Bill Text: IL HB0282 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Illinois Abortion Law of 1975. Provides that a person may not perform an abortion of a fetus solely because of the fetus's race, color, national origin, ancestry, sex, or diagnosis or potential diagnosis of the fetus having Down syndrome or any other disability. Provides that at least 18 hours before an abortion is performed on a pregnant woman whose fetus is diagnosed with a lethal fetal anomaly, the physician who will perform the abortion shall: (1) orally and in person, inform the pregnant woman of the availability of perinatal hospice services; and (2) provide the pregnant woman copies of the perinatal hospice brochure developed by the Department of Public Health and the list of perinatal hospice providers and programs by printing the perinatal hospice brochure and list of perinatal hospice providers from the Department's Internet web site. Provides that the Department shall adopt rules within 90 days after the effective date of the bill to implement these provisions. Provides that the report of abortions submitted to the Department shall include the gender of the fetus, if detectable; and whether the fetus has been diagnosed with or has a potential diagnosis of having Down syndrome or any other disability. Provides that a person who knowingly or intentionally performs an abortion in violation of these provisions may be subject to: (1) disciplinary sanctions under the Medical Practice Act of 1987; and (2) civil liability for wrongful death. Amends the Medical Practice Act of 1987 to make conforming changes. Amends the Illinois Human Rights Act. Provides that it is unlawful discrimination under the Act to perform an abortion solely because of the race, color, sex, disability, national origin, or ancestry of the fetus. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB0282 Detail]

Download: Illinois-2017-HB0282-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB0282 Introduced , by Rep. Barbara Wheeler SYNOPSIS AS INTRODUCED:
225 ILCS 60/22 from Ch. 111, par. 4400-22
720 ILCS 510/3.2 new
720 ILCS 510/3.3 new
720 ILCS 510/3.4 new
720 ILCS 510/10 from Ch. 38, par. 81-30
720 ILCS 510/11 from Ch. 38, par. 81-31
775 ILCS 5/1-103 from Ch. 68, par. 1-103
Amends the Illinois Abortion Law of 1975. Provides that a person may not perform an abortion of a fetus solely because of the fetus's race, color, national origin, ancestry, sex, or diagnosis or potential diagnosis of the fetus having Down syndrome or any other disability. Provides that at least 18 hours before an abortion is performed on a pregnant woman whose fetus is diagnosed with a lethal fetal anomaly, the physician who will perform the abortion shall: (1) orally and in person, inform the pregnant woman of the availability of perinatal hospice services; and (2) provide the pregnant woman copies of the perinatal hospice brochure developed by the Department of Public Health and the list of perinatal hospice providers and programs by printing the perinatal hospice brochure and list of perinatal hospice providers from the Department's Internet web site. Provides that the Department shall adopt rules within 90 days after the effective date of the bill to implement these provisions. Provides that the report of abortions submitted to the Department shall include the gender of the fetus, if detectable; and whether the fetus has been diagnosed with or has a potential diagnosis of having Down syndrome or any other disability. Provides that a person who knowingly or intentionally performs an abortion in violation of these provisions may be subject to: (1) disciplinary sanctions under the Medical Practice Act of 1987; and (2) civil liability for wrongful death. Amends the Medical Practice Act of 1987 to make conforming changes. Amends the Illinois Human Rights Act. Provides that it is unlawful discrimination under the Act to perform an abortion solely because of the race, color, sex, disability, national origin, or ancestry of the fetus. Effective immediately.
LRB100 05388 RLC 15399 b
A BILL FOR
HB0282 LRB100 05388 RLC 15399 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Medical Practice Act of 1987 is amended by
changing Section 22 as follows:
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
(Section scheduled to be repealed on December 31, 2017)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on probation,
reprimand, refuse to issue or renew, or take any other
disciplinary or non-disciplinary action as the Department may
deem proper with regard to the license or permit of any person
issued under this Act, including imposing fines not to exceed
$10,000 for each violation, upon any of the following grounds:
(1) Performance of an elective abortion in any place,
locale, facility, or institution other than:
(a) a facility licensed pursuant to the Ambulatory
Surgical Treatment Center Act;
(b) an institution licensed under the Hospital
Licensing Act;
(c) an ambulatory surgical treatment center or
hospitalization or care facility maintained by the
State or any agency thereof, where such department or

