HB5463 98TH GENERAL ASSEMBLY

LRB098 19271 RLC 54423 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5463

Introduced , by Rep. Thomas Morrison

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Abortion Law of 1975. Adds various definitions to the Act. Provides that an abortion shall not be performed or induced without the voluntary and informed consent of the patient upon whom the abortion is to be performed or induced. Establishes what circumstances are considered informed consent. Provides that if the medical facility has the necessary equipment, consent to an abortion is voluntary and informed only if at least 24 hours before the abortion, the physician who is to perform the abortion on the pregnant woman, the referring physician, or a qualified person assisting the physician has offered the woman, orally and in person, the opportunity to: (1) view the active ultrasound image of the unborn child and hear the heartbeat of the unborn child if the heartbeat is audible; and (2) receive a physical picture of the ultrasound image of the unborn child. Provides that the Department of Public Health shall cause to be published printed materials and an informational DVD in English and Spanish within 30 days after the effective date of the amendatory Act. Provides that the materials shall include a comprehensive list of the agencies, a description of the services they offer, and the telephone numbers and addresses of the agencies, and shall inform the woman about available medical assistance benefits for prenatal care, childbirth, and neonatal care. Provides that a pregnant woman upon whom an abortion has been performed in violation of the Act, or the parent or legal guardian of that woman if she is an unemancipated minor, may commence a civil action against the abortion provider for any willful violation of the Act for actual and punitive damages.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Abortion Law of 1975 is amended by changing Sections 2, 10, 10.1, 11, and 12 and by adding Sections 3.2, 3.3, 3.4, and 11.2 as follows:

(720 ILCS 510/2) (from Ch. 38, par. 81-22)

Sec. 2. Definitions. Unless the language or context clearly indicates a different meaning is intended, the following words or phrases for the purpose of this Law shall be given the meaning ascribed to them:

(1) "Viability" means that stage of fetal development when, in the medical judgment of the attending physician based on the particular facts of the case before him, there is a reasonable likelihood of sustained survival of the fetus outside the womb, with or without artificial support.

(2) "Physician" means any person licensed to practice medicine in all its branches under the Illinois Medical Practice Act of 1987, as amended.

(3) "Department" means the Department of Public Health, State of Illinois.

(4) "Abortion" means the act of using or prescribing use of any instrument, medicine, drug or any other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus, or to remove an ectopic pregnancy.

(5) "Fertilization" and "conception" each mean the fertilization of a human ovum by a human sperm, which shall be deemed to have occurred at the time when it is known a spermatozoon has penetrated the cell membrane of the ovum.

(6) "Fetus" and "unborn child" each mean an individual organism of the species homo sapiens from fertilization until live birth.

(7) "Abortifacient" means any instrument, medicine, drug, or any other substance or device which is known to cause fetal death when employed in the usual and customary use for which it is manufactured, whether or not the fetus is known to exist when such substance or device is employed.

(8) "Born alive", "live born", and "live birth", when applied to an individual organism of the species homo sapiens, each mean he or she was completely expelled or extracted from his or her mother, regardless of the state of gestational development, and after such separation breathed or showed evidence of any of the following: beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, irrespective of the duration of pregnancy and whether or not the umbilical cord has been cut or the placenta is attached.

(9) "Auscultation" means the act of listening for sounds made by internal organs of the fetus, specifically for a fetal heartbeat, utilizing an ultrasound transducer and fetal heart rate (FHR) monitor.

(10) "Facility" or "medical facility" means any public or private hospital, clinic, center, medical school, medical training institution, health care facility, physician's office, infirmary, dispensary, ambulatory surgical treatment center, or other institution or location wherein medical care is provided to any person.

(11) "Medical emergency" means that condition which, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate termination of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.

(12) "Pregnant" or "pregnancy" means that female reproductive condition of having an unborn child in the woman's uterus.

(13) "Qualified person" means an agent of the physician who is a psychologist, licensed social worker, licensed professional counselor, registered nurse, or physician.

(14) "Ultrasound" means the use of ultrasonic waves for diagnostic or therapeutic purposes, specifically to monitor a developing fetus.

(Source: P.A. 85-1209.)

(720 ILCS 510/3.2 new)

Sec. 3.2. Informed consent requirement.

