Bill Text: IL HB4262 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Reproductive Health Act. Provides that consent to a termination of pregnancy is voluntary and informed only if: the physician who is to perform the procedure, or the referring physician, has, at a minimum, orally, while physically present in the same room, and at least 24 hours before the procedure, provided the woman with specified information; specified printed materials prepared and provided by the Department of Public Health have been provided to the pregnant woman, if she chooses to view these materials; and the woman acknowledges in writing, before the termination of pregnancy, that the information required to be provided has been provided. Provides that if a medical emergency exists and a physician cannot comply with the requirements for informed consent, a physician may terminate a pregnancy if he or she has obtained at least one corroborative medical opinion attesting to the medical necessity for emergency medical procedures and to the fact that to a reasonable degree of medical certainty the continuation of the pregnancy would threaten the life of the pregnant woman. Provides that a physician or other person who violates the provisions shall be subject to appropriate disciplinary action.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-03-01 - Added Co-Sponsor Rep. David Friess [HB4262 Detail]

Download: Illinois-2023-HB4262-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4262 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED:
775 ILCS 55/1-17 new
Amends the Reproductive Health Act. Provides that consent to a termination of pregnancy is voluntary and informed only if: the physician who is to perform the procedure, or the referring physician, has, at a minimum, orally, while physically present in the same room, and at least 24 hours before the procedure, provided the woman with specified information; specified printed materials prepared and provided by the Department of Public Health have been provided to the pregnant woman, if she chooses to view these materials; and the woman acknowledges in writing, before the termination of pregnancy, that the information required to be provided has been provided. Provides that if a medical emergency exists and a physician cannot comply with the requirements for informed consent, a physician may terminate a pregnancy if he or she has obtained at least one corroborative medical opinion attesting to the medical necessity for emergency medical procedures and to the fact that to a reasonable degree of medical certainty the continuation of the pregnancy would threaten the life of the pregnant woman. Provides that a physician or other person who violates the provisions shall be subject to appropriate disciplinary action.
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A BILL FOR
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AN ACT concerning human rights.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Reproductive Health Act is amended by
adding Section 1-17 as follows:
(775 ILCS 55/1-17 new)
Sec. 1-17. Informed consent for abortion.
(a) Except in the case of a medical emergency, consent to a
termination of pregnancy is voluntary and informed only if:
(1) The physician who is to perform the procedure, or
the referring physician, has, at a minimum, orally, while
physically present in the same room, and at least 24 hours
before the procedure, informed the woman of:
(A) The nature and risks of undergoing or not
undergoing the proposed procedure that a reasonable
patient would consider material to making a knowing
and willful decision of whether to terminate a
pregnancy.
(B) The probable gestational age of the fetus,
verified by an ultrasound, at the time the termination
of pregnancy is to be performed.
(i) The ultrasound must be performed by the
physician who is to perform the abortion or by a

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person having documented evidence that he or she
has completed a course in the operation of
ultrasound equipment as prescribed by rule and who
is working in conjunction with the physician.
(ii) The person performing the ultrasound must
offer the woman the opportunity to view the live
ultrasound images and hear an explanation of them.
If the woman accepts the opportunity to view the
images and hear the explanation, a physician or a
registered nurse, licensed practical nurse,
advanced practice registered nurse, or physician
assistant working in conjunction with the
physician must contemporaneously review and
explain the images to the woman before the woman
gives informed consent to having an abortion
procedure performed.
(iii) The woman has a right to decline to view
and hear the explanation of the live ultrasound
images after she is informed of her right and
offered an opportunity to view the images and hear
the explanation. If the woman declines, the woman
shall complete a form acknowledging that she was
offered an opportunity to view and hear the
explanation of the images but that she declined
that opportunity. The form must also indicate that
the woman's decision was not based on any undue

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influence from any person to discourage her from
viewing the images or hearing the explanation and
that she declined of her own free will.
(iv) Unless requested by the woman, the person
performing the ultrasound may not offer the
opportunity to view the images and hear the
explanation and the explanation may not be given
if, at the time the woman schedules or arrives for
her appointment to obtain an abortion, a copy of a
restraining order, police report, medical record,
or other court order or documentation is presented
which provides evidence that the woman is
obtaining the abortion because the woman is a
victim of rape, incest, domestic violence, or
human trafficking or that the woman has been
diagnosed as having a condition that, on the basis
of a physician's good faith clinical judgment,
would create a serious risk of substantial and
irreversible impairment of a major bodily function
if the woman delayed terminating her pregnancy.
(C) The medical risks to the woman and fetus of
carrying the pregnancy to term.
The physician may provide the information required in
this paragraph within 24 hours before the procedure if
requested by the woman at the time she schedules or
arrives for her appointment to obtain an abortion and if

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she presents to the physician a copy of a restraining
order, police report, medical record, or other court order
or documentation evidencing that she is obtaining the
abortion because she is a victim of rape, incest, domestic
violence, or human trafficking.
(2) Printed materials prepared and provided by the
Department have been provided to the pregnant woman, if
she chooses to view these materials, including:
(A) A description of the fetus, including a
description of the various stages of development.
(B) A list of entities that offer alternatives to
terminating the pregnancy.
(C) Detailed information on the availability of
medical assistance benefits for prenatal care,
childbirth, and neonatal care.
(3) The woman acknowledges in writing, before the
termination of pregnancy, that the information required to
be provided under this subsection has been provided.
Nothing in this Section is intended to prohibit a
physician from providing any additional information which the
physician deems material to the woman's informed decision to
terminate her pregnancy.
(b) If a medical emergency exists and a physician cannot
comply with the requirements for informed consent, a physician
may terminate a pregnancy if he or she has obtained at least
one corroborative medical opinion attesting to the medical

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