Full Text of HB2354 96th General Assembly
HB2354ham002 96TH GENERAL ASSEMBLY
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Rep. Barbara Flynn Currie
Filed: 3/31/2009
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| AMENDMENT TO HOUSE BILL 2354
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| AMENDMENT NO. ______. Amend House Bill 2354, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 1. Short title. This Act may be cited as the | 6 |
| Reproductive Health and Access Act. | 7 |
| Section 5. Findings and policy. The General Assembly finds | 8 |
| and declares that every healthcare professional possesses a | 9 |
| fundamental right of religious liberty and that every | 10 |
| individual possesses a fundamental right of privacy with | 11 |
| respect to reproductive decisions. | 12 |
| It is the public policy of this State to ensure that all | 13 |
| individuals have appropriate and necessary access to the full | 14 |
| range of reproductive education, healthcare and services, | 15 |
| including but not limited to prenatal care, adoption, | 16 |
| contraceptive care including timely access to emergency |
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| contraception, pregnancy termination, comprehensive sexual | 2 |
| health education, and screening and treatment for sexually | 3 |
| transmitted infections. | 4 |
| Section 10. Definitions. In this Act: | 5 |
| "Physician" means a person licensed to practice medicine in | 6 |
| all of its branches under the Medical Practice Act of 1987. | 7 |
| "Pregnancy termination" or "termination of pregnancy" | 8 |
| means any medical treatment intended to terminate a pregnancy. | 9 |
| Pregnancy termination shall not include medical treatment | 10 |
| conducted for the purpose of increasing the probability of the | 11 |
| birth of a sustainable life. | 12 |
| "Viability" means that stage of fetal development when, in | 13 |
| the
medical judgment of the attending physician based on the
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| particular medical facts of the case before the physician,
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| there is a reasonable likelihood of the sustained survival of
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| the fetus outside the womb with or without artificial support. | 17 |
| Section 15. Prohibition of interference and retaliation. | 18 |
| (a) Notwithstanding any other provision of this Act or any | 19 |
| other law to the contrary, the State or any municipality, | 20 |
| political subdivision, or other governmental unit or agency | 21 |
| shall not:
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| (1) deny or interfere with an individual's right to use | 23 |
| or refuse contraception; | 24 |
| (2) deny or interfere with a pregnant woman's right to |
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| bear a child; | 2 |
| (3) deny or interfere with a pregnant woman's right to | 3 |
| terminate a pregnancy:
(i) prior to the viability of the | 4 |
| fetus or
(ii) when the abortion is necessary to protect the | 5 |
| life or health of the pregnant woman; or
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| (4) require any woman to terminate pregnancy without | 7 |
| her consent. | 8 |
| (b) Any party aggrieved by conduct that violates | 9 |
| subsections (1) through (4) of this Section may bring a civil | 10 |
| lawsuit in a State circuit court or as a supplemental claim in | 11 |
| a federal district court, against the offending unit of | 12 |
| government. If a federal or State court finds that a violation | 13 |
| of any of subsections (1) through (4) of this Section has | 14 |
| occurred, the court may award to the plaintiff actual damages, | 15 |
| declaratory or injunctive relief, a temporary restraining | 16 |
| order, or other relief. Upon a motion, the court shall award | 17 |
| reasonable attorneys' fees and costs, including expert witness | 18 |
| and other other litigation expenses, to a plaintiff who is a | 19 |
| prevailing party, including where the plaintiff's pursuit of a | 20 |
| non-frivolous claim was a catalyst for a unilateral change in | 21 |
| position by the opposing party relative to the relief sought. | 22 |
| Section 20. Non-discrimination in funding. Notwithstanding | 23 |
| any other provision of this Act or any other law to the | 24 |
| contrary, the State shall ensure that individuals eligible for | 25 |
| State medicaid assistance, or other State medical assistance, |
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| receive financial assistance for reproductive healthcare at | 2 |
| least to the same extent as other comparable services. | 3 |
| Violation of this provision shall constitute a denial or | 4 |
| interference in contravention of Section 15 of this Act. | 5 |
| Section 25. Pregnancy terminations. | 6 |
| (a) Pregnancy terminations shall be performed in | 7 |
| accordance with accepted standards of medical practice, by the | 8 |
| method that, in the clinical judgment of the attending | 9 |
| physician, will best serve the interests of the pregnant | 10 |
| patient. A qualified medical professional is not liable for | 11 |
| civil damages or subject to criminal penalty relating to a | 12 |
| pregnancy termination performed in good faith and in accordance | 13 |
| with accepted standards of medical practice. | 14 |
| (b) Notwithstanding any other provision of this Act or any | 15 |
| other law to the contrary, a report of each pregnancy | 16 |
| termination performed shall be made to the Illinois Department | 17 |
| of Public Health on forms prescribed by the Department. Such | 18 |
| report forms shall not identify the patient by name and shall | 19 |
| preserve the anonymity of each woman who has obtained a | 20 |
| pregnancy termination. The Department of Public Health shall | 21 |
| promulgate and enforce regulations regarding the | 22 |
| administration of these reporting requirements that secure | 23 |
| protection of patient identity and ensure the anonymity of each | 24 |
| woman who has undergone a pregnancy termination. Failure of the | 25 |
| Department to preserve confidentiality and anonymity shall |
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| constitute interference in contravention of Section 15 of this | 2 |
| Act.
