State of Illinois
2021 and 2022


Introduced 11/16/2022, by Rep. Margaret Croke - Daniel Didech


775 ILCS 55/1-10

    Amends the Reproductive Health Act. Provides that the definition of "reproductive health care" includes assisted reproductive technology. Defines "assisted reproductive technology" as clinical fertility treatments and laboratory procedures that involve the handling of human oocytes, sperm, or embryos for the purpose of establishing a pregnancy.

LRB102 29278 LNS 41237 b





HB5826LRB102 29278 LNS 41237 b

1    AN ACT concerning human rights.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Reproductive Health Act is amended by
5changing Section 1-10 as follows:
6    (775 ILCS 55/1-10)
7    Sec. 1-10. Definitions. As used in this Act:
8    "Abortion" means the use of any instrument, medicine,
9drug, or any other substance or device to terminate the
10pregnancy of an individual known to be pregnant with an
11intention other than to increase the probability of a live
12birth, to preserve the life or health of the child after live
13birth, or to remove a dead fetus.
14    "Advanced practice registered nurse" has the same meaning
15as it does in Section 50-10 of the Nurse Practice Act.
16    "Assisted reproductive technology" means clinical
17fertility treatments and laboratory procedures that involve
18the handling of human oocytes, sperm, or embryos for the
19purpose of establishing a pregnancy. "Assisted reproductive
20technology" includes, but is not limited to, in vitro
21fertilization, gamete intrafallopian transfer, zygote
22intrafallopian transfer, embryo biopsy, preimplantation
23genetic diagnosis, embryo cryopreservation, oocyte or embryo



HB5826- 2 -LRB102 29278 LNS 41237 b

1donation, and gestational surrogacy.
2    "Department" means the Illinois Department of Public
4    "Fetal viability" means that, in the professional judgment
5of the attending health care professional, based on the
6particular facts of the case, there is a significant
7likelihood of a fetus' sustained survival outside the uterus
8without the application of extraordinary medical measures.
9    "Health care professional" means a person who is licensed
10as a physician, advanced practice registered nurse, or
11physician assistant.
12    "Health of the patient" means all factors that are
13relevant to the patient's health and well-being, including,
14but not limited to, physical, emotional, psychological, and
15familial health and age.
16    "Maternity care" means the health care provided in
17relation to pregnancy, labor and childbirth, and the
18postpartum period, and includes prenatal care, care during
19labor and birthing, and postpartum care extending through
20one-year postpartum. Maternity care shall, seek to optimize
21positive outcomes for the patient, and be provided on the
22basis of the physical and psychosocial needs of the patient.
23Notwithstanding any of the above, all care shall be subject to
24the informed and voluntary consent of the patient, or the
25patient's legal proxy, when the patient is unable to give



HB5826- 3 -LRB102 29278 LNS 41237 b

1    "Physician" means any person licensed to practice medicine
2in all its branches under the Medical Practice Act of 1987.
3    "Physician assistant" has the same meaning as it does in
4Section 4 of the Physician Assistant Practice Act of 1987.
5    "Pregnancy" means the human reproductive process,
6beginning with the implantation of an embryo.
7    "Prevailing party" has the same meaning as in the Illinois
8Civil Rights Act of 2003.
9    "Reproductive health care" means health care offered,
10arranged, or furnished for the purpose of preventing
11pregnancy, terminating a pregnancy, managing pregnancy loss,
12or improving maternal health and birth outcomes. "Reproductive
13health care" includes, but is not limited to: contraception;
14sterilization; preconception care; assisted reproductive
15technology; maternity care; abortion care; and counseling
16regarding reproductive health care.
17    "State" includes any branch, department, agency,
18instrumentality, and official or other person acting under
19color of law of this State or a political subdivision of the
20State, including any unit of local government (including a
21home rule unit), school district, instrumentality, or public
23(Source: P.A. 101-13, eff. 6-12-19.)