Rep. Naomi D. Jakobsson
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AMENDMENT TO HOUSE BILL 4085
AMENDMENT NO. ______. Amend House Bill 4085 by replacing
everything after the enacting clause with the following:
This Act may be cited as the
Ultrasound Opportunity Act.
Legislative findings and purpose.
(a) The General Assembly finds as follows:
(1) Ultrasound requirements serve an essential medical
purpose in confirming the presence, location, and
gestational age of a pregnancy.
(2) Ultrasound requirements also serve an essential
medical purpose in diagnosing ectopic pregnancies that, if
left undiagnosed, can result in infertility or even fatal
(3) Furthermore, it is critical to the psychological
and physical well-being of a woman considering an abortion
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that she receive complete and accurate information on the
status of her pregnancy.
(4) The decision to abort "is an important, and often a
stressful one, and it is desirable and imperative that it
be made with full knowledge of its nature and
consequences". Planned Parenthood v. Danforth, 428 U.S.
52, 67 (1976).
(b) Based on the findings in subsection (a) of this
Section, the purposes of this Act are to:
(1) protect the physical health and welfare of every
woman considering an abortion;
(2) ensure that every woman considering an abortion
receive complete information on the status of her pregnancy
and that every woman submitting to an abortion do so only
after giving her voluntary and informed consent to the
(3) reduce "the risk that a woman may elect an
abortion, only to discover later, with devastating
psychological consequences, that her decision was not
fully informed". Planned Parenthood v. Casey, 505 U.S. 833,
Unless the language or context
clearly indicates a different meaning is intended, the
following words or phrases for the purpose of this Act shall be
given the meaning ascribed to them:
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"Abortion" means the use of any instrument, medicine, 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, to preserve the life
or health of the child after live birth, or to remove a dead
"Medical emergency" means a condition that, 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 abortion of her pregnancy to avert her death or for
which a delay will create serious risk of substantial and
irreversible impairment of major bodily function.
"Physician" means any person licensed to practice medicine
in all its branches under the Medical Practice Act of 1987.
"Qualified person" means a person having documented
evidence that he or she has completed a course in the operation
of ultrasound equipment and is in compliance with any other
requirements of law regarding the operation of ultrasound
Offer of ultrasound required.
(a) 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 7 weeks of gestation an opportunity to receive and view
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an 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.
(b) Any ultrasound performed on a pregnant woman
administered for the purpose of viewing a fetus must be
performed by a qualified person. Any ultrasound on a pregnant
woman administered for the purpose of viewing a fetus must be
performed under an order or referral. A person shall not issue
an order or referral for the administration of an ultrasound
upon a pregnant woman unless he or she is (i) licensed to
practice medicine in all of its branches as provided under the
Medical Practice Act of 1987, (ii) licensed to practice as an
advanced practice nurse as provided under the Nurse Practice
Act, or (iii) licensed to practice as a certified nurse midwife
as provided under the Nurse Practice Act. The ultrasound image
must be of a quality consistent with standard medical practice.
The woman's response to the offer must be documented by the
facility, including the date and time of the offer and the
woman's signature attesting to her informed decision to accept
or decline the offer.
The Department of Public Health shall
prepare and make available a reporting form, to be submitted by
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each abortion facility to the Department annually. The form
shall provide for the collection of the following information:
(1) The number of women who chose to view an ultrasound
of their unborn children pursuant to this Act and the
number who did not; and of each of those numbers, the
number who, to the best of the reporting facility's
information and belief, went on to obtain the abortion.
(2) The name of the facility.
(3) The date of the report.
The requirements under this
Act shall not apply when, in the medical judgment of the
physician performing or inducing the abortion based on the
particular facts of the case before him or her, there exists a
The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.".