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agency has authority under law to establish and enforce
standards for the ambulatory surgical treatment
centers, hospitalization, or care facilities under its
management and control;
(d) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by the
Federal Government; or
(e) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by any
university or college established under the laws of
this State and supported principally by public funds
raised by taxation.
(2) Performance of an abortion procedure in a wilful
and wanton manner on a woman who was not pregnant at the
time the abortion procedure was performed.
(2.5) Performance of an abortion procedure without
complying with Sections 3.2, 3.3, and 3.4 of the Illinois
Abortion Law of 1975.
(3) A plea of guilty or nolo contendere, finding of
guilt, jury verdict, or entry of judgment or sentencing,
including, but not limited to, convictions, preceding
sentences of supervision, conditional discharge, or first
offender probation, under the laws of any jurisdiction of
the United States of any crime that is a felony.
(4) Gross negligence in practice under this Act.
(5) Engaging in dishonorable, unethical or

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unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(6) Obtaining any fee by fraud, deceit, or
misrepresentation.
(7) Habitual or excessive use or abuse of drugs defined
in law as controlled substances, of alcohol, or of any
other substances which results in the inability to practice
with reasonable judgment, skill or safety.
(8) Practicing under a false or, except as provided by
law, an assumed name.
(9) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(10) Making a false or misleading statement regarding
their skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by them at their direction
in the treatment of any disease or other condition of the
body or mind.
(11) Allowing another person or organization to use
their license, procured under this Act, to practice.
(12) Adverse action taken by another state or
jurisdiction against a license or other authorization to
practice as a medical doctor, doctor of osteopathy, doctor
of osteopathic medicine or doctor of chiropractic, a
certified copy of the record of the action taken by the
other state or jurisdiction being prima facie evidence

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thereof. This includes any adverse action taken by a State
or federal agency that prohibits a medical doctor, doctor
of osteopathy, doctor of osteopathic medicine, or doctor of
chiropractic from providing services to the agency's
participants.
(13) Violation of any provision of this Act or of the
Medical Practice Act prior to the repeal of that Act, or
violation of the rules, or a final administrative action of
the Secretary, after consideration of the recommendation
of the Disciplinary Board.
(14) Violation of the prohibition against fee
splitting in Section 22.2 of this Act.
(15) A finding by the Disciplinary Board that the
registrant after having his or her license placed on
probationary status or subjected to conditions or
restrictions violated the terms of the probation or failed
to comply with such terms or conditions.
(16) Abandonment of a patient.
(17) Prescribing, selling, administering,
distributing, giving or self-administering any drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(18) Promotion of the sale of drugs, devices,
appliances or goods provided for a patient in such manner
as to exploit the patient for financial gain of the

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physician.
(19) Offering, undertaking or agreeing to cure or treat
disease by a secret method, procedure, treatment or
medicine, or the treating, operating or prescribing for any
human condition by a method, means or procedure which the
licensee refuses to divulge upon demand of the Department.
(20) Immoral conduct in the commission of any act
including, but not limited to, commission of an act of
sexual misconduct related to the licensee's practice.
(21) Wilfully making or filing false records or reports
in his or her practice as a physician, including, but not
limited to, false records to support claims against the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(22) Wilful omission to file or record, or wilfully
impeding the filing or recording, or inducing another
person to omit to file or record, medical reports as
required by law, or wilfully failing to report an instance
of suspected abuse or neglect as required by law.
(23) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected

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Child Reporting Act.
(24) Solicitation of professional patronage by any
corporation, agents or persons, or profiting from those
representing themselves to be agents of the licensee.
(25) Gross and wilful and continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not rendered,
including, but not limited to, filing such false statements
for collection of monies for services not rendered from the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(26) A pattern of practice or other behavior which
demonstrates incapacity or incompetence to practice under
this Act.
(27) Mental illness or disability which results in the
inability to practice under this Act with reasonable
judgment, skill or safety.
(28) Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skill which results in a physician's inability to practice
under this Act with reasonable judgment, skill or safety.
(29) Cheating on or attempt to subvert the licensing
examinations administered under this Act.
(30) Wilfully or negligently violating the
confidentiality between physician and patient except as

