Bill Text: IL HB5463 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: 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.

Sponsorship: Strong Partisan Bill (Republican 28-2)

Status: (Failed) 2014-12-03 - Session Sine Die [HB5463 Detail]

Download: Illinois-2013-HB5463-Introduced.html

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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.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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

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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

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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

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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,

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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

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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;

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(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

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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

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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:

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(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,

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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.

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(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.

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(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.

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(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.)
HB5463 - 25 - LRB098 19271 RLC 54423 b
INDEX
Statutes amended in order of appearance