Illinois General Assembly - Bill Status for HB0317

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. 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.

Deletes references to incompetent persons. Deletes references to neglect. Provides that an abortion does not include removing a dead fetus. Changes the legislative findings and purposes Section to delete references to an unemancipated minor's best interests. Deletes from the form that a minor must sign after the physician or counselor counsels the minor about her pregnancy decision, the reasons for not involving the minor's parents, guardian, or other adult family members. Provides that when the minor declares to the physician or the physician's agent in writing that she is a victim of sexual or physical abuse by an adult family member which would exempt the minor from the notice requirements, the Department of Children and Family Services shall, pursuant to the Abused and Neglected Child Reporting Act, prohibit the release of any information or data that would identify or locate the person who made the report of abuse, or that in any way would reveal the minor's abortion choice. Provides that a physician or counselor who in good faith provides information and counseling to a minor about her pregnancy decision is not subject to any type of civil or criminal liability or discipline for unprofessional conduct for any of his or her actions in connection with providing such counseling and information. Provides that no provision of the Adolescent Health Care Safety Act impairs a physician, counselor, or other healthcare professional's rights under the Health Care Right of Conscience Act and the Abortion Performance Refusal Act.

Provides that a physician or counselor who in good faith provides information and counseling to a minor regarding her pregnancy decision is criminally or civilly liable or subject to discipline for unprofessional conduct for any of his or her actions in connection with providing such counseling and information in cases of willful or wanton misconduct.

Replaces everything after the enacting clause. Amends the Parental Notice of Abortion Act of 1995. Eliminates provisions applying the Act to incompetent persons. Provides that notice of an abortion may be given by the physician or the physician's agent to an adult family member of the pregnant minor. Provides that notice is not required if the minor participates in an information and counseling session conducted by a physician, advanced practice nurse, clinical psychologist, or clinical social worker relating to the minor's pregnancy decision. Provides that the physician, advanced practice nurse, clinical psychologist, or clinical social worker providing information and counseling shall have no current actual financial relationship with the healthcare provider who will perform the minor's abortion, and such information and counseling shall not be provided in the facility in which the minor's abortion shall be performed. Establishes requirements regarding information and counseling. Makes changes in provisions concerning judicial waiver of notice. Provides that except for willful or wanton conduct, a physician or counselor who in good faith provides information and counseling to a minor is not subject to any type of civil or criminal liability or discipline for unprofessional conduct for any of his or her actions in connection with providing the counseling and information. Provides that a person who discloses confidential information obtained in the context of counseling is guilty of a Class C misdemeanor. Changes standards regarding violations by physicians (and makes corresponding changes in the Medical Practice Act of 1987). Repeals severability and inseverability provisions. Provides that no provision of the Parental Notice of Abortion Act of 1995 impairs a physician, counselor, or other healthcare professional's rights under the Health Care Right of Conscience Act and the Abortion Performance Refusal Act. Makes other changes.

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