(a) An abortion shall not be performed or induced without the voluntary and informed consent of the patient upon whom the abortion is to be performed or induced.

(b) Except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if:

(1) At least 24 hours before the abortion, the physician who is to perform the abortion or the referring physician has informed the patient, orally and in person, of the following:

(A) the name of the physician who will perform the abortion;

(B) the probable gestational age of the unborn child at the time the abortion is to be performed;

(C) the probable anatomical and physiological characteristics of the unborn child at the time the abortion is to be performed;

(D) the medical risks associated with carrying her child to term;

(E) medically accurate information that a reasonable patient would consider material to the decision of whether or not to undergo the abortion, including (i) a description of the proposed abortion method; (ii) the immediate and long-term medical risks associated with the proposed abortion method including, but not limited to, the risks of infection, hemorrhage, cervical or uterine perforation, danger to subsequent pregnancies, and increased risk of breast cancer; and (iii) alternatives to the abortion; and

(F) any need for anti-Rh immune globulin therapy if she is Rh negative, the likely consequences of refusing the therapy, and the cost of the therapy.

(2) At least 24 hours before the abortion, the physician who is to perform the abortion, the referring physician, or a qualified person assisting the physician has informed the patient, orally and in person, of the following:

(A) medical assistance benefits may be available for prenatal care, childbirth, and neonatal care, and that more detailed information on the availability of the assistance is contained in the printed materials and informational DVD given to her and described in Section 3.4;

(B) the printed materials and informational DVD in Section 3.4 describe the unborn child and list agencies that offer alternatives to abortion;

(C) the father of the unborn child is liable to assist in the support of the child, even in instances where he has offered to pay for the abortion. In the case of sexual assault or incest, this information may be omitted;

(D) she is free to withhold or withdraw her consent to the abortion at any time without affecting her right to future care or treatment and without the loss of any State or federally-funded benefits to which she might otherwise be entitled; and

(E) the information contained in the printed materials and informational DVD given to her, as described in Section 3.4, are also available on a State-maintained website.

(3) At least 24 hours prior to an abortion being performed or induced on an unborn child who is 20 weeks gestation or more, the physician performing the abortion on the pregnant woman, the referring physician, or a qualified person assisting the physician shall, orally and in person, offer information on fetal pain to the pregnant woman. This information and counseling shall include, but shall not be limited to, the following:

(A) that, by 20 weeks, the unborn child possesses all anatomical links in its nervous system (including spinal cord, nerve tracts, thalamus, and cortex) that are necessary in order to feel pain;

(B) that an unborn child who is 20 weeks gestation or more is fully capable of experiencing pain;

(C) a description of the actual steps in the abortion procedure to be performed or induced, and at which steps in the abortion procedure the unborn child is capable of feeling pain;

(D) that maternal anesthesia typically offers little pain prevention for the unborn child; and

(E) that an anesthetic or analgesic is available in order to minimize or alleviate pain to the fetus, or both.

(4) The information required in paragraphs (1), (2), and (3) of this subsection (b) is provided to the woman individually and in a private room to protect her privacy, to maintain the confidentiality of her decision, and to ensure that the information focuses on her individual circumstances and that she has an adequate opportunity to ask questions.

(5) At least 24 hours before the abortion, the woman is given a copy of the printed materials and permitted to view them or given a copy of the informational DVD described in Section 3.4. If the woman is unable to read the materials, they shall be read to her. If the woman asks questions concerning any of the information or materials, answers shall be provided to her in a language she can understand.

(6) Prior to the abortion, the woman certifies in writing on a checklist form provided or approved by the Department that the information required to be provided under paragraphs (1), (2), and (3) of this subsection (b) and Section 3.4 has been provided. All physicians who perform abortions shall report the total number of certifications received monthly to the Department. The Department shall make the number of certifications received available to the public on an annual basis.

(c) Except in the case of a medical emergency, the physician who is to perform the abortion shall receive and sign a copy of the written certification prescribed in paragraph (6) of subsection (b) prior to performing the abortion. The physician shall retain a copy of the checklist certification form in the woman's medical record.