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| Section 30. Sexual health education. Notwithstanding any | 4 |
| other provision of this Act or any other law, all Illinois | 5 |
| public schools shall offer medically accurate, age | 6 |
| appropriate, comprehensive sexual health education as a part of | 7 |
| the Comprehensive Health Education Program established in | 8 |
| Section 3 of the Critical Health Problems and Comprehensive | 9 |
| Health Education Act. Course material and instruction shall be | 10 |
| free of bias regarding race, color, sex, sexual orientation, | 11 |
| gender identity, religion, disability, or national or ethnic | 12 |
| origin. The Illinois Department of Public Health shall | 13 |
| promulgate and enforce regulations consistent with this | 14 |
| provision. | 15 |
| Section 35. Religious and conscience refusals and patient | 16 |
| access. | 17 |
| (a) Pursuant to this Act, all health care professionals | 18 |
| licensed under the Medical Practice Act of 1987, Nurse Practice | 19 |
| Act, Physician Assistant Act of 1987, and Pharmacy Practice Act | 20 |
| who object to providing reproductive health care based on | 21 |
| religion or personal conscience may refuse to provide such | 22 |
| services. The objecting health care professional must provide | 23 |
| prior written or oral notice to patients. If an objecting | 24 |
| professional is an employee, he or she must provide notice to |
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| the employer of the intention to refuse. Timely and accurate | 2 |
| information and referral must also be given to the patient. The | 3 |
| information and referral may be given by a professional | 4 |
| employee of the employer other than the objecting medical | 5 |
| professional. The employer must accommodate an employee's | 6 |
| objection in accordance with the standards set forth in the | 7 |
| federal Civil Rights Act of 1964, Title VII, 42 U.S.C. | 8 |
| 2000e-2(a) and 42 U.S.C. 2000e(j). | 9 |
| (b) Violations of this Section shall be sanctioned under | 10 |
| State licensing statutes by the appropriate State agency.
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| Section 40. Construction. This Act and the rules now or | 12 |
| hereafter applicable thereto shall be liberally construed | 13 |
| consistent with the public policies announced in this Act. | 14 |
| Section 45. The Critical Health Problems and Comprehensive | 15 |
| Health
Education Act is amended by changing Section 3 as | 16 |
| follows:
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| (105 ILCS 110/3) (from Ch. 122, par. 863)
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| Sec. 3. Comprehensive Health Education Program. The | 19 |
| program established
under this Act shall include, but not be | 20 |
| limited to, the following major
educational areas as a basis | 21 |
| for curricula in all elementary and secondary
schools in this | 22 |
| State: human ecology and health, human growth and
development, | 23 |
| the emotional, psychological, physiological, hygienic and
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| social responsibilities of family life, including | 2 |
| comprehensive sexual health education that complies with | 3 |
| Section 30 of Reproductive Health and Access Act, sexual | 4 |
| abstinence until
marriage, prevention and control of disease, | 5 |
| including instruction in
grades 6 through 12 on the prevention, | 6 |
| transmission and spread of AIDS,
sexual assault awareness in | 7 |
| secondary schools, public and environmental health, consumer | 8 |
| health, safety education and
disaster survival, mental health | 9 |
| and illness, personal health habits,
alcohol, drug use, and | 10 |
| abuse including the medical and legal ramifications
of alcohol, | 11 |
| drug, and tobacco use, abuse during pregnancy, sexual
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| abstinence until marriage, tobacco, nutrition, and dental | 13 |
| health. The program shall also provide course material and | 14 |
| instruction to advise pupils of the Abandoned Newborn Infant | 15 |
| Protection Act.