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required by law.
(31) The use of any false, fraudulent, or deceptive
statement in any document connected with practice under
this Act.
(32) Aiding and abetting an individual not licensed
under this Act in the practice of a profession licensed
under this Act.
(33) Violating state or federal laws or regulations
relating to controlled substances, legend drugs, or
ephedra as defined in the Ephedra Prohibition Act.
(34) Failure to report to the Department any adverse
final action taken against them by another licensing
jurisdiction (any other state or any territory of the
United States or any foreign state or country), by any peer
review body, by any health care institution, by any
professional society or association related to practice
under this Act, by any governmental agency, by any law
enforcement agency, or by any court for acts or conduct
similar to acts or conduct which would constitute grounds
for action as defined in this Section.
(35) Failure to report to the Department surrender of a
license or authorization to practice as a medical doctor, a
doctor of osteopathy, a doctor of osteopathic medicine, or
doctor of chiropractic in another state or jurisdiction, or
surrender of membership on any medical staff or in any
medical or professional association or society, while

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under disciplinary investigation by any of those
authorities or bodies, for acts or conduct similar to acts
or conduct which would constitute grounds for action as
defined in this Section.
(36) Failure to report to the Department any adverse
judgment, settlement, or award arising from a liability
claim related to acts or conduct similar to acts or conduct
which would constitute grounds for action as defined in
this Section.
(37) Failure to provide copies of medical records as
required by law.
(38) Failure to furnish the Department, its
investigators or representatives, relevant information,
legally requested by the Department after consultation
with the Chief Medical Coordinator or the Deputy Medical
Coordinator.
(39) Violating the Health Care Worker Self-Referral
Act.
(40) Willful failure to provide notice when notice is
required under the Parental Notice of Abortion Act of 1995.
(41) Failure to establish and maintain records of
patient care and treatment as required by this law.
(42) Entering into an excessive number of written
collaborative agreements with licensed advanced practice
nurses resulting in an inability to adequately
collaborate.

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(43) Repeated failure to adequately collaborate with a
licensed advanced practice nurse.
(44) Violating the Compassionate Use of Medical
Cannabis Pilot Program Act.
(45) Entering into an excessive number of written
collaborative agreements with licensed prescribing
psychologists resulting in an inability to adequately
collaborate.
(46) Repeated failure to adequately collaborate with a
licensed prescribing psychologist.
Except for actions involving the ground numbered (26), all
proceedings to suspend, revoke, place on probationary status,
or take any other disciplinary action as the Department may
deem proper, with regard to a license on any of the foregoing
grounds, must be commenced within 5 years next after receipt by
the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described
herein. Except for the grounds numbered (8), (9), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents
alleged to be part of the pattern of practice or other behavior
that occurred, or a report pursuant to Section 23 of this Act
received, within the 10-year period preceding the filing of the
complaint. In the event of the settlement of any claim or cause

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of action in favor of the claimant or the reduction to final
judgment of any civil action in favor of the plaintiff, such
claim, cause of action or civil action being grounded on the
allegation that a person licensed under this Act was negligent
in providing care, the Department shall have an additional
period of 2 years from the date of notification to the
Department under Section 23 of this Act of such settlement or
final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement of
disciplinary action by the Department.
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Departmental order based upon
a finding by the Disciplinary Board that they have been
determined to be recovered from mental illness by the court and
upon the Disciplinary Board's recommendation that they be
permitted to resume their practice.
The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, or to pay the tax, penalty or interest shown in a filed
return, or to pay any final assessment of tax, penalty or

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interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied as determined by
the Illinois Department of Revenue.
The Department, upon the recommendation of the
Disciplinary Board, shall adopt rules which set forth standards
to be used in determining:
(a) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(b) what constitutes dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(c) what constitutes immoral conduct in the commission
of any act, including, but not limited to, commission of an
act of sexual misconduct related to the licensee's
practice; and
(d) what constitutes gross negligence in the practice
of medicine.
However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Disciplinary Board or the
Licensing Board, upon a showing of a possible violation, may
compel, in the case of the Disciplinary Board, any individual
who is licensed to practice under this Act or holds a permit to
practice under this Act, or, in the case of the Licensing

