102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4375

 

Introduced 1/21/2022, by Rep. Paul Jacobs

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Ultrasound Opportunity Act. Provides that at any facility where abortions are performed, the physician who is to perform the abortion, the referring physician, or another qualified person working in conjunction with either physician shall offer any woman seeking an abortion after 8 weeks of gestation an opportunity to receive and view an active ultrasound of her unborn child by someone qualified to perform ultrasounds at the facility, or at a facility listed in a listing of local ultrasound providers provided by the facility, prior to the woman having any part of an abortion performed or induced and prior to the administration of any anesthesia or medication in preparation for the abortion. Provides that the requirements of the Act shall not apply when, in the medical judgment of the physician performing or inducing the abortion, there exists a medical emergency. Contains a severability provision. Effective immediately.


LRB102 21793 LNS 30913 b

 

 

A BILL FOR

 

HB4375LRB102 21793 LNS 30913 b

1    AN ACT concerning public health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Ultrasound Opportunity Act.
 
6    Section 5. Legislative findings and purpose.
7    (a) The General Assembly finds as follows:
8        (1) Ultrasound requirements serve an essential medical
9    purpose in confirming the presence, location, and
10    gestational age of a pregnancy.
11        (2) Ultrasound requirements also serve an essential
12    medical purpose in diagnosing ectopic pregnancies, which,
13    if left undiagnosed, can result in infertility or even
14    fatal blood loss.
15        (3) Furthermore, it is critical to the psychological
16    and physical well-being of a woman considering an abortion
17    that she receive complete and accurate information on the
18    reality and status of her pregnancy and of her unborn
19    child.
20        (4) The decision to abort "is an important, and often
21    a stressful one, and it is desirable and imperative that
22    it be made with full knowledge of its nature and
23    consequences". Planned Parenthood v. Danforth, 428 U.S.

 

 

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1    52, 67 (1976).
2    (b) Based on the findings in subsection (a), the purposes
3of this Act are to:
4        (1) protect the physical health and welfare of every
5    woman considering an abortion;
6        (2) ensure that every woman considering an abortion
7    receive complete information on the reality and status of
8    her pregnancy and of her unborn child and that every woman
9    submitting to an abortion do so only after giving her
10    voluntary and informed consent to the abortion procedure;
11        (3) protect the unborn child from a woman's uninformed
12    decision to have an abortion; and
13        (4) reduce "the risk that a woman may elect an
14    abortion, only to discover later, with devastating
15    psychological consequences, that her decision was not
16    fully informed". Planned Parenthood v. Casey, 505 U.S.
17    833, 882 (1992).
 
18    Section 10. Definitions. As used in this Act:
19    "Abortion" means the use of any instrument, medicine,
20drug, or any other substance or device to terminate the
21pregnancy of a woman known to be pregnant with an intention
22other than to increase the probability of a live birth, to
23preserve the life or health of the child after live birth, or
24to remove a dead fetus.
25    "Medical emergency" means a condition that, on the basis

 

 

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1of the physician's good faith clinical judgment, so
2complicates the medical condition of a pregnant woman as to
3necessitate the immediate abortion of her pregnancy to avert
4her death or for which a delay will create serious risk of
5substantial and irreversible impairment of major bodily
6function.
7    "Physician" means any person licensed to practice medicine
8in all its branches under the Medical Practice Act of 1987.
9    "Qualified person" means a person having documented
10evidence that he or she has completed a course in the operation
11of ultrasound equipment and is in compliance with any other
12requirements of law regarding the operation of ultrasound
13equipment.
 
14    Section 15. Offer of ultrasound required.
15    (a) At any facility where abortions are performed, the
16physician who is to perform the abortion, the referring
17physician, or another qualified person working in conjunction
18with either physician shall offer any woman seeking an
19abortion after 8 weeks of gestation an opportunity to receive
20and view an active ultrasound of her unborn child by someone
21qualified to perform ultrasounds at the facility, or at a
22facility listed in a listing of local ultrasound providers
23provided by the facility, prior to the woman having any part of
24an abortion performed or induced, and prior to the
25administration of any anesthesia or medication in preparation

 

 

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1for the abortion.
2    (b) The ultrasound shall be performed by a qualified
3person or persons. The active ultrasound image shall be of a
4quality consistent with standard medical practice. The woman's
5response to the offer shall be documented by the facility,
6including the date and time of the offer and the woman's
7signature attesting to her informed decision to accept or
8decline the offer.
 
9    Section 20. Medical emergency. This Act does not apply if,
10in the medical judgment of the physician performing or
11inducing the abortion based on the particular facts of the
12case before him or her, there exists a medical emergency.
 
13    Section 97. Severability. The provisions of this Act are
14severable under Section 1.31 of the Statute on Statutes.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.