Notwithstanding the above educational areas, | 16 |
| the following areas may also
be included as a basis for | 17 |
| curricula in all elementary and secondary
schools in this | 18 |
| State: basic first aid (including, but not limited to,
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| cardiopulmonary resuscitation and the Heimlich maneuver), | 20 |
| early prevention
and detection of cancer, heart disease, | 21 |
| diabetes, stroke, and the
prevention of child abuse, neglect, | 22 |
| and suicide.
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| The school board of each
public elementary and secondary | 24 |
| school in the State
shall encourage all teachers and other | 25 |
| school personnel to acquire,
develop, and maintain the | 26 |
| knowledge and skills necessary to properly
administer |
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| life-saving techniques, including without limitation the
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| Heimlich maneuver and rescue breathing.
The training shall be | 3 |
| in
accordance with standards of the
American Red Cross, the | 4 |
| American Heart Association, or another nationally
recognized | 5 |
| certifying organization.
A school board may use the
services of | 6 |
| non-governmental entities whose personnel have expertise in
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| life-saving techniques to instruct teachers and other school | 8 |
| personnel in
these techniques. Each school board
is encouraged | 9 |
| to have in
its employ, or on its volunteer staff, at least one | 10 |
| person who is certified, by
the American Red Cross or by | 11 |
| another qualified certifying agency,
as qualified to | 12 |
| administer first aid and
cardiopulmonary resuscitation. In | 13 |
| addition, each school board is authorized to
allocate | 14 |
| appropriate portions of its institute or inservice days to | 15 |
| conduct
training programs for teachers and other school | 16 |
| personnel who have expressed an
interest in becoming qualified | 17 |
| to administer emergency first aid or
cardiopulmonary | 18 |
| resuscitation. School boards are urged to
encourage their | 19 |
| teachers and other school personnel who coach school athletic
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| programs and other extracurricular school activities to | 21 |
| acquire, develop, and
maintain the knowledge and skills | 22 |
| necessary to properly administer first aid
and cardiopulmonary | 23 |
| resuscitation in accordance with standards and requirements
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| established by the American Red Cross or another qualified | 25 |
| certifying agency. Subject to appropriation, the State Board of | 26 |
| Education shall establish and administer a matching grant |
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| program to pay for half of the cost that a school district | 2 |
| incurs in training those teachers and other school personnel | 3 |
| who express an interest in becoming qualified to administer | 4 |
| cardiopulmonary resuscitation (which training must be in
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| accordance with standards of the
American Red Cross, the | 6 |
| American Heart Association, or another nationally
recognized | 7 |
| certifying organization) or in learning how to use an automated | 8 |
| external defibrillator. A school district that applies for a | 9 |
| grant must demonstrate that it has funds to pay half of the | 10 |
| cost of the training for which matching grant money is sought. | 11 |
| The State Board of Education shall award the grants on a | 12 |
| first-come, first-serve basis.
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| No pupil shall be
required to take or participate in any | 14 |
| class or course on comprehensive sexual health education, AIDS , | 15 |
| or family
life instruction if his parent or guardian submits | 16 |
| written objection
thereto, and refusal to take or participate | 17 |
| in the course or program shall
not be reason for suspension or | 18 |
| expulsion of the pupil.
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| Curricula developed under programs established in | 20 |
| accordance with this
Act in the major educational area of | 21 |
| alcohol and drug use and abuse shall
include classroom | 22 |
| instruction in grades 5 through 12. The instruction,
which | 23 |
| shall include matters relating to both the physical and legal | 24 |
| effects
and ramifications of drug and substance abuse, shall be | 25 |
| integrated into
existing curricula; and the State Board of | 26 |
| Education shall develop and make
available to all elementary |
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| and secondary schools in this State
instructional materials and | 2 |
| guidelines which will assist the schools in
incorporating the | 3 |
| instruction into their existing curricula. In
addition, school | 4 |
| districts may offer, as part of existing curricula during
the | 5 |
| school day or as part of an after school program, support | 6 |
| services and
instruction for pupils or pupils whose parent, | 7 |
| parents, or guardians are
chemically dependent.
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| (Source: P.A. 94-933, eff. 6-26-06; 95-43, eff. 1-1-08; 95-764, | 9 |
| eff. 1-1-09; revised 9-5-08.)
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| Section 97. Severability. If any portion of this Act or any | 11 |
| amendments thereto, or its applicability to any person or | 12 |
| circumstance is held invalid by a court, the remainder of this | 13 |
| Act or its applicability to other persons or circumstances | 14 |
| shall not be affected.
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.".
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