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Board, any individual who has applied for licensure or a permit
pursuant to this Act, to submit to a mental or physical
examination and evaluation, or both, which may include a
substance abuse or sexual offender evaluation, as required by
the Licensing Board or Disciplinary Board and at the expense of
the Department. The Disciplinary Board or Licensing Board shall
specifically designate the examining physician licensed to
practice medicine in all of its branches or, if applicable, the
multidisciplinary team involved in providing the mental or
physical examination and evaluation, or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed chiropractic
physicians, licensed clinical psychologists, licensed clinical
social workers, licensed clinical professional counselors, and
other professional and administrative staff. Any examining
physician or member of the multidisciplinary team may require
any person ordered to submit to an examination and evaluation
pursuant to this Section to submit to any additional
supplemental testing deemed necessary to complete any
examination or evaluation process, including, but not limited
to, blood testing, urinalysis, psychological testing, or
neuropsychological testing. The Disciplinary Board, the
Licensing Board, or the Department may order the examining
physician or any member of the multidisciplinary team to

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provide to the Department, the Disciplinary Board, or the
Licensing Board any and all records, including business
records, that relate to the examination and evaluation,
including any supplemental testing performed. The Disciplinary
Board, the Licensing Board, or the Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning this examination and
evaluation of the licensee, permit holder, or applicant,
including testimony concerning any supplemental testing or
documents relating to the examination and evaluation. No
information, report, record, or other documents in any way
related to the examination and evaluation shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee, permit holder, or
applicant and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee, permit holder, or applicant ordered to undergo an
evaluation and examination for the examining physician or any
member of the multidisciplinary team to provide information,
reports, records, or other documents or to provide any
testimony regarding the examination and evaluation. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination. Failure of any individual to submit
to mental or physical examination and evaluation, or both, when
directed, shall result in an automatic suspension, without

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hearing, until such time as the individual submits to the
examination. If the Disciplinary Board or Licensing Board finds
a physician unable to practice following an examination and
evaluation because of the reasons set forth in this Section,
the Disciplinary Board or Licensing Board shall require such
physician to submit to care, counseling, or treatment by
physicians, or other health care professionals, approved or
designated by the Disciplinary Board, as a condition for
issued, continued, reinstated, or renewed licensure to
practice. Any physician, whose license was granted pursuant to
Sections 9, 17, or 19 of this Act, or, continued, reinstated,
renewed, disciplined or supervised, subject to such terms,
conditions or restrictions who shall fail to comply with such
terms, conditions or restrictions, or to complete a required
program of care, counseling, or treatment, as determined by the
Chief Medical Coordinator or Deputy Medical Coordinators,
shall be referred to the Secretary for a determination as to
whether the licensee shall have their license suspended
immediately, pending a hearing by the Disciplinary Board. In
instances in which the Secretary immediately suspends a license
under this Section, a hearing upon such person's license must
be convened by the Disciplinary Board within 15 days after such
suspension and completed without appreciable delay. The
Disciplinary Board shall have the authority to review the
subject physician's record of treatment and counseling
regarding the impairment, to the extent permitted by applicable

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federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Disciplinary Board that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their license.
The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $10,000 for each
violation of this Act. Fines may be imposed in conjunction with
other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out of
conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited in the Medical
Disciplinary Fund.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
(B) The Department shall revoke the license or permit
issued under this Act to practice medicine or a chiropractic
physician who has been convicted a second time of committing
any felony under the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection Act, or who
has been convicted a second time of committing a Class 1 felony
under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A

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person whose license or permit is revoked under this subsection
B shall be prohibited from practicing medicine or treating
human ailments without the use of drugs and without operative
surgery.
(C) The Department shall not revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against the
license or permit issued under this Act to practice medicine to
a physician based solely upon the recommendation of the
physician to an eligible patient regarding, or prescription
for, or treatment with, an investigational drug, biological
product, or device.
(D) The Disciplinary Board shall recommend to the
Department civil penalties and any other appropriate
discipline in disciplinary cases when the Board finds that a
physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been
performed is a minor or an incompetent person without notice as
required under the Parental Notice of Abortion Act of 1995.
Upon the Board's recommendation, the Department shall impose,
for the first violation, a civil penalty of $1,000 and for a
second or subsequent violation, a civil penalty of $5,000.
(Source: P.A. 98-601, eff. 12-30-13; 98-668, eff. 6-25-14;
98-1140, eff. 12-30-14; 99-270, eff. 1-1-16.)
Section 10. The Illinois Abortion Law of 1975 is amended by

