Bill Text: IL HB2354 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Creates the Reproductive Health and Access Act. Provides that the State or any municipality, political subdivision, or other governmental unit or agency shall not: (1) deny or interfere with an individual's right to use or refuse contraception; (2) deny or interfere with a pregnant woman's right to bear a child; (3) deny or interfere with a pregnant woman's right to terminate a pregnancy: (i) prior to the viability of the fetus or (ii) when the termination of pregnancy is necessary to protect the life or health of the pregnant woman; or (4) require any woman to terminate pregnancy without her consent. Provides that party aggrieved by conduct that violates the Act may bring a civil lawsuit in a State circuit court or as a supplemental claim in a federal district court against the offending unit of government. Provides that the State shall ensure that individuals eligible for State medicaid assistance, or other State medical assistance, receive financial assistance for reproductive healthcare at least to the same extent as other comparable services. Provides that pregnancy terminations shall be performed in accordance with accepted standards of medical practice, by the method that, in the clinical judgment of the attending medical professional, will best serve the interests of the pregnant patient. Provides that all Illinois public schools shall offer medically accurate, age appropriate, comprehensive sexual health education as a part of the Comprehensive Health Education Program established in the Critical Health Problems and Comprehensive Health Education Act. Amends the Critical Health Problems and Comprehensive Health Education Act to provide that the Comprehensive Health Education Program shall comply with the Reproductive Health and Access Act. Provides that the provisions of the Act are severable. Contains other provisions. Effective immediately.

Spectrum: Strong Partisan Bill (Democrat 30-2)

Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB2354 Detail]

Download: Illinois-2009-HB2354-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB2354 Introduced 2/19/2009, by Rep. Barbara Flynn Currie - Rosemary Mulligan - Naomi D. Jakobsson - Elizabeth Coulson - Sara Feigenholtz, et al. SYNOPSIS AS INTRODUCED:
New Act
105 ILCS 110/3 from Ch. 122, par. 863
Creates the Reproductive Health and Access Act. Provides that the State or any municipality, political subdivision, or other governmental unit or agency shall not: (1) deny or interfere with an individual's right to use or refuse contraception; (2) deny or interfere with a pregnant woman's right to bear a child; (3) deny or interfere with a pregnant woman's right to terminate a pregnancy: (i) prior to the viability of the fetus or (ii) when the termination of pregnancy is necessary to protect the life or health of the pregnant woman; or (4) require any woman to terminate pregnancy without her consent. Provides that party aggrieved by conduct that violates the Act may bring a civil lawsuit in a State circuit court or as a supplemental claim in a federal district court against the offending unit of government. Provides that the State shall ensure that individuals eligible for State medicaid assistance, or other State medical assistance, receive financial assistance for reproductive healthcare at least to the same extent as other comparable services. Provides that pregnancy terminations shall be performed in accordance with accepted standards of medical practice, by the method that, in the clinical judgment of the attending medical professional, will best serve the interests of the pregnant patient. Provides that all Illinois public schools shall offer medically accurate, age appropriate, comprehensive sexual health education as a part of the Comprehensive Health Education Program established in the Critical Health Problems and Comprehensive Health Education Act. Amends the Critical Health Problems and Comprehensive Health Education Act to provide that the Comprehensive Health Education Program shall comply with the Reproductive Health and Access Act. Provides that the provisions of the Act are severable. Contains other provisions. Effective immediately.
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A BILL FOR
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AN ACT concerning public health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Reproductive Health and Access Act.
Section 5. Findings and policy. The General Assembly finds
and declares that every individual possesses a fundamental
right of privacy with respect to reproductive decisions.
It is the public policy of this State to ensure that all
individuals have appropriate and necessary access to the full
range of reproductive education, healthcare and services,
including but not limited to prenatal care, adoption,
contraceptive care including timely access to emergency
contraception, pregnancy termination, comprehensive sexual
health education, and screening and treatment for sexually
transmitted infections.
Section 10. Definitions. In this Act:
"Physician" means a person licensed to practice medicine in
all of its branches under the Medical Practice Act of 1987.
"Pregnancy termination" or "termination of pregnancy"
means any medical treatment intended to terminate a pregnancy.
Pregnancy termination shall not include medical treatment