(d) When a medical emergency compels the performance of an abortion, the physician shall:

(1) inform the woman, before the abortion if possible, of the medical indications supporting the physician's judgment that an immediate abortion is necessary to avert her death or that a 24-hour delay will cause substantial and irreversible impairment of a major bodily function; and

(2) clearly certify in writing the nature of the medical emergency and the circumstances which necessitated the waiving of the informed consent requirements of this Act. This certification shall be signed by the physician who performed the emergency abortion, and shall be permanently filed in both the records of the physician performing the abortion and the records of the facility where the abortion takes place.

(e) A physician shall not require or obtain payment for a service provided in relation to an abortion from a patient who has inquired about an abortion or scheduled an abortion until the expiration of the 24-hour period required in paragraphs (1), (2), (3), and (5) of subsection (b) of this Section.

(f) A person who intentionally, knowingly, or recklessly violates the provisions of this Section commits a Class B misdemeanor.

(720 ILCS 510/3.3 new)

Sec. 3.3. Ultrasound requirement.

(a) If the facility has the necessary equipment, consent to an abortion is voluntary and informed only if, at least 24 hours before the abortion, the physician who is to perform the abortion on the pregnant woman, the referring physician, or a qualified person assisting the physician has offered the woman, orally and in person, the opportunity to:

(1) view the active ultrasound image of the unborn child and hear the heartbeat of the unborn child if the heartbeat is audible; and

(2) receive a physical picture of the ultrasound image of the unborn child.

(b) At the woman's request, the physician or qualified person assisting the physician must, at least 24 hours prior to the performance of the abortion:

(1) provide the active ultrasound image to the pregnant woman for her to view and auscultation of fetal heart tone for her to hear; and

(2) provide a physical picture of the ultrasound image of the unborn child.

(c) If the facility has the necessary equipment, at least 24 hours prior to the performance of the abortion, a physician or qualified person assisting the physician shall obtain the woman's signature on a certification form stating the following:

(1) that she has been offered the opportunity to view the active ultrasound image of the unborn child and to hear the heartbeat of the unborn child if the heartbeat is audible;

(2) that she has been offered the opportunity to receive the physical picture of the ultrasound image of the unborn child; and

(3) that the woman either (A) requested to view the active ultrasound imaging and hear auscultation of fetal heart tone or receive the physical picture of the ultrasound image, or both; or (B) opted not to view the active ultrasound imaging and hear auscultation of fetal heart tone or receive the physical picture of the ultrasound image, or both.

(d) The active ultrasound image must be of a quality consistent with standard medical practice in the community, shall contain the dimensions of the unborn child, and shall accurately portray the presence of external members and internal organs, if present or viewable, of the unborn child.

(720 ILCS 510/3.4 new)

Sec. 3.4. Publication of materials.

(a) The Department shall cause to be published printed materials and an informational DVD in English and Spanish within 30 days after the effective date of this amendatory Act of the 98th General Assembly. The Department shall develop and maintain a secure Internet website, which may be part of an existing website, to provide the information described in this Section. No information regarding persons using the website shall be collected or maintained. The Department shall monitor the website on a weekly basis to prevent and correct tampering.

On an annual basis, the Department shall review and update, if necessary, the following easily comprehensible printed materials and informational DVD:

(1) Geographically indexed materials that inform the woman of public and private agencies and services available to assist a woman through pregnancy, upon childbirth, and while her child is dependent, including but not limited to adoption agencies.

(2) A comprehensive list of the agencies, a description of the services they offer, and the telephone numbers and addresses of the agencies, and shall inform the woman about available medical assistance benefits for prenatal care, childbirth, and neonatal care.

The Department shall ensure that the materials described in this Section are comprehensive and do not directly or indirectly promote, exclude, or discourage the use of any agency or service described in this Section. The materials shall also contain a toll-free, 24-hour-a-day telephone number which may be called to obtain information about the agencies in the locality of the caller and of the services they offer.