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changing Sections 10 and 11 and by adding Sections 3.2, 3.3,
and 3.4 as follows:
(720 ILCS 510/3.2 new)
Sec. 3.2. Sex selective and disability abortion ban.
(a) As used in this Section:
"Any other disability" means any disease, defect, or
disorder that is genetically inherited. The term includes
the following:
(1) a physical disability;
(2) a mental or intellectual disability;
(3) a physical disfigurement;
(4) scoliosis;
(5) dwarfism;
(6) Down syndrome;
(7) albinism;
(8) amelia; or
(9) a physical or mental disease.
The term does not include a lethal fetal anomaly.
"Down syndrome" means a chromosomal disorder
associated with an extra chromosome 21 or an effective
trisomy for chromosome 21.
"Potential diagnosis" refers to the presence of some
risk factors that indicate that a health problem may occur.
"Sex selective abortion" means an abortion that is
performed solely because of the sex of the fetus.

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(b) A person may not intentionally perform or attempt to
perform an abortion before the earlier of viability of the
fetus or 20 weeks of postfertilization age if the person knows
that the pregnant woman is seeking a sex selective abortion.
(c) A person may not intentionally perform or attempt to
perform an abortion after viability of the fetus or 20 weeks of
postfertilization age if the person knows that the pregnant
woman is seeking a sex selective abortion.
(d) A person may not intentionally perform or attempt to
perform an abortion before the earlier of viability of the
fetus or 20 weeks of postfertilization age if the person knows
that the pregnant woman is seeking the abortion solely because
the fetus has been diagnosed with Down syndrome or has a
potential diagnosis of Down syndrome.
(e) A person may not intentionally perform or attempt to
perform an abortion after viability of the fetus or 20 weeks of
postfertilization age if the person knows that the pregnant
woman is seeking the abortion solely because the fetus has been
diagnosed with Down syndrome or has a potential diagnosis of
Down syndrome.
(f) A person may not intentionally perform or attempt to
perform an abortion before the earlier of viability of the
fetus or 20 weeks of postfertilization age if the person knows
that the pregnant woman is seeking the abortion solely because
the fetus has been diagnosed with any other disability or has a
potential diagnosis of any other disability.

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(g) A person may not intentionally perform or attempt to
perform an abortion after viability of the fetus or 20 weeks of
postfertilization age if the person knows that the pregnant
woman is seeking the abortion solely because the fetus has been
diagnosed with any other disability or has a potential
diagnosis of any other disability.
(h) A person may not intentionally perform or attempt to
perform an abortion before the earlier of viability of the
fetus or 20 weeks of postfertilization age if the person knows
that the pregnant woman is seeking the abortion solely because
of the race, color, national origin, or ancestry of the fetus.
(i) A person may not intentionally perform or attempt to
perform an abortion after viability of the fetus or 20 weeks of
postfertilization age if the person knows that the pregnant
woman is seeking the abortion solely because of the race,
color, national origin, or ancestry of the fetus.
(j) A person who knowingly or intentionally performs an
abortion in violation of this Section may be subject to:
(1) disciplinary sanctions under Section 22 of the
Medical Practice Act of 1987; and
(2) civil liability for wrongful death.
(k) A pregnant woman upon whom an abortion is performed in
violation of this Section may not be prosecuted for violating
or conspiring to violate this Section.
(720 ILCS 510/3.3 new)

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Sec. 3.3. Perinatal hospice.
(a) The purpose of this Section is to ensure that:
(1) women considering abortion after receiving a
diagnosis of a lethal fetal anomaly are informed of the
availability of perinatal hospice care; and
(2) women choosing abortion after receiving a
diagnosis of a lethal fetal anomaly are making a fully
informed decision.
(b) As used in this Section:
"Lethal fetal anomaly" means a fetal condition
diagnosed before birth that, if the pregnancy results in a
live birth, will with reasonable certainty result in the
death of the child not more than 3 months after the child's
birth.
"Perinatal hospice" means the provision of
comprehensive, supportive care to a pregnant woman and her
family beginning with the diagnosis of a lethal fetal
anomaly and continuing through the live birth and death of
the woman's child as a result of the lethal fetal anomaly.
The term includes counseling and medical care provided by
maternal-fetal medical specialists, obstetricians,
neonatologists, anesthesia specialists, specialty nurses,
clergy, social workers, and others that are focused on
alleviating fear and ensuring that the woman and her family
experience the life and death of the child in a comfortable
and supportive environment.