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conducted for the purpose of increasing the probability of the
birth of a sustainable life.
"Viability" means that stage of pregnancy when, in the good
faith medical judgment of the attending physician, based on the
particular medical facts of the case before the physician,
there is a reasonable likelihood of the sustained survival of
the fetus outside of the uterus without the application of
extraordinary medical measures.
Section 15. Prohibition of interference and retaliation.
(a) Notwithstanding any other provision of this Act or any
other law to the contrary, the State or any municipality,
political subdivision, or other governmental unit or agency
shall not:
(1) deny or interfere with an individual's right to use
or refuse contraception;
(2) deny or interfere with a pregnant woman's right to
bear a child;
(3) deny or interfere with a pregnant woman's right to
terminate a pregnancy: (i) prior to the viability of the
fetus or (ii) when the abortion is necessary to protect the
life or health of the pregnant woman; or
(4) require any woman to terminate pregnancy without
her consent.
(b) Any party aggrieved by conduct that violates
subsections (1) through (4) of this Section may bring a civil

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lawsuit in a State circuit court or as a supplemental claim in
a federal district court, against the offending unit of
government. If a federal or State court finds that a violation
of any of subsections (1) through (4) of this Section has
occurred, the court may award to the plaintiff actual damages,
declaratory or injunctive relief, a temporary restraining
order, or other relief. Upon a motion, the court shall award
reasonable attorneys' fees and costs, including expert witness
and other other litigation expenses, to a plaintiff who is a
prevailing party, including where the plaintiff's pursuit of a
non-frivolous claim was the a catalyst for a unilateral change
in position by the opposing party relative to the relief
sought.
Section 20. Non-discrimination in funding. Notwithstanding
any other provision of this Act or any other law to the
contrary, the State shall ensure that individuals eligible for
State medicaid assistance, or other State medical assistance,
receive financial assistance for reproductive healthcare at
least to the same extent as other comparable services.
Violation of this provision shall constitute a denial or
interference in contravention of Section 15 of this Act.
Section 25. Pregnancy terminations.
(a) Pregnancy terminations shall be performed in
accordance with accepted standards of medical practice, by the

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method that, in the clinical judgment of the attending medical
professional, will best serve the interests of the pregnant
patient. Notwithstanding any other provision of this Act or any
other law to the contrary, a qualified medical professional is
not liable for civil damages or subject to criminal penalty
relating to a pregnancy termination performed in good faith, in
accordance with the attending medical professional's good
faith clinical judgment and accepted standards of medical
practice.
(b) Notwithstanding any other provision of this Act or any
other law to the contrary, a report of each pregnancy
termination performed shall be made to the Illinois Department
of Public Health on forms prescribed by the Department. Such
report forms shall not identify the patient by name and shall
preserve the anonymity of each woman who has obtained a
pregnancy termination. The Department of Public Health shall
promulgate and enforce regulations regarding the
administration of these reporting requirements that secure
protection of patient identity and ensure the anonymity of each
woman who has undergone a pregnancy termination. Failure of the
Department to preserve confidentiality and anonymity shall
constitute interference in contravention of Section 15 of this
Act.
Section 30. Sexual health education. Notwithstanding any
other provision of this Act or any other law, all Illinois

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public schools shall offer medically accurate, age
appropriate, comprehensive sexual health education as a part of
the Comprehensive Health Education Program established in
Section 3 of the Critical Health Problems and Comprehensive
Health Education Act. Course material and instruction shall be
free of bias regarding race, color, sex, sexual orientation,
gender identity, religion, disability, or national or ethnic
origin. The Illinois Department of Public Health shall
promulgate and enforce regulations consistent with this
provision.
Section 35. Patient access.
(a) Pursuant to this Act, all individuals shall have
appropriate and necessary access to the full range of
reproductive healthcare. Notwithstanding any other provision
of this Act or any other law to the contrary, individual health
care professionals who object to providing certain
reproductive health care based on religion or personal
conscience may refuse to provide such services only under the
following conditions:
(1) the objecting health care professional provides
prior written notice to patients, or, where the objecting
professional is an employee, to his or her employer, of his
or her intention to refuse to provide such health care
services;
(2) the objecting health care professional or another

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health care professional within his or her practice or
place of employment provides the patient with timely,
accurate, and complete information about the patient's
care options in a balanced and professional manner;
(3) the objecting health care professional or another
health care professional within his or her practice or
place of employment assists the patient in obtaining such
care in a timely fashion; and
(4) where the objecting health care professional is an
employee, the employer can accommodate the employee's
objection without undue hardship.
(B) Violations of this Section shall be sanctioned under
State licensing statutes by the appropriate State agency.
Section 40. Construction. This Act and the rules now or
hereafter applicable thereto shall be liberally construed
consistent with the public policies announced in this Act.
Section 45. The Critical Health Problems and Comprehensive
Health Education Act is amended by changing Section 3 as
follows:
(105 ILCS 110/3) (from Ch. 122, par. 863)
Sec. 3. Comprehensive Health Education Program. The
program established under this Act shall include, but not be
limited to, the following major educational areas as a basis

