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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5615
Introduced , by Rep. Barbara Flynn Currie - Rosemary Mulligan
- Naomi D. Jakobsson - Elizabeth Coulson - Sara Feigenholtz, et
al.
SYNOPSIS AS INTRODUCED:
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Creates the Reproductive Justice and
Access Act. Provides that the State or any municipality,
political subdivision, or other governmental unit or agency
shall not: (1) deny or interfere with an individual's right to
use or refuse contraception; (2) deny or interfere with a
pregnant woman's right to bear a child; (3) deny or interfere
with a pregnant woman's right to terminate a pregnancy: (i)
prior to the viability of the fetus or (ii) when the termination
of pregnancy is necessary to protect the life or health of the
pregnant woman; or (4) require any woman to terminate pregnancy
without her consent. Provides that party aggrieved by conduct
that violates the Act may bring a civil lawsuit in a State
circuit court or as a supplemental claim in a federal district
court against the offending unit of government. Provides that
the State shall ensure that individuals eligible for State
medicaid assistance, or other State medical assistance, receive
financial assistance for reproductive healthcare at least to the
same extent as other comparable services. Provides that
pregnancy terminations shall be performed in accordance with
accepted standards of medical practice, by the method that, in
the clinical judgment of the attending medical professional,
will best serve the interests of the pregnant patient. Provides
that all Illinois public schools shall offer medically accurate,
age appropriate, comprehensive sexual health education. Provides
that the provisions of the Act are severable. Contains other
provisions. Effective immediately. |
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FISCAL NOTE ACT MAY APPLY
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A BILL FOR
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HB5615 |
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LRB095 18060 KBJ 45495 b |
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AN ACT concerning health.
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Be it enacted by the
People of the State of Illinois, |
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represented in the General Assembly:
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Section 1. Short title. This Act may be
cited as the |
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Reproductive Justice and Access Act.
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Section 5. Findings and policy. The
General Assembly finds |
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and declares that every individual possesses a
fundamental |
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right of privacy with respect to reproductive
decisions. |
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It is the public policy of this State to
ensure that all |
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individuals have appropriate and necessary
access to the full |
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range of reproductive education, healthcare
and services, |
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including but not limited to prenatal care,
adoption, |
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contraceptive care including timely access to
emergency |
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contraception, pregnancy termination,
comprehensive sexual |
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health education, and screening and treatment
for sexually |
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transmitted infections.
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Section 10. Definitions. In this Act: |
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"Physician" means a person licensed to
practice medicine in |
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all of its branches under the Medical Practice
Act of 1987. |
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"Pregnancy termination" or "termination of
pregnancy" |
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means any medical treatment intended to
terminate a pregnancy. |
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Pregnancy termination shall not include
medical treatment |
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conducted for the purpose of increasing the
probability of the |
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birth of a sustainable life. |
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"Viability" means that stage of pregnancy
when, in the good |
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faith medical judgment of the attending
physician, based on the |
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particular medical facts of the case before
the physician, |
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there is a reasonable likelihood of the
sustained survival of |
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the fetus outside of the uterus without the
application of |
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extraordinary medical measures.
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Section 15. Prohibition of interference
and retaliation. |
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(a) Notwithstanding any other provision of
this Act or any |
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other law to the contrary, the State or any
municipality, |
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political subdivision, or other governmental
unit or agency |
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shall not: |
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(1) deny or interfere with an
individual's right to use |
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or refuse contraception; |
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(2) deny or interfere with a pregnant
woman's right to |
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bear a child; |
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(3) deny or interfere with a pregnant
woman's right to |
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terminate a pregnancy: (i) prior to the
viability of the |
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fetus or (ii) when the abortion is
necessary to protect the |
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life or health of the pregnant woman; or
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(4) require any woman to terminate
pregnancy without |
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her consent. |
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(b) Any party aggrieved by conduct that
violates |
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subsections (1) through (4) of this Section
may bring a civil |
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lawsuit in a State circuit court or as a
supplemental claim in |
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a federal district court, against the
offending unit of |
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government. If a federal or State court finds
that a violation |
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of any of subsections (1) through (4) of this
Section has |
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occurred, the court may award to the plaintiff
actual damages, |
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declaratory or injunctive relief, a temporary
restraining |
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order, or other relief. Upon a motion, the
court shall award |
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reasonable attorneys' fees and costs,
including expert witness |
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and other other litigation expenses, to a
plaintiff who is a |
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prevailing party, including where the
plaintiff's pursuit of a |
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non-frivolous claim was the a catalyst for a
unilateral change |
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in position by the opposing party relative to
the relief |
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sought.
