HB5840 94TH GENERAL ASSEMBLY

LRB094 21666 WGH 60061 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5840

Introduced 10/02/06, by Rep. John A. Fritchey

SYNOPSIS AS INTRODUCED:

New Act
720 ILCS 515/Act rep.
720 ILCS 520/Act rep.
750 ILCS 70/Act rep.

Creates the Adolescent Health Care Safety Act. Provides that a person may not intentionally perform an abortion on a minor or on an incompetent person unless 48 hours' notice has been given to a specified adult family member or a member of the clergy. Provides for exceptions to the notice requirement, and provides a procedure for obtaining a judicial waiver of the notice requirement. Requires a minor's consent to an abortion, except in the case of a medical emergency. Provides that the provision of information and counseling by a physician or counselor for a pregnant minor for decision making regarding pregnancy shall be in accordance with specified requirements. Requires the Department of Public Health to make certain reports. Provides that a physician who intentionally fails to comply with the Act shall be referred to the Medical Disciplinary Board for any appropriate action. Provides that the unauthorized signing of a waiver of notice or the unlawful disclosure of confidential information is a Class C misdemeanor. Repeals the Parental Notice of Abortion Act of 1995 and re-repeals the Illinois Abortion Parental Consent Act of 1977 and the Parental Notice of Abortion Act of 1983.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning abortions.

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 Adolescent Health Care Safety Act.

Section 5. Legislative findings and purpose. The General Assembly finds that involvement of a responsible and caring adult family member or clergy as defined in this Act is in the best interest of an unemancipated minor who is making a health care decision about her pregnancy. The General Assembly's purpose in enacting this Act is to further the important State interest in the health of its citizens, including the best interest of an unemancipated minor. When circumstances preclude the involvement of an adult family member or clergy, it is the intent of this Act to create an alternative procedure that ensures that the minor's decisions be informed and in her best interest.

Section 10. Definitions. In this Act:

"Abortion" means the use of any instrument, medicine, or drug, or any other substance or device, to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth or to preserve the life or health of a child after live birth.

"Actual notice" means the giving of notice directly, in person or by telephone, and not by facsimile, voice mail, or answering machine message.

"Adult family member" means a person over 18 years of age who is:

(1) the parent of the minor;

(2) a step-parent married to and residing with the custodial parent of the minor;

(3) a legal guardian of the minor; or

(4) a grandparent, sibling, step-sibling, aunt, or uncle of the minor.

"Clergy" means a practitioner of any religious denomination ordained or otherwise accredited by the religious body to which he or she belongs.

"Constructive notice" means notice sent by certified mail to the last known address of the person entitled to notice, with delivery deemed to have occurred 48 hours after the notice is mailed.

"Counselor" means a person who is a psychiatrist as defined in Section 1-121 of the Mental Health and Developmental Disabilities Code, a clinical psychologist licensed under the Clinical Psychologist Licensing Act, a clinical social worker licensed under Clinical Social Work and Social Work Practice Act, an advanced practice nurse, registered professional nurse, or licensed practical nurse licensed under the Nursing and Advanced Practice Nursing Act, a physician assistant licensed under the Physician Assistant Practice Act of 1987, a professional counselor or clinical professional counselor licensed under the Professional Counselor and Clinical Professional Counselor Licensing Act, or an ordained member of the clergy.

"Medical emergency" means a condition that, on the basis of a physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk to her health.

"Minor" means any person under 18 years of age who is not or has not been married or who has not been emancipated under the Emancipation of Mature Minors Act.

"Neglect" means the failure of an adult family member to supply a child with necessary food, clothing, shelter, or medical care when reasonably able to do so or the failure to protect a child from conditions or actions that imminently and seriously endanger the child's physical or mental health when reasonably able to do so.

"Physical abuse" means any physical injury intentionally inflicted by an adult family member on a child.

"Physician" means a person licensed to practice medicine in all its branches under the Medical Practice Act of 1987.

"Sexual abuse" means any sexual conduct or sexual penetration as defined in Section 12-12 of the Criminal Code of 1961 that is prohibited by the criminal laws of the State of Illinois and committed against a minor by an adult family member as defined in this Act.

Section 15. Prohibitions. No person shall intentionally perform an abortion upon a minor unless the person or his or her agent has given at least 48 hours' actual notice to an adult family member of the pregnant minor or a member of the clergy of his or her intention to perform the abortion, unless that person or his or her agent has received a written statement by a referring physician certifying that the referring physician or his or her agent has given at least 48 hours' notice to an adult family member of the pregnant minor or incompetent person. If actual notice is not possible after a reasonable effort, the person or his or her agent must give 48 hours' constructive notice.