The materials shall state that it is unlawful for any individual to coerce a woman to undergo an abortion and that if a minor is denied financial support by the minor's parents, guardian, or custodian due to the minor's refusal to have an abortion performed, the minor shall be deemed emancipated for the purposes of eligibility for public-assistance benefits, except that the benefits may not be used to obtain an abortion. The materials shall also state that any physician who performs an abortion upon a woman without her informed consent may be liable to her for damages in a civil action at law and that the law permits adoptive parents to pay costs of prenatal care, childbirth, and neonatal care. The materials shall also include the following statement:

"There are many public and private agencies willing and able to help you to carry your child to term, and to assist you and your child after your child is born, whether you choose to keep your child or to place her or him for adoption. The State of Illinois strongly urges you to contact one or more of these agencies before making a final decision about abortion. The law requires that your physician or his agent give you the opportunity to call agencies like these before you undergo an abortion."

(b) Materials that include information on the support obligations of the father of a child who is born alive, including but not limited to the father's legal duty to support his child, which may include child support payments and health insurance, and the fact that paternity may be established by the father's signature on a birth certificate, by a statement of paternity, or by court action. The printed material shall also state that more information concerning establishment of paternity and child support services and enforcement may be obtained by calling State or county public assistance agencies.

(c) Materials that inform the pregnant woman of the probable anatomical and physiological characteristics of the unborn child at 2-week gestational increments from fertilization to full term, including color photographs of the developing unborn child at 2-week gestational increments. The descriptions shall include information about brain and heart functions, the presence of external members and internal organs during the applicable stages of development, and any relevant information on the possibility of the unborn child's survival. If a photograph is not available, a picture must contain the dimensions of the unborn child and must be realistic. The materials shall be objective, non-judgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages.

(d) Materials which contain objective information describing the various surgical and drug-induced methods of abortion, and the immediate and long-term medical risks commonly associated with each abortion method including, but not limited to, the risks of infection, hemorrhage, cervical or uterine perforation or rupture, danger to subsequent pregnancies, increased risk of breast cancer, the possible adverse psychological effects associated with an abortion, and the medical risks associated with carrying a child to term.

(e) A uniform resource locator (URL) for the State-maintained website where the materials described in subsections (a), (b), (c), and (d) of this Section may be found.

(f) A checklist certification form to be used by the physician or a qualified person under paragraph (6) of subsection (b) of Section 3.2 of this Act, which shall list all the items of information which are to be given to the woman by a physician or the agent under this Act.

(g) The materials shall be printed in a typeface large enough to be clearly legible.

(h) The Department shall produce a standardized DVD that may be used statewide, presenting the information described in subsections (a), (b), (c), (d), and (e) of this Section, in accordance with the requirements of those subsections. In preparing the DVD, the Department may summarize and make reference to the printed comprehensive list of geographically indexed names and services described in subsection (a) of this Section. The DVD shall, in addition to the information described in subsections (a), (b), (c), (d), and (e) of this Section, show an ultrasound of the heartbeat of an unborn child at 4 to 5 weeks gestational age, at 6 to 8 weeks gestational age, and each month thereafter, until viability. That information shall be presented in an objective, unbiased manner designed to convey only accurate scientific information.

(i) The materials required under this Section and the DVD described in subsection (h) of this Section shall be available at no cost from the Department upon request and in appropriate number to any person, facility, or hospital.

(720 ILCS 510/10) (from Ch. 38, par. 81-30)

Sec. 10. For the purpose of promoting maternal health and adding to the sum of medical and public health knowledge through the compilation of relevant data, a A report of each abortion performed shall be made to the Department on forms prescribed by it. Such report forms shall not identify the patient by name, but by an individual number to be noted in the patient's permanent record in the possession of the physician, and shall include information concerning:

(1) Identification of the physician who performed the abortion and the facility where the abortion was performed and a patient identification number;

(2) State in which the patient resides;

(3) Patient's date of birth, race and marital status;

(4) Patient's number Number of prior pregnancies and prior abortions;

(5) Date of last menstrual period;

(6) Type of abortion procedure performed or prescribed;

(7) Complications and whether the abortion resulted in a live birth;

(8) The date the abortion was performed;

(9) Medical indications for any abortion performed when the fetus was viable;

(10) The information required by Sections 6(1)(b) and 6(4)(b) of this Act, if applicable;

(11) Basis for any medical judgment that a medical emergency existed when required under Sections 6(2)(a) and 6(6) and when required to be reported in accordance with this Section by any provision of this Law; and

(12) The pathologist's test results pursuant to Section 12 of this Act; .