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Section 20. Non-discrimination in funding.
Notwithstanding |
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any other provision of this Act or any other
law to the |
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contrary, the State shall ensure that
individuals eligible for |
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State medicaid assistance, or other State
medical assistance, |
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receive financial assistance for reproductive
healthcare at |
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least to the same extent as other comparable
services. |
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Violation of this provision shall constitute a
denial or |
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interference in contravention of Section 15 of
this Act.
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Section 25. Pregnancy terminations.
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(a) Pregnancy terminations shall be
performed in |
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accordance with accepted standards of medical
practice, by the |
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method that, in the clinical judgment of the
attending medical |
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professional, will best serve the interests of
the pregnant |
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patient. Notwithstanding any other provision
of this Act or any |
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other law to the contrary, a qualified medical
professional is |
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not liable for civil damages or subject to
criminal penalty |
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relating to a pregnancy termination performed
in good faith, in |
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accordance with the attending medical
professional's good |
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faith clinical judgment and accepted standards
of medical |
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practice. |
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(b) Notwithstanding any other provision of
this Act or any |
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other law to the contrary, a report of each
pregnancy |
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termination performed shall be made to the
Illinois Department |
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of Public Health on forms prescribed by the
Department. Such |
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report forms shall not identify the patient by
name and shall |
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preserve the anonymity of each woman who has
obtained a |
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pregnancy termination. The Department of
Public Health shall |
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promulgate and enforce regulations regarding
the |
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administration of these reporting requirements
that secure |
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protection of patient identity and ensure the
anonymity of each |
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woman who has undergone a pregnancy
termination. Failure of the |
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Department to preserve confidentiality and
anonymity shall |
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constitute interference in contravention of
Section 15 of this |
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Act.
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Section 30. Sexual health education. All
Illinois public |
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schools shall offer medically accurate, age
appropriate, |
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comprehensive sexual health education. The
Illinois State |
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Board of Education shall promulgate and
enforce regulations |
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consistent with this provision.
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Section 35. Patient access. |
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(a) Pursuant to this Act, all individuals
shall have |
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appropriate and necessary access to the full
range of |
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reproductive healthcare. Notwithstanding any
other provision |
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of this Act or any other law to the contrary,
individual health |
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care professionals who object to providing
certain |
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reproductive health care based on religion or
personal |
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conscience may refuse to provide such services
only under the |
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following conditions: |
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(1) the objecting health care
professional provides |
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prior written notice to patients, or,
where the objecting |
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professional is an employee, to his or her
employer, of his |
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or her intention to refuse to provide such
health care |
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services; |
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(2) the objecting health care
professional or another |
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health care professional within his or her
practice or |
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place of employment provides the patient
with timely, |
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accurate, and complete information about
the patient's |
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care options in a balanced and
professional manner; |
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(3) the objecting health care
professional or another |
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health care professional within his or her
practice or |
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place of employment assists the patient in
obtaining such |
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care in a timely fashion; and |
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(4) where the objecting health care
professional is an |
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employee, the employer can accommodate the
employee's |
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objection without undue hardship. |
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(B) Violations of this Section shall be
sanctioned under |
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State licensing statutes by the appropriate
State agency.
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Section 40. Construction. This Act and the
rules now or |
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hereafter applicable thereto shall be
liberally construed |
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consistent with the public policies announced
in this Act.
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Section 97. Severability. If any portion
of this Act or any |
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amendments thereto, or its applicability to
any person or |
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circumstance is held invalid by a court, the
remainder of this |
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Act or its applicability to other persons or
circumstances |
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shall not be affected.
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Section 99. Effective date. This Act takes
effect upon |
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becoming law. |
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