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(c) The Department shall develop a perinatal hospice
brochure and post the perinatal hospice brochure on the
Department's Internet web site.
(d) The perinatal brochure developed under this Section
must include the following:
(1) a description of the health care and other services
available from perinatal hospice;
(2) information that medical assistance benefits may
be available for prenatal care, childbirth, and perinatal
hospice; and
(3) information regarding accessing grief counseling
and other human services, and the types of services that
are available through this service.
(e) The Department shall develop and regularly update a
list of all perinatal hospice providers and programs in this
State. The Department may include on the list perinatal hospice
providers and programs in other states that provide care to
residents of this State. The Department shall post the list of
perinatal hospice providers and programs on the Department's
Internet web site.
(f) The Department shall develop a form on which a pregnant
woman certifies, at the time of receiving a diagnosis that the
pregnant woman's unborn child has a lethal fetal anomaly, that
the pregnant woman has received the following:
(1) a copy of the perinatal hospice brochure developed
under this Section;

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(2) a list of the perinatal hospice providers and
programs developed under subsection (e) of this Section.
(g) The provider diagnosing the pregnant woman's unborn
child with the lethal fetal anomaly shall, at the time of
diagnosis:
(1) provide the pregnant woman with a written copy of:
(A) the perinatal brochure developed under
subsection (c) of this Section; and
(B) the certification form developed by the
Department under subsection (f); and
(2) have the pregnant woman complete the certification
form.
(h) The Department shall adopt rules within 90 days after
the effective date of this amendatory Act of the 100th General
Assembly to implement this Section.
(720 ILCS 510/3.4 new)
Sec. 3.4. Prohibited abortions.
(a) A person may not perform an abortion of a fetus solely
because of the fetus's race, color, national origin, ancestry,
sex, or diagnosis or potential diagnosis of the fetus having
Down syndrome or any other disability.
(b) At least 18 hours before an abortion is performed on a
pregnant woman whose unborn child has been diagnosed with a
lethal fetal anomaly, the physician who will perform the
abortion shall:

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(1) orally and in person, inform the pregnant woman of
the availability of perinatal hospice services; and
(2) provide the pregnant woman copies of the perinatal
hospice brochure developed by the Department under
subsection (c) of Section 3.3 of this Act and the list of
perinatal hospice providers and programs developed under
subsection (e) of Section 3.3 of this Act, by printing the
perinatal hospice brochure and list of perinatal hospice
providers from the Department's Internet web site.
The requirements of this subsection are in addition to the
other requirements of this Section.
(c) If a pregnant woman described in subsection (b) chooses
to have an abortion rather than continuing the pregnancy in
perinatal hospice care, the pregnant woman shall certify in
writing, on a form developed by the Department under subsection
(f) of Section 3.3 of this Act, at least 18 hours before the
abortion is performed, that the pregnant woman has been
provided the information described in subsection (b) in the
manner required by subsection (b) of this Section.
(720 ILCS 510/10) (from Ch. 38, par. 81-30)
Sec. 10. A report of each abortion performed shall be made
to the Department on forms prescribed by it. Such report forms
shall not identify the patient by name, but by an individual
number to be noted in the patient's permanent record in the
possession of the physician, and shall include information

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concerning:
(1) Identification of the physician who performed the
abortion and the facility where the abortion was performed and
a patient identification number;
(2) State in which the patient resides;
(3) Patient's date of birth, race and marital status;
(4) Number of prior pregnancies;
(5) Date of last menstrual period;
(6) Type of abortion procedure performed;
(7) Complications and whether the abortion resulted in a
live birth;
(8) The date the abortion was performed;
(9) Medical indications for any abortion performed when the
fetus was viable;
(10) The information required by Sections 6(1)(b) and
6(4)(b) of this Act, if applicable;
(11) Basis for any medical judgment that a medical
emergency existed when required under Sections 6(2)(a) and 6(6)
and when required to be reported in accordance with this
Section by any provision of this Law; and
(12) The pathologist's test results pursuant to Section 12
of this Act;
(13) The gender of the fetus, if detectable; and
(14) Whether the fetus has been diagnosed with or has a
potential diagnosis of having Down syndrome or any other
disability.

