Bill Text: IL SB0025 | 2019-2020 | 101st General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Creates the Reproductive Health Act. Provides that every individual has a fundamental right to make autonomous decisions about one's own reproductive health. Provides that every individual who becomes pregnant has a fundamental right to continue the pregnancy and give birth or to have an abortion, and to make autonomous decisions about how to exercise that right. Provides that a fertilized egg, embryo, or fetus does not have independent rights under the law, of this State. Provides prohibited State actions. Provides that a party aggrieved by a violation of the Act may bring a civil lawsuit. Provides that a health care professional shall report each abortion performed to the Department of Public Health. Limits home rule powers. Repeals provisions regarding abortion in the Ambulatory Surgical Treatment Center Act, the Sexual Assault Survivors Emergency Treatment Act, and the Injunction Article of the Code of Civil Procedure. Repeals the Illinois Abortion Law of 1975, the Partial-birth Abortion Ban Act, and the Abortion Performance Refusal Act. Makes corresponding changes in the Children and Family Services Act, the Counties Code, the Medical Practice Act of 1987, the Physician Assistant Practice Act of 1987, the Vital Records Act, the Criminal Code of 2012, the Health Care Right of Conscience Act, and the Rights of Married Persons Act. Amends the Freedom of Information Act. Provides that information and records held by the Department collected under the Reproductive Health Act is exempt from inspection and copying. Amends the Ambulatory Surgical Treatment Center Act. Provides that that term "ambulatory surgical treatment center" does not include any facility in which the performance of abortion procedures is limited to those performed without general, epidural, or spinal anesthesia. Amends the Illinois Insurance Code. Provides insurance requirements for the coverage of abortion. Makes corresponding changes in the State Employees Group Insurance Act, the Health Maintenance Organization Act, and the Voluntary Health Services Plans Act. Amends the Nurse Practice Act. Provides that operative surgery does not include abortions performed without general, epidural, or spinal anesthesia, and other gynecological procedures related to abortions. Amends the Environmental Protection Act. Provides that tissue and products from an abortion or miscarriage may be buried, entombed, or cremated. Effective immediately.

Spectrum: Partisan Bill (Democrat 52-0)

Status: (Passed) 2019-06-13 - Added as Co-Sponsor Sen. Don Harmon [SB0025 Detail]

Download: Illinois-2019-SB0025-Engrossed.html



SB0025 EngrossedLRB101 00199 RLC 45201 b
1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Mental Health and Developmental
5Disabilities