(13) The probable gestational age of the unborn child;

(14) Preexisting medical conditions of the patient which would complicate pregnancy, if any;

(15) Identification of the referring physician, agency, or service, if any. Notwithstanding any provision of law to the contrary, the Department shall ensure that the identification of any physician or other health care provider reporting under this Section shall not be released or otherwise made available to the general public;

(16) Basis for any medical judgment that a medical emergency existed which excused the physician from compliance with any provision of this Act; and

(17) The length and weight of the aborted child for any abortion performed under a medical emergency as defined in paragraph (11) of Section 2 of this Act.

Such form shall be completed by the hospital or other licensed facility, signed by the physician who performed the abortion or pregnancy termination, and transmitted to the Department not later than 10 days following the end of the month in which the abortion was performed.

In the event that a complication of an abortion occurs or becomes known after submission of such form, a correction using the same patient identification number shall be submitted to the Department within 10 days of its becoming known.

The Department may prescribe rules and regulations regarding the administration of this Law and shall prescribe regulations to secure the confidentiality of the woman's identity in the information to be provided under the "Vital Records Act". All reports received by the Department shall be treated as confidential and the Department shall secure the woman's anonymity. Such reports shall be used only for statistical purposes.

Upon 30 days public notice, the Department is empowered to require reporting of any additional information which, in the sound discretion of the Department, is necessary to develop statistical data relating to the protection of maternal or fetal life or health, or is necessary to enforce the provisions of this Law, or is necessary to develop useful criteria for medical decisions. The Department shall annually report to the General Assembly all statistical data gathered under this Law and its recommendations to further the purpose of this Law.

The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report with the Speaker, the Minority Leader and the Clerk of the House of Representatives and the President, the Minority Leader and the Secretary of the Senate and the Legislative Research Unit, as required by Section 3.1 of "An Act to revise the law in relation to the General Assembly", approved February 25, 1874, as amended, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.

(Source: P.A. 84-1438.)

(720 ILCS 510/10.1) (from Ch. 38, par. 81-30.1)

Sec. 10.1. Any physician who diagnoses a woman as having complications, requiring medical treatment, or suffering death as the primary, secondary or tertiary result of resulting from an abortion shall report, within a reasonable period of time, the diagnosis and a summary of the complications of her physical symptoms to the Illinois Department of PublicHealth. The report shall be filed within 30 days of the discharge or death of the patient. Each report shall contain, at minimum, the following information:

(1) patient's date of birth, race, and marital status;

(2) patient's number of prior pregnancies and prior abortions;

(3) the date the abortion was performed, the reason for the abortion if known, and the method used if known;

(4) the type or classification of the facility where the abortion was performed;

(5) the name or location of the facility where the abortion was performed, if known;

(6) the specific complications that led to the treatment, including, but not limited to, failure to actually terminate the pregnancy, missed ectopic pregnancy, uterine perforation, cervical perforation, incomplete abortion (retained tissue), bleeding infection, hemorrhage, blood clots, cardiac arrest, respiratory arrest, pelvic inflammatory disease, damage to pelvic organs, endometritis, renal failure, metabolic disorder, shock, embolism, free fluid in the abdomen, acute abdomen, adverse reaction to anesthesia or other drugs, hemolytic reaction due to the administration of ABO-incompatible blood or blood products, hypoglycemia where onset occurs while patient is being cared for in the abortion facility, physical injury associated with therapy performed in the abortion facility, coma, death, and psychological or emotional complications including but not limited to depression, suicidal ideation, anxiety, and sleep disorders; and

(7) the amount billed to cover the treatment of the specific complications, including whether the treatment was billed to Medicaid, insurance, private pay, or other method. This should include charges from any physician, hospital, emergency room, prescription or other drugs, laboratory tests, and any other costs for the treatment rendered. in accordance with procedures and upon forms required by such Department. The Department of Public Health shall define the complications required to be reported by rule. The complications defined by rule shall be those which, according to contemporary medical standards, are manifested by symptoms with severity equal to or greater than hemorrhaging requiring transfusion, infection, incomplete abortion, or punctured organs. If the physician making the diagnosis of a complication knows the name or location of the facility where the abortion was performed, he shall report such information to the Department of Public Health.