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Such form shall be completed by the hospital or other
licensed facility, signed by the physician who performed the
abortion or pregnancy termination, and transmitted to the
Department not later than 10 days following the end of the
month in which the abortion was performed.
In the event that a complication of an abortion occurs or
becomes known after submission of such form, a correction using
the same patient identification number shall be submitted to
the Department within 10 days of its becoming known.
The Department may prescribe rules and regulations
regarding the administration of this Law and shall prescribe
regulations to secure the confidentiality of the woman's
identity in the information to be provided under the "Vital
Records Act". All reports received by the Department shall be
treated as confidential and the Department shall secure the
woman's anonymity. Such reports shall be used only for
statistical purposes.
Upon 30 days public notice, the Department is empowered to
require reporting of any additional information which, in the
sound discretion of the Department, is necessary to develop
statistical data relating to the protection of maternal or
fetal life or health, or is necessary to enforce the provisions
of this Law, or is necessary to develop useful criteria for
medical decisions. The Department shall annually report to the
General Assembly all statistical data gathered under this Law
and its recommendations to further the purpose of this Law.

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The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of "An Act to revise the law in
relation to the General Assembly", approved February 25, 1874,
as amended, and filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act.
(Source: P.A. 84-1438.)
(720 ILCS 510/11) (from Ch. 38, par. 81-31)
Sec. 11. (1) Any person who intentionally violates any
provision of this Law, other than those described in Section
3.2, 3.3, or 3.4 of this Act, commits a Class A misdemeanor
unless a specific penalty is otherwise provided. Any person who
intentionally falsifies any writing required by this Law
commits a Class A misdemeanor.
Intentional, knowing, reckless, or negligent violations of
this Law shall constitute unprofessional conduct which causes
public harm under Section 22 of the Medical Practice Act of
1987, as amended; Section 70-5 of the Nurse Practice Act, and
Section 21 of the Physician Assistant Practice Act of 1987, as
amended.

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Intentional, knowing, reckless or negligent violations of
this Law will constitute grounds for refusal, denial,
revocation, suspension, or withdrawal of license, certificate,
or permit under Section 30 of the Pharmacy Practice Act, as
amended; Section 7 of the Ambulatory Surgical Treatment Center
Act, effective July 19, 1973, as amended; and Section 7 of the
Hospital Licensing Act.
(2) Any hospital or licensed facility which, or any
physician who intentionally, knowingly, or recklessly fails to
submit a complete report to the Department in accordance with
the provisions of Section 10 of this Law and any person who
intentionally, knowingly, recklessly or negligently fails to
maintain the confidentiality of any reports required under this
Law or reports required by Sections 10.1 or 12 of this Law
commits a Class B misdemeanor.
(3) Any person who sells any drug, medicine, instrument or
other substance which he knows to be an abortifacient and which
is in fact an abortifacient, unless upon prescription of a
physician, is guilty of a Class B misdemeanor. Any person who
prescribes or administers any instrument, medicine, drug or
other substance or device, which he knows to be an
abortifacient, and which is in fact an abortifacient, and
intentionally, knowingly or recklessly fails to inform the
person for whom it is prescribed or upon whom it is
administered that it is an abortifacient commits a Class C
misdemeanor.

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(4) Any person who intentionally, knowingly or recklessly
performs upon a woman what he represents to that woman to be an
abortion when he knows or should know that she is not pregnant
commits a Class 2 felony and shall be answerable in civil
damages equal to 3 times the amount of proved damages.
(Source: P.A. 95-639, eff. 10-5-07; 95-689, eff. 10-29-07;
95-876, eff. 8-21-08.)
Section 15. The Illinois Human Rights Act is amended by
changing Section 1-103 as follows:
(775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
Sec. 1-103. General Definitions. When used in this Act,
unless the context requires otherwise, the term:
(A) Age. "Age" means the chronological age of a person who
is at least 40 years old, except with regard to any practice
described in Section 2-102, insofar as that practice concerns
training or apprenticeship programs. In the case of training or
apprenticeship programs, for the purposes of Section 2-102,
"age" means the chronological age of a person who is 18 but not
yet 40 years old.
(B) Aggrieved Party. "Aggrieved party" means a person who
is alleged or proved to have been injured by a civil rights
violation or believes he or she will be injured by a civil
rights violation under Article 3 that is about to occur.
(C) Charge. "Charge" means an allegation filed with the

