Illinois General Assembly - Full Text of HB4085
Illinois General Assembly

Previous General Assemblies

Full Text of HB4085  97th General Assembly


Rep. Naomi D. Jakobsson

Filed: 2/22/2012





09700HB4085ham005LRB097 15077 RPM 66347 a


2    AMENDMENT NO. ______. Amend House Bill 4085 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Ultrasound Opportunity Act.
6    Section 5. Legislative findings and purpose.
7    (a) The General Assembly finds as follows:
8        (1) Ultrasound requirements serve an essential medical
9    purpose in confirming the presence, location, and
10    gestational age of a pregnancy.
11        (2) Ultrasound requirements also serve an essential
12    medical purpose in diagnosing ectopic pregnancies that, if
13    left undiagnosed, can result in infertility or even fatal
14    blood loss.
15        (3) Furthermore, it is critical to the psychological
16    and physical well-being of a woman considering an abortion



09700HB4085ham005- 2 -LRB097 15077 RPM 66347 a

1    that she receive complete and accurate information on the
2    status of her pregnancy.
3        (4) The decision to abort "is an important, and often a
4    stressful one, and it is desirable and imperative that it
5    be made with full knowledge of its nature and
6    consequences". Planned Parenthood v. Danforth, 428 U.S.
7    52, 67 (1976).
8    (b) Based on the findings in subsection (a) of this
9Section, the purposes of this Act are to:
10        (1) protect the physical health and welfare of every
11    woman considering an abortion;
12        (2) ensure that every woman considering an abortion
13    receive complete information on the status of her pregnancy
14    and that every woman submitting to an abortion do so only
15    after giving her voluntary and informed consent to the
16    abortion procedure;
17        (3) reduce "the risk that a woman may elect an
18    abortion, only to discover later, with devastating
19    psychological consequences, that her decision was not
20    fully informed". Planned Parenthood v. Casey, 505 U.S. 833,
21    882 (1992).
22    Section 10. Definitions. Unless the language or context
23clearly indicates a different meaning is intended, the
24following words or phrases for the purpose of this Act shall be
25given the meaning ascribed to them:



09700HB4085ham005- 3 -LRB097 15077 RPM 66347 a

1    "Abortion" means the use of any instrument, medicine, drug,
2or any other substance or device to terminate the pregnancy of
3a woman known to be pregnant with an intention other than to
4increase the probability of a live birth, to preserve the life
5or health of the child after live birth, or to remove a dead
7    "Medical emergency" means a condition that, on the basis of
8the physician's good faith clinical judgment, so complicates
9the medical condition of a pregnant woman as to necessitate the
10immediate abortion of her pregnancy to avert her death or for
11which a delay will create serious risk of substantial and
12irreversible impairment of major bodily function.
13    "Physician" means any person licensed to practice medicine
14in all its branches under the Medical Practice Act of 1987.
15    "Qualified person" means a person having documented
16evidence that he or she has completed a course in the operation
17of ultrasound equipment and is in compliance with any other
18requirements of law regarding the operation of ultrasound
20    Section 15. Offer of ultrasound required.
21    (a) At any facility where abortions are performed the
22physician who is to perform the abortion, the referring
23physician, or another qualified person working in conjunction
24with either physician shall offer any woman seeking an abortion
25after 7 weeks of gestation an opportunity to receive and view



09700HB4085ham005- 4 -LRB097 15077 RPM 66347 a

1an ultrasound of her unborn child by someone qualified to
2perform ultrasounds at the facility, or at a facility listed in
3a listing of local ultrasound providers provided by the
4facility, prior to the woman having any part of an abortion
5performed or induced, and prior to the administration of any
6anesthesia or medication in preparation for the abortion.
7    (b) Any ultrasound performed on a pregnant woman
8administered for the purpose of viewing a fetus must be
9performed by a qualified person. Any ultrasound on a pregnant
10woman administered for the purpose of viewing a fetus must be
11performed under an order or referral. A person shall not issue
12an order or referral for the administration of an ultrasound
13upon a pregnant woman unless he or she is (i) licensed to
14practice medicine in all of its branches as provided under the
15Medical Practice Act of 1987, (ii) licensed to practice as an
16advanced practice nurse as provided under the Nurse Practice
17Act, or (iii) licensed to practice as a certified nurse midwife
18as provided under the Nurse Practice Act. The ultrasound image
19must be of a quality consistent with standard medical practice.
20The woman's response to the offer must be documented by the
21facility, including the date and time of the offer and the
22woman's signature attesting to her informed decision to accept
23or decline the offer.
24    Section 20. Reports. The Department of Public Health shall
25prepare and make available a reporting form, to be submitted by



09700HB4085ham005- 5 -LRB097 15077 RPM 66347 a

1each abortion facility to the Department annually. The form
2shall provide for the collection of the following information:
3        (1) The number of women who chose to view an ultrasound
4    of their unborn children pursuant to this Act and the
5    number who did not; and of each of those numbers, the
6    number who, to the best of the reporting facility's
7    information and belief, went on to obtain the abortion.
8        (2) The name of the facility.
9        (3) The date of the report.
10    Section 25. Medical emergency. The requirements under this
11Act shall not apply when, in the medical judgment of the
12physician performing or inducing the abortion based on the
13particular facts of the case before him or her, there exists a
14medical emergency.
15    Section 97. Severability. The provisions of this Act are
16severable under Section 1.31 of the Statute on Statutes.".