HB 5462: Ambulatory Surgical Treatment Center Act (Amendment)
Sponsor: Rep. Thomas Morrison
This bill amends the Ambulatory Surgical Treatment Center Act, it provides that "ambulatory surgical treatment center" includes any facility in which a medical or surgical procedure is utilized to terminate 50 or more pregnancies in any calendar year (instead of to terminate a pregnancy). It requires a physician to remain on the premises of an ambulatory surgical treatment center on any day when an abortion is performed at the facility and to have admitting privileges at a hospital that is located within 30 miles of the ambulatory surgical treatment center. It also provides that any facility that performs more than 50 abortions in a calendar year shall comply with all of the statutes and rules that are applicable to ambulatory surgical treatment centers. The bill authorizes the Director of Public Health to seek an injunction against any facility that is in violation of the Act and creates a private right of action against a facility or physician that performs an abortion in willful violation of the Act.
Status: This bill was placed in the Facilities Subcommittee on February 27th.
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HB 5463: Abortion Informed Concent Bill (with ultrasound)
Sponsor: Rep. Thomas Morrison
This bill, amends the Illinois Abortion Law of 1975 and adds various definitions to the Act. It provides that an abortion shall not be performed or induced without the voluntary and informed consent of the patient upon whom the abortion is to be performed or induced. It establishes what circumstances are considered informed consent and provides that if the medical facility has the necessary equipment, consent to an abortion is voluntary and informed only if 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 has offered the woman, orally and in person, the opportunity to:
(1) view the active ultrasound image of the unborn child and hear the heartbeat of the unborn child if the heartbeat is audible; and
(2) receive a physical picture of the ultrasound image of the unborn child.
This 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. and 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. 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: This bill was placed in the Informed Consent Subcommittee on February 27th.