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Department by an aggrieved party or initiated by the Department
under its authority.
(D) Civil Rights Violation. "Civil rights violation"
includes and shall be limited to only those specific acts set
forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
6-101, and 6-102 of this Act.
(E) Commission. "Commission" means the Human Rights
Commission created by this Act.
(F) Complaint. "Complaint" means the formal pleading filed
by the Department with the Commission following an
investigation and finding of substantial evidence of a civil
rights violation.
(G) Complainant. "Complainant" means a person including
the Department who files a charge of civil rights violation
with the Department or the Commission.
(H) Department. "Department" means the Department of Human
Rights created by this Act.
(I) Disability. "Disability" means a determinable physical
or mental characteristic of a person, including, but not
limited to, a determinable physical characteristic which
necessitates the person's use of a guide, hearing or support
dog, the history of such characteristic, or the perception of
such characteristic by the person complained against, which may
result from disease, injury, congenital condition of birth or
functional disorder and which characteristic:

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(1) For purposes of Article 2 is unrelated to the
person's ability to perform the duties of a particular job
or position and, pursuant to Section 2-104 of this Act, a
person's illegal use of drugs or alcohol is not a
disability;
(2) For purposes of Article 3, is unrelated to the
person's ability to acquire, rent or maintain a housing
accommodation;
(3) For purposes of Article 4, is unrelated to a
person's ability to repay;
(4) For purposes of Article 5, is unrelated to a
person's ability to utilize and benefit from a place of
public accommodation;
(5) For purposes of Article 5, also includes any
mental, psychological, or developmental disability,
including autism spectrum disorders.
(J) Marital Status. "Marital status" means the legal status
of being married, single, separated, divorced or widowed.
(J-1) Military Status. "Military status" means a person's
status on active duty in or status as a veteran of the armed
forces of the United States, status as a current member or
veteran of any reserve component of the armed forces of the
United States, including the United States Army Reserve, United
States Marine Corps Reserve, United States Navy Reserve, United
States Air Force Reserve, and United States Coast Guard
Reserve, or status as a current member or veteran of the

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Illinois Army National Guard or Illinois Air National Guard.
(K) National Origin. "National origin" means the place in
which a person or one of his or her ancestors was born.
(K-5) "Order of protection status" means a person's status
as being a person protected under an order of protection issued
pursuant to the Illinois Domestic Violence Act of 1986 or an
order of protection issued by a court of another state.
(L) Person. "Person" includes one or more individuals,
partnerships, associations or organizations, labor
organizations, labor unions, joint apprenticeship committees,
or union labor associations, corporations, the State of
Illinois and its instrumentalities, political subdivisions,
units of local government, legal representatives, trustees in
bankruptcy or receivers.
(L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
or medical or common conditions related to pregnancy or
childbirth.
(M) Public Contract. "Public contract" includes every
contract to which the State, any of its political subdivisions
or any municipal corporation is a party.
(N) Religion. "Religion" includes all aspects of religious
observance and practice, as well as belief, except that with
respect to employers, for the purposes of Article 2, "religion"
has the meaning ascribed to it in paragraph (F) of Section
2-101.
(O) Sex. "Sex" means the status of being male or female.

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(O-1) Sexual orientation. "Sexual orientation" means
actual or perceived heterosexuality, homosexuality,
bisexuality, or gender-related identity, whether or not
traditionally associated with the person's designated sex at
birth. "Sexual orientation" does not include a physical or
sexual attraction to a minor by an adult.
(P) Unfavorable Military Discharge. "Unfavorable military
discharge" includes discharges from the Armed Forces of the
United States, their Reserve components or any National Guard
or Naval Militia which are classified as RE-3 or the equivalent
thereof, but does not include those characterized as RE-4 or
"Dishonorable".
(Q) Unlawful Discrimination. "Unlawful discrimination"
means: (1) discrimination against a person because of his or
her race, color, religion, national origin, ancestry, age, sex,
marital status, order of protection status, disability,
military status, sexual orientation, pregnancy, or unfavorable
discharge from military service as those terms are defined in
this Section; or (2) the performance of an abortion solely
because of the race, color, sex, disability, national origin,
or ancestry of the fetus. As used in this subsection (Q),
"fetus" has the meaning ascribed to it in Section 2 of the
Illinois Abortion Law of 1975.
(Source: P.A. 97-410, eff. 1-1-12; 97-813, eff. 7-13-12;
98-1050, eff. 1-1-15.)
Section 99. Effective date. This Act takes effect upon

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