Any physician who intentionally violates this Section shall be subject to revocation of his license pursuant to paragraph (22) of Section 22 of the Medical Practice Act of 1987.

(Source: P.A. 85-1209.)

(720 ILCS 510/11) (from Ch. 38, par. 81-31)

Sec. 11. Violations.

(1) Any person who intentionally violates any provision of this Law commits a Class A misdemeanor unless a specific penalty is otherwise provided. Any person who intentionally falsifies any writing required by this Law commits a Class A misdemeanor.

Intentional, knowing, reckless, or negligent violations of this Law shall constitute unprofessional conduct which causes public harm under Section 22 of the Medical Practice Act of 1987, as amended; Section 70-5 of the Nurse Practice Act, and Section 21 of the Physician Assistant Practice Act of 1987, as amended.

Intentional, knowing, reckless or negligent violations of this Law will constitute grounds for refusal, denial, revocation, suspension, or withdrawal of license, certificate, or permit under Section 30 of the Pharmacy Practice Act, as amended; Section 7 of the Ambulatory Surgical Treatment Center Act, effective July 19, 1973, as amended; and Section 7 of the Hospital Licensing Act.

(2) Any hospital or licensed facility which, or any physician who intentionally, knowingly, or recklessly fails to submit a complete report to the Department in accordance with the provisions of Section 10 or 10.1 of this Law and any person who intentionally, knowingly, recklessly or negligently fails to maintain the confidentiality of any reports required under this Law or reports required by Sections 10.1 or 12 of this Law commits a Class B misdemeanor.

Upon conviction, the hospital or licensed facility shall:

(A) Have its license suspended for a period of 6 months for the first violation.

(B) Have its license suspended for a period of one year for the second violation.

(C) Have its license revoked upon a third or subsequent violation.

(3) Any person who sells any drug, medicine, instrument or other substance which he knows to be an abortifacient and which is in fact an abortifacient, unless upon prescription of a physician, is guilty of a Class B misdemeanor. Any person who prescribes or administers any instrument, medicine, drug or other substance or device, which he knows to be an abortifacient, and which is in fact an abortifacient, and intentionally, knowingly or recklessly fails to inform the person for whom it is prescribed or upon whom it is administered that it is an abortifacient commits a Class C misdemeanor.

(4) Any person who intentionally, knowingly or recklessly performs upon a woman what he represents to that woman to be an abortion when he knows or should know that she is not pregnant commits a Class 2 felony and shall be answerable in civil damages equal to 3 times the amount of proved damages.

(Source: P.A. 95-639, eff. 10-5-07; 95-689, eff. 10-29-07; 95-876, eff. 8-21-08.)

(720 ILCS 510/11.2 new)

Sec. 11.2. Private right of action. A pregnant woman upon whom an abortion has been performed in violation of this Act, or the parent or legal guardian of that woman if she is an unemancipated minor, may commence a civil action against the abortion provider for any willful violation of this Act for actual and punitive damages.

(720 ILCS 510/12) (from Ch. 38, par. 81-32)

Sec. 12. Tissue examination.

(a) When an abortion is performed during the first trimester of pregnancy, the tissue that is removed shall be subjected to a gross or microscopic examination, as needed, by the physician or a qualified person designated by the physician to determine if a pregnancy existed and was terminated. If the examination indicates no fetal remains, that information shall immediately be made known to the physician and sent to the Department within 7 days of the analysis.

(b) When an abortion is performed after the first trimester of pregnancy, the physician must certify whether or not the child was viable. The dead unborn child fetus and all tissue removed at the time of abortion shall be submitted for a gross and microscopic analysis and tissue report to a board eligible or certified pathologist as a matter of record in all cases. The results of the analysis and report shall be given to the physician who performed the abortion within 7 days of the abortion and such physician shall report any complications relevant to the woman's medical condition to his patient within 48 hours of receiving a report if possible. Any evidence of live birth or of viability shall be reported within 7 days, if possible, to the Department by the pathologist. Intentional failure of the pathologist to report any evidence of live birth or of viability or lack of evidence of fetal remains to the Department is a Class B misdemeanor.

(Source: P.A. 83-1128.)