Full Text of HB4085 97th General Assembly
HB4085eng 97TH GENERAL ASSEMBLY
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AN ACT concerning public health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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 which,
if left undiagnosed, can result in infertility or even
fatal blood loss.
(3) Furthermore, it is critical to the psychological
and physical well-being of a woman considering an abortion
that she receive complete and accurate information on the
reality and status of her pregnancy and of her unborn
(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.
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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 reality and status of
her pregnancy and of her unborn child and that every woman
submitting to an abortion do so only after giving her
voluntary and informed consent to the abortion procedure;
(3) protect the unborn child from a woman's uninformed
decision to have an abortion; and
(4) 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:
"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
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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
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
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performed or induced, and prior to the administration of any
anesthesia or medication in preparation for the abortion.
(b) The ultrasound shall be performed by a qualified person
or persons. The active 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
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
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The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.