Illinois Informed Consent Bill (HB 5463)

HB 5463 would have amended the Illinois Abortion Law of 1975 and added various definitions to the Act.

Informed Consent

The bill would have prohibited an abortion from being performed or induced without the voluntary and informed consent of the woman upon whom the abortion is performed or induced. Except in cases of medical emergency, consent would have been voluntary and informed if the physician informs the woman of (1) the name of the doctor who will perform the abortion; (2) the probable gestational age of the fetus; (3) the probable anatomical and physiological characteristics of the fetus at the time the abortion is to be performed; (4) the medical risks associated with carrying her child to term; and (5) medically accurate information that a reasonable patient would consider material to the decision of whether or not to undergo the abortion, including the risks of infection, hemorrhage, cervical or uterine perforation, danger to subsequent pregnancies, and increased risk of breast cancer.

An increase in risk of breast cancer is not supported by medical research. In fact, a new study confirms that there is no causative link between abortion and breast cancer.

The bill provides that the Department of Public Health shall cause to be published printed materials and an informational DVD in English and Spanish within 30 days after the effective date of the amendatory Act. It provides that the materials shall include a comprehensive list of the agencies, a description of the services they offer, and the telephone numbers and addresses of the agencies, and shall inform the woman about available medical assistance benefits for prenatal care, childbirth, and neonatal care. The bill states that the materials cannot promote, exclude, or discourage the use of any described service or agency.

Informed Consent/Ultrasound Requirement

At least 24 hours before the abortion, the physician who is to perform the abortion on the pregnant woman, the referring physician, or a qualified person assisting the physician would have been required to offer the woman, orally and in person, the opportunity to: (1) view the active ultrasound image of the fetus and hear the heartbeat of the fetus if the heartbeat is audible; and (2) receive a physical picture of the ultrasound image of the fetus.

Counseling/Waiting Period

At least 24 hours before the abortion, the physician would have been required to provide a woman junk science on fetal pain, including the medically unproven assertion that a 20 week old fetus is capable of feeling pain.

The bill states that the required information must be given to the woman by telephone or in person at least 24 hours before the abortion.

The bill would also have required that the woman certify in writing that the information has been provided and that she has been provided an opportunity to review the printed state materials.

Coercion Prohibited

The bill would have prohibited coercing a minor into having an abortion. If a minor is denied financial support due to her refusal to have an abortion, that minor would have been deemed emancipated for purposes of obtaining public assistance benefits. The bill would have prohibited using those public assistance benefits to obtain an abortion.

Physician Reporting Requirements

The bill requires physicians to report a wide variety of specified information including information regarding the number of abortions performed, the race and age of the patient,  the probable gestational age of the fetus, patient’s number of prior pregnancies, the name of the abortion facility where abortion was performed,  how many abortion resulted from medical emergencies, basis of determination that a medical emergency existed, how many and what kind of complications arose, the amount billed to cover the treatment of specified complications, including whether they were billed to Medicaid, private insurance, or other method. The bill provides for penalties if physicians do not submit reports in a timely manner.

Reporting Requirements

Existing law requires the Department of Public Health to annually report to the General Assembly all statistical data gathered from physician reports.

Fetal Tissue Examination

When an abortion is performed in the first trimester, a physician or a qualified person would have been required to (1) examine removed fetal tissue to determine if a pregnancy existed and was terminated; and (2) certify whether the fetus was viable.

Penalties

The bill provides that a pregnant woman upon whom an abortion has been performed in violation of the Act, or the parent or legal guardian of that woman if she is an unemancipated minor, may commence a civil action against the abortion provider for any willful violation of the Act for actual and punitive damages.

STATUS

Died in Rules Committee.

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