Comments: IL HB4664 | 2021-2022 | 102nd General Assembly

Illinois House Bill 4664 (Prior Session Legislation)

Bill Title: Amends the Reproductive Health Act. Includes assisted reproduction in the definition of "reproductive health care". Requires a lawsuit brought under the Act to be commenced within 2 years after the cause of action was discovered. Allows a person to recover damages when a judgment was entered against the person for reproductive health care services that are permitted under Illinois law. Amends the Wrongful Death Act. Provides that there shall be no cause of action against a health care professional, medical institution, or pregnant person (rather than a physician) for the wrongful death of a fetus caused by an abortion where the abortion was permitted by law and the requisite consent was lawfully given. Amends various licensing Acts to restrict the Department of Financial and Professional Regulation from taking action against a license or permit issued under those Acts based solely upon the license of the person being revoked or the person otherwise being disciplined by any other state or territory for actions related to any health care, medical service, or procedure if the revocation or disciplinary action was based solely on a violation of the other state's law prohibiting such action performed in any state for any person and such conduct is permissible under State law. Amends the Physician Assistant Practice Act of 1987, the Medical Practice Act of 1987, and the Nurse Practice Act. Allows the Department of Financial and Professional Regulation to issue temporary permits for health care to a person who is licensed to practice under Acts equivalent to those in another state. Amends the Reproductive Health Act. Allows an advanced practice registered nurse or physician assistant to perform abortion procedures that do not require general anesthesia. Requires a health care professional's report of each abortion to be transmitted to the Department of Public Health on a quarterly basis (rather than not later than 20 days following the end of the month in which the abortion is performed). Provides that such reports are not admissible as evidence or discoverable in any action of any kind. Allows the Department to make aggregate data derived from the reports publicly available so long as such disclosure does not reveal any identifying information about a patient or health care professional. Amends the Telehealth Act. Allows a health care professional with a temporary permit for health care to treat a patient located in the State through telehealth services. Creates the Abortion Care Clinical Training Program Act. Requires the Department of Public Health to administer an Abortion Care Clinical Training Program. Sets forth Program administration and reporting, coordinating organization duties, and rules. Creates the Abortion Care Clinical Training Program Fund. Amends the Pharmacy Practice Act. Allows pharmacists to dispense hormonal contraceptives without prior establishment of a relationship between the pharmacist and the person receiving hormonal contraception. Provides that no employee of the Department of Public Health shall be liable for injury caused by the pharmacist's or patient's use of the self-screening assessment or the dispensation of hormonal contraceptives. Amends various Acts to remove references to the Parental Notice of Abortion Act of 1995. Amends the Illinois Parentage Act of 2015. Provides that the terms of the most recent informed consent governs the disposition of a fertilized ovum when the intended parent or parents no longer wish to use any remaining cryopreserved fertilized ovum. Amends the Illinois Insurance Code. Requires abortion care coverage to include medications prescribed for the purpose of producing an abortion with or without proof of pregnancy. Requires coverage for abortifacients, hormonal therapy, and human immunodeficiency virus pre-exposure prophylaxis and post-exposure prophylaxis. Creates the Lawful Health Care Activity Act. Provides that the laws of the State govern in any case or controversy heard in the State related to lawful health care activity. Amends the Uniform Interstate Depositions and Discovery Act. Prohibits a clerk of court from issuing a subpoena based on a foreign subpoena that: requests information or documents related to lawful health care activity; or is related to the enforcement of another state's law that would interfere with an individual's rights under the Reproductive Health Act. Amends the Uniform Act to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings. Restricts a subpoena, summons, or order from being issued for a witness to provide information or testimony in relation to any proceeding if the charge is based on conduct that involves lawful health care activity that is not unlawful in the State. Amends the Uniform Criminal Extradition Act. Provides that the Governor shall not surrender a person if the charge is based on conduct that involves seeking, providing, receiving, assisting in seeking, providing, or receiving, providing material support for, or traveling to obtain lawful health care that is not unlawful under the laws of the State. Creates the Protecting Reproductive Health Care Services Act. Provides that when any person has had a judgment entered against such person, in any state, where liability is based on the alleged provision, receipt, assistance in receipt or provision, material support for, or any theory of vicarious, joint, several, or conspiracy liability derived therefrom, for reproductive health care services that are permitted under the laws of the State, such person may recover damages from any party that brought the action leading to that judgment or has sought to enforce that judgment. Makes other and conforming changes in various other Acts. Effective immediately.

Spectrum: Partisan Bill (Democrat 62-0)

Status: (Passed) 2023-01-13 - Public Act . . . . . . . . . 102-1117 [HB4664 Detail]

Text: Latest bill text (Chaptered) [HTML]