Bill Text: IL HB5295 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Reproductive Health Act. Provides that except in the case of a medical emergency, a health care professional shall not knowingly perform, induce, or attempt to perform an abortion upon a pregnant woman when the probable gestational age of her unborn child has been determined to be at least 20 weeks. Makes conforming changes.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2020-02-18 - Referred to Rules Committee [HB5295 Detail]

Download: Illinois-2019-HB5295-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5295 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
775 ILCS 55/1-10
775 ILCS 55/1-25
Amends the Reproductive Health Act. Provides that except in the case of a medical emergency, a health care professional shall not knowingly perform, induce, or attempt to perform an abortion upon a pregnant woman when the probable gestational age of her unborn child has been determined to be at least 20 weeks. Makes conforming changes.
LRB101 18621 LNS 68076 b
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
changing Sections 1-10 and 1-25 and by adding Section 1-24 as
follows:
(775 ILCS 55/1-10)
Sec. 1-10. Definitions. As used in this Act:
"Abortion" means the use of any instrument, medicine, drug,
or any other substance or device to terminate the pregnancy of
an individual 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.
"Advanced practice registered nurse" has the same meaning
as it does in Section 50-10 of the Nurse Practice Act.
"Department" means the Illinois Department of Public
Health.
"Fetal viability" means that, in the professional judgment
of the attending health care professional, based on the
particular facts of the case, there is a significant likelihood
of a fetus' sustained survival outside the uterus without the
application of extraordinary medical measures.

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"Health care professional" means a person who is licensed
as a physician, advanced practice registered nurse, or
physician assistant.
"Health of the patient" means all factors that are relevant
to the patient's health and well-being, including, but not
limited to, physical, emotional, psychological, and familial
health and age.
"Major bodily function" includes, but is not limited to,
functions of the immune system, normal cell growth, and
digestive bowel, bladder, neurological, brain, respiratory,
circulatory, endocrine, and reproductive functions.
"Maternity care" means the health care provided in relation
to pregnancy, labor and childbirth, and the postpartum period,
and includes prenatal care, care during labor and birthing, and
postpartum care extending through one-year postpartum.
Maternity care shall, seek to optimize positive outcomes for
the patient, and be provided on the basis of the physical and
psychosocial needs of the patient. Notwithstanding any of the
above, all care shall be subject to the informed and voluntary
consent of the patient, or the patient's legal proxy, when the
patient is unable to give consent.
"Medical emergency" means a condition in which an abortion
is necessary to preserve the life of the pregnant woman whose
life is endangered by a physical disorder, physical illness, or
physical injury, including a life-endangering physical
condition caused by or arising from the pregnancy itself, or

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when continuation of the pregnancy will create a serious risk
of substantial and irreversible impairment of a major bodily
function of the pregnant woman.
"Physician" means any person licensed to practice medicine
in all its branches under the Medical Practice Act of 1987.
"Physician assistant" has the same meaning as it does in
Section 4 of the Physician Assistant Practice Act of 1987.
"Pregnancy" means the human reproductive process,
beginning with the implantation of an embryo.
"Prevailing party" has the same meaning as in the Illinois
Civil Rights Act of 2003.
"Reproductive health care" means health care offered,
arranged, or furnished for the purpose of preventing pregnancy,
terminating a pregnancy, managing pregnancy loss, or improving
maternal health and birth outcomes. Reproductive health care
includes, but is not limited to: contraception; sterilization;
preconception care; maternity care; abortion care; and
counseling regarding reproductive health care.
"State" includes any branch, department, agency,
instrumentality, and official or other person acting under
color of law of this State or a political subdivision of the
State, including any unit of local government (including a home
rule unit), school district, instrumentality, or public
subdivision.
(Source: P.A. 101-13, eff. 6-12-19.)

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(775 ILCS 55/1-25)
Sec. 1-25. Reporting of abortions performed by health care
professionals.
(a) Except in the case of a medical emergency, a health
care professional shall not knowingly perform, induce, or
attempt to perform an abortion upon a pregnant woman when the
probable gestational age of her unborn child has been
determined to be at least 20 weeks. Otherwise, a A health care
professional may provide abortion care in accordance with the
health care professional's professional judgment and training
and based on accepted standards of clinical practice consistent
with the scope of his or her practice under the Medical
Practice Act of 1987, the Nurse Practice Act, or the Physician
Assistant Practice Act of 1987. If the health care professional
determines that there is fetal viability, the health care
professional may provide abortion care only if, in the
professional judgment of the health care professional, the
abortion is necessary to protect the life or health of the
patient.
(b) A report of each abortion performed by a health care
professional shall be made to the Department on forms
prescribed by it. Such reports shall be transmitted to the
Department not later than 10 days following the end of the
month in which the abortion is performed.
(c) The abortion reporting forms prescribed by the
Department shall not request or require information that

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identifies a patient by name or any other identifying
information, and the Department shall secure anonymity of all
patients and health care professionals.
(d) All reports received by the Department pursuant to this
Section shall be treated as confidential and exempt from the
Freedom of Information Act. Access to such reports shall be
limited to authorized Department staff who shall use the
reports for statistical purposes only. Such reports must be
destroyed within 2 years after date of receipt.
(Source: P.A. 101-13, eff. 6-12-19.)