Bill Text: IL HB0791 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Reproductive Health Act. Provides that except in the case of a medical emergency, a health care professional shall not knowingly perform, induce, or attempt to perform an abortion upon a pregnant woman when the probable gestational age of her unborn child has been determined to be at least 20 weeks. Makes conforming changes.

Spectrum: Partisan Bill (Republican 15-0)

Status: (Introduced - Dead) 2022-02-10 - Added Co-Sponsor Rep. Mark Luft [HB0791 Detail]

Download: Illinois-2021-HB0791-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB0791 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
775 ILCS 55/1-10
775 ILCS 55/1-25
Amends the Reproductive Health Act. Provides that except in the case of a medical emergency, a health care professional shall not knowingly perform, induce, or attempt to perform an abortion upon a pregnant woman when the probable gestational age of her unborn child has been determined to be at least 20 weeks. Makes conforming changes.
LRB102 04197 LNS 14214 b
A BILL FOR
HB0791 LRB102 04197 LNS 14214 b
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 Sections 1-10 and 1-25 and by adding Section 1-24 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.
"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.

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"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.
"Major bodily function" includes, but is not limited to,
functions of the immune system, normal cell growth, and
digestive bowel, bladder, neurological, brain, respiratory,
circulatory, endocrine, and reproductive functions.
"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.
"Medical emergency" means a condition in which an abortion
is necessary to preserve the life of the pregnant woman whose
life is endangered by a physical disorder, physical illness,
or physical injury, including a life-endangering physical

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condition caused by or arising from the pregnancy itself, or
when continuation of the pregnancy will create a serious risk
of substantial and irreversible impairment of a major bodily
function of the pregnant woman.
"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; 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.)

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(775 ILCS 55/1-25)
Sec. 1-25. Reporting of abortions performed by health care
professionals.
(a) Except in the case of a medical emergency, a health
care professional shall not knowingly perform, induce, or
attempt to perform an abortion upon a pregnant woman when the
probable gestational age of her unborn child has been
determined to be at least 20 weeks. Otherwise, a A health care
professional may provide abortion care in accordance with the
health care professional's professional judgment and training
and based on accepted standards of clinical practice
consistent with the scope of his or her practice under the
Medical Practice Act of 1987, the Nurse Practice Act, or the
Physician Assistant Practice Act of 1987. If the health care
professional determines that there is fetal viability, the
health care professional may provide abortion care only if, in
the professional judgment of the health care professional, the
abortion is necessary to protect the life or health of the
patient.
(b) A report of each abortion performed by a health care
professional shall be made to the Department on forms
prescribed by it. Such reports shall be transmitted to the
Department not later than 10 days following the end of the
month in which the abortion is performed.
(c) The abortion reporting forms prescribed by the

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Department shall not request or require information that
identifies a patient by name or any other identifying
information, and the Department shall secure anonymity of all
patients and health care professionals.
(d) All reports received by the Department pursuant to
this Section shall be treated as confidential and exempt from
the Freedom of Information Act. Access to such reports shall
be limited to authorized Department staff who shall use the
reports for statistical purposes only. Such reports must be
destroyed within 2 years after date of receipt.
(Source: P.A. 101-13, eff. 6-12-19.)