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for curricula in all elementary and secondary schools in this
State: human ecology and health, human growth and development,
the emotional, psychological, physiological, hygienic and
social responsibilities of family life, including
comprehensive sexual health education that complies with
Section 30 of Reproductive Health and Access Act sexual
abstinence until marriage, prevention and control of disease,
including instruction in grades 6 through 12 on the prevention,
transmission and spread of AIDS, sexual assault awareness in
secondary schools, public and environmental health, consumer
health, safety education and disaster survival, mental health
and illness, personal health habits, alcohol, drug use, and
abuse including the medical and legal ramifications of alcohol,
drug, and tobacco use, abuse during pregnancy, sexual
abstinence until marriage, tobacco, nutrition, and dental
health. The program shall also provide course material and
instruction to advise pupils of the Abandoned Newborn Infant
Protection Act. Notwithstanding the above educational areas,
the following areas may also be included as a basis for
curricula in all elementary and secondary schools in this
State: basic first aid (including, but not limited to,
cardiopulmonary resuscitation and the Heimlich maneuver),
early prevention and detection of cancer, heart disease,
diabetes, stroke, and the prevention of child abuse, neglect,
and suicide.
The school board of each public elementary and secondary

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school in the State shall encourage all teachers and other
school personnel to acquire, develop, and maintain the
knowledge and skills necessary to properly administer
life-saving techniques, including without limitation the
Heimlich maneuver and rescue breathing. The training shall be
in accordance with standards of the American Red Cross, the
American Heart Association, or another nationally recognized
certifying organization. A school board may use the services of
non-governmental entities whose personnel have expertise in
life-saving techniques to instruct teachers and other school
personnel in these techniques. Each school board is encouraged
to have in its employ, or on its volunteer staff, at least one
person who is certified, by the American Red Cross or by
another qualified certifying agency, as qualified to
administer first aid and cardiopulmonary resuscitation. In
addition, each school board is authorized to allocate
appropriate portions of its institute or inservice days to
conduct training programs for teachers and other school
personnel who have expressed an interest in becoming qualified
to administer emergency first aid or cardiopulmonary
resuscitation. School boards are urged to encourage their
teachers and other school personnel who coach school athletic
programs and other extracurricular school activities to
acquire, develop, and maintain the knowledge and skills
necessary to properly administer first aid and cardiopulmonary
resuscitation in accordance with standards and requirements

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established by the American Red Cross or another qualified
certifying agency. Subject to appropriation, the State Board of
Education shall establish and administer a matching grant
program to pay for half of the cost that a school district
incurs in training those teachers and other school personnel
who express an interest in becoming qualified to administer
cardiopulmonary resuscitation (which training must be in
accordance with standards of the American Red Cross, the
American Heart Association, or another nationally recognized
certifying organization) or in learning how to use an automated
external defibrillator. A school district that applies for a
grant must demonstrate that it has funds to pay half of the
cost of the training for which matching grant money is sought.
The State Board of Education shall award the grants on a
first-come, first-serve basis.
No pupil shall be required to take or participate in any
class or course on AIDS or family life instruction if his
parent or guardian submits written objection thereto, and
refusal to take or participate in the course or program shall
not be reason for suspension or expulsion of the pupil.
Curricula developed under programs established in
accordance with this Act in the major educational area of
alcohol and drug use and abuse shall include classroom
instruction in grades 5 through 12. The instruction, which
shall include matters relating to both the physical and legal
effects and ramifications of drug and substance abuse, shall be

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integrated into existing curricula; and the State Board of
Education shall develop and make available to all elementary
and secondary schools in this State instructional materials and
guidelines which will assist the schools in incorporating the
instruction into their existing curricula. In addition, school
districts may offer, as part of existing curricula during the
school day or as part of an after school program, support
services and instruction for pupils or pupils whose parent,
parents, or guardians are chemically dependent.
(Source: P.A. 94-933, eff. 6-26-06; 95-43, eff. 1-1-08; 95-764,
eff. 1-1-09; revised 9-5-08.)
Section 97. Severability. If any portion of this Act or any
amendments thereto, or its applicability to any person or
circumstance is held invalid by a court, the remainder of this
Act or its applicability to other persons or circumstances
shall not be affected.
Section 99. Effective date. This Act takes effect upon
becoming law.