21 counts of
11performing illegal late-term abortions and 210 counts of
12violating Pennsylvania's Abortion Control Act which, among
13other requirements, mandates a 24-hour reflection period
14before an abortion may be performed; and
15    WHEREAS, The report of the Grand Jury in the Court of
16Common Pleas, First Judicial District of Pennsylvania,
17Criminal Trial Division, certified on January 14, 2011, begins,
18"This case is about a doctor who killed babies and endangered
19women. What we mean is that he regularly and illegally
20delivered live, viable babies in the third trimester of
21pregnancy-and then murdered these newborns by severing their
22spinal cords with scissors. The medical practice by which he
23carried out this business was a filthy fraud in which he



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1overdosed his patients with dangerous drugs, spread venereal
2disease among them with infected instruments, perforated their
3wombs and bowels-and, on at least two occasions, caused their
4deaths."; and
5    WHEREAS, The report of the Grand Jury detailed findings of
6dangerous and unsanitary conditions in the Women's Medical
7Society: "The clinic reeked of animal urine, courtesy of the
8cats that were allowed to roam (and defecate) freely. Furniture
9and blankets were stained with blood. Instruments were not
10properly sterilized. Disposable medical supplies were not
11disposed of; they were reused, over and over again. Medical
12equipment-such as the defibrillator, the EKG, the pulse
13oximeter, the blood pressure cuff-was generally broken; even
14when it worked, it wasn't used. The emergency exit was
15padlocked shut. And scattered throughout, in cabinets, in the
16basement, in a freezer, in jars and bags and plastic jugs, were
17fetal remains. It was a baby charnel house."; and
18    WHEREAS, The report of the Grand Jury described an
19"inexcusable" and "complete regulatory collapse" by the
20Pennsylvania Department of Health in inspecting,
21investigating, and appropriately sanctioning Kermit Gosnell
22and the Women's Medical Society; specifically, officials with
23the Pennsylvania Department of Health failed to perform routine
24inspections of the Women's Medical Society, refusing to inspect



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1the clinic for years and even decades at a time, and failed to
2investigate specific and credible complaints against Kermit
3Gosnell and the Women's Medical Society; and
4    WHEREAS, The report of the Grand Jury detailed repeated
5complaints to the Pennsylvania Department of Health involving
6Kermit Gosnell and the Women's Medical Society: "Several
7different attorneys, representing women injured by Gosnell,
8contacted the Department. A doctor from Children's Hospital of
9Philadelphia hand-delivered a complaint, advising the
10Department that numerous patients he had referred for abortions
11came back from Gosnell with the same venereal disease. The
12medical examiner of Delaware County informed the Department
13that Gosnell had performed an illegal abortion on a 14-year-old
14girl carrying a 30-week-old baby. And the Department received
15official notice that a woman named Karnamaya Mongar had died at
16Gosnell's hands. Yet not one of these alarm bells-not even Mrs.
17Mongar's death-prompted the Department to look at Gosnell or
18the Women's Medical Society"; and
19    WHEREAS, The problem of dangerous and substandard
20conditions and practices at abortion clinics is not confined to
21Pennsylvania but extends to other states around the nation
22including Illinois; and
23    WHEREAS, In January 2012, the Associated Press and the



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1Chicago Tribune reported that "(a)n increased scrutiny of
2Illinois abortion clinics in the wake of revelations about a
3'house of horrors' in Philadelphia revealed that some
4facilities had gone up to 15 years without inspections, and two
5now have closed after regulators found health and safety
6violations. The renewed oversight by state regulators led to
7the permanent closure of a clinic in Rockford (in January
82012), following the closing of a clinic in suburban Chicago
9(in October 2011), according to documents obtained by The
10Associated Press through a Freedom of Information Act request";
12    WHEREAS, In 2011, The Women's Aid Clinic in Lincolnwood was
13inspected by the Illinois Department of Public Health; the
14clinic failed inspection and was fined $36,000 for a multitude
15of violations by the State; the most egregious violation was
16for the clinic to fail in performing CPR on a patient who died
17following a procedure, the owner of the Women's Aid Clinic
18refused to pay the $36,000 fine to the State and instead
19forfeited its license; and
20    WHEREAS, The abortion clinic in Lincolnwood is not the only
21clinic to have a major violation upon a Department of Public
22Health inspection; and
23    WHEREAS, In 2012, the Northern Illinois Women's Center in