Section 20. Exceptions. Notice is not required under this Act if:

(1) at the time the abortion is performed, the minor is accompanied by a person entitled to notice under this Act;

(2) notice under this Act is waived in writing by a person who is entitled to that notice;

(3) the attending physician certifies in the patient's medical record that a medical emergency exists and there is insufficient time to provide the required notice;

(4) the minor declares to the physician or to a physician's agent in writing that she is a victim of sexual abuse, neglect, or physical abuse by an adult family member as defined in this Act, in which case (i) the attending physician must certify in the patient's medical record that he or she has received the declaration of abuse or neglect and (ii) any notification of public authorities of abuse that may be required under other laws of this State need not be made by the person performing the abortion until after the minor receives an abortion that otherwise complies with the requirements of this Act; or

(5) notice under this Act is waived under Section 25.

Section 25. Information and counseling for minors.

(a) The provision of information and counseling by any physician or counselor for any pregnant minor for decision making regarding pregnancy shall be in accordance with this Section.

(b) Any physician or counselor providing pregnancy information and counseling under this Section shall, in a manner that will be understood by the minor and that shall ensure that the minor, given all surrounding circumstances, is mentally and physically competent to give consent to the abortion procedure or that is in her best interest:

(1) explain that the information being given to the minor is being given objectively and is not intended to coerce, persuade, or induce the minor to choose either to have an abortion or to carry the pregnancy to term;

(2) discuss the possibility of involving the minor's parents, guardian, or other adult family members in the minor's decision making concerning the pregnancy and explore whether the minor believes that involvement would be in the minor's best interest;

(3) clearly and fully explore with the minor the alternative choices available for managing the pregnancy;

(4) explain that the minor may withdraw a decision to have an abortion at any time before the abortion is performed or may reconsider a decision not to have an abortion at any time within the time period during which an abortion may legally be performed; and

(5) provide adequate opportunity for the minor to ask any questions concerning the pregnancy, abortion, child care, and adoption, and provide the information the minor seeks or, if the person cannot provide the information, indicate where the minor can receive the information.

(c) After the person provides the information and counseling to a minor as required by this Section, that person shall have the minor sign and date a form stating that:

(1) the minor has received information on prenatal care and alternatives to abortion and that there are agencies that will provide assistance.

(2) the minor has discussed with the person providing the information and counseling the possibility of involving the minor's parents, guardian, or other adult family members in the minor's decision making about the pregnancy;

(3) the minor has received an explanation that the minor may withdraw an abortion decision or reconsider a decision to carry a pregnancy to term;

(4) the alternatives available for managing the pregnancy have been clearly and fully explored with the minor;

(5) the minor has received an explanation about agencies available to provide birth control information;

(6) the reasons for not involving the minor's parents, guardian, or other adult family members are put in writing on the form by the minor or the person providing the information and counseling; and

(7) the minor has been given an adequate opportunity to ask questions.

The person providing the information and counseling shall also sign and date the form and include the person's address and telephone number. The person shall keep a copy for that person's files and shall give the form to the minor or, if the minor requests and if the person providing the information is not the attending physician, transmit the form to the minor's attending physician.

Section 30. Minor's consent to abortion. A person may not perform an abortion on a minor without the minor's consent, except in a medical emergency.

Section 35. Reports. The Department of Public Health must comply with the reporting requirements set forth in the consent decree in Herbst v. O'Malley, case no. 84-C-5602 in the U.S. District Court for the Northern District of Illinois, Eastern Division.

Section 40. Penalties.

(a) A physician who intentionally fails to comply with this Act shall be referred to the Medical Disciplinary Board for any appropriate action.

(b) A person, not authorized under this Act, who signs any waiver of notice under this Act for a minor or incompetent person seeking an abortion is guilty of a Class C misdemeanor.

(c) A person who discloses confidential information in violation of Section 25 is guilty of a Class C misdemeanor.

Section 45. Immunity. A physician who, in good faith, provides notice in accordance with Section 15 or relies on an exception under Section 20 is not subject to any type of civil or criminal liability or discipline for unprofessional conduct for failure to give notice required under this Act.

(720 ILCS 515/Act rep.)

Section 95. The Illinois Abortion Parental Consent Act of 1977, which was repealed by Public Act 89-18, is again repealed.

(720 ILCS 520/Act rep.)

Section 96. The Parental Notice of Abortion Act of 1983, which was repealed by Public Act 89-18, is again repealed.

(750 ILCS 70/Act rep.)

Section 97. The Parental Notice of Abortion Act of 1995 is repealed.