HB5826 102ND GENERAL ASSEMBLY

LRB102 29278 LNS 41237 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5826

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

SYNOPSIS AS INTRODUCED:

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.

A BILL FOR

AN ACT concerning human rights.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Reproductive Health Act is amended by changing Section 1-10 as follows:

(775 ILCS 55/1-10)

Sec. 1-10. Definitions. As used in this Act:

"Abortion" means the use of any instrument, medicine, drug, or any other substance or device to terminate the pregnancy of an individual 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 fetus.

"Advanced practice registered nurse" has the same meaning as it does in Section 50-10 of the Nurse Practice Act.

"Assisted reproductive technology" means clinical fertility treatments and laboratory procedures that involve the handling of human oocytes, sperm, or embryos for the purpose of establishing a pregnancy. "Assisted reproductive technology" includes, but is not limited to, in vitro fertilization, gamete intrafallopian transfer, zygote intrafallopian transfer, embryo biopsy, preimplantation genetic diagnosis, embryo cryopreservation, oocyte or embryo donation, and gestational surrogacy.

"Department" means the Illinois Department of Public Health.

"Fetal viability" means that, in the professional judgment of the attending health care professional, based on the particular facts of the case, there is a significant likelihood of a fetus' sustained survival outside the uterus without the application of extraordinary medical measures.

"Health care professional" means a person who is licensed as a physician, advanced practice registered nurse, or physician assistant.

"Health of the patient" means all factors that are relevant to the patient's health and well-being, including, but not limited to, physical, emotional, psychological, and familial health and age.

"Maternity care" means the health care provided in relation to pregnancy, labor and childbirth, and the postpartum period, and includes prenatal care, care during labor and birthing, and postpartum care extending through one-year postpartum. Maternity care shall, seek to optimize positive outcomes for the patient, and be provided on the basis of the physical and psychosocial needs of the patient. Notwithstanding any of the above, all care shall be subject to the informed and voluntary consent of the patient, or the patient's legal proxy, when the patient is unable to give consent.

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

"Physician assistant" has the same meaning as it does in Section 4 of the Physician Assistant Practice Act of 1987.

"Pregnancy" means the human reproductive process, beginning with the implantation of an embryo.

"Prevailing party" has the same meaning as in the Illinois Civil Rights Act of 2003.

"Reproductive health care" means health care offered, arranged, or furnished for the purpose of preventing pregnancy, terminating a pregnancy, managing pregnancy loss, or improving maternal health and birth outcomes. "Reproductive health care" includes, but is not limited to: contraception; sterilization; preconception care; assisted reproductive technology; maternity care; abortion care; and counseling regarding reproductive health care.

"State" includes any branch, department, agency, instrumentality, and official or other person acting under color of law of this State or a political subdivision of the State, including any unit of local government (including a home rule unit), school district, instrumentality, or public subdivision.

(Source: P.A. 101-13, eff. 6-12-19.)