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1Rockford was inspected by the Illinois Department of Public
2Health which found numerous health and safety violations; these
3violation include, 3 of 3 operation rooms failed to ensure a
4sanitary environment, failure to prevent contamination of
5clean surgical equipment, gynecological cannulas were stained
6with a brown substance, shoes stored inside an open box of
7surgical gloves, autoclave equipment used to sterilize medical
8instruments failed biological testing on at least 2 occasions,
9and failure to meet legal requirement for a qualified
10registered nurse to be present in the operation room during
11procedures; and
12    WHEREAS, The violations at the Northern Illinois Women's
13Center in Rockford were so severe the clinic announced it was
14closing its doors and would not be re-opening, this clinic had
15been in operation for over 40 years; and
16    WHEREAS, On July 20, 2012, Tonya Reaves, a 24-year-old
17mother of a one-year old son, entered an abortion clinic at 18
18S. Michigan Avenue in Chicago; she was 16-weeks pregnant and,
19at 11 am that that morning, she underwent a dilation and
20evacuation ("D&E") abortion, an abortion procedure often
21performed in the second trimester which involves significantly
22more risk to the woman than earlier term abortions; while in
23recovery, Ms. Reaves suffered significant bleeding and, more
24than 5 hours after her abortion, she was finally rushed by



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1ambulance to Northwestern Memorial Hospital; at Northwestern,
2doctors performed an ultrasound and discovered an incomplete
3abortion; in response, they performed a second ("D&E")
4procedure; however, Ms. Reaves continued to suffer pain and
5other complications; a second ultrasound was then performed and
6doctors learned that Ms. Reaves had suffered a "perforation";
7she was taken into surgery where "an uncontrollable bleed" was
8discovered; an emergency hysterectomy was performed, but Ms.
9Reaves died at 11:20 pm; and
10    WHEREAS, An autopsy report released in early September 2012
11confirmed that Ms. Reaves suffered from an incomplete abortion
12and that pieces of placenta were still attached to the inside
13of her uterus even after the second D&E procedure was performed
14at Northwestern; had a 3/16 inch perforation in her uterus near
15impression marks that appeared to have been made by forceps,
16instruments typically used during a D&E abortion; suffered an
17"extensive" perforation of her broad uterine ligament with the
18possible severing of her left uterine artery; and had one to
19one-and-a-half liters of blood and blood clots inside her
20abdominal cavity indicating that Ms. Reaves had bled about 30
21percent of her total volume of blood into her abdomen following
22her abortion at the Michigan Avenue abortion clinic; therefore,
23be it



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2the Illinois House of Representatives extends its condolences
3to the families of the victims of Kermit Gosnell and to the
4family of Tonya Reaves; and be it further
5    RESOLVED, That the Illinois House of Representatives
6condemns the criminal actions of Kermit Gosnell, the dangerous
7and substandard conditions at the Women's Medical Society in
8West Philadelphia, and the inexcusable dereliction of duty by
9the Pennsylvania Department of Health and other state officials
10in failing to properly inspect, investigate, and sanction
11Kermit Gosnell and the Women's Medical Society and to
12appropriately inspect other abortion clinics in the State of
13Pennsylvania; and be it further
14    RESOLVED, That the Illinois House of Representatives urges
15the Illinois Department of Public Health to pursue a regime of
16regular inspections of Illinois "pregnancy termination
17specialty centers" (abortion clinics) to ensure compliance
18with Illinois law governing those centers or clinics,
19specifically 77 Ill. Adm. Code 205.710, to ensure that centers
20or clinics failing to meet legally required and medically
21appropriate standards for patient care are either closed or
22comply, within an agreed upon time, with an approved plan to
23correct deficiencies, and to properly respond to and
24investigate complaints and other credible allegations it



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1receives concerning conditions and conduct at these centers or
2clinics; and be it further
3    RESOLVED, That the Illinois House of Representatives urges
4the Illinois Department of Public Health to ensure that the
5provisions and intent of 1 U.S.C. 8 and Illinois' complementary
6statute, 5 ILCS 70/1.36, are properly enforced and respected
7and that "pregnancy termination specialty centers" (abortion
8clinics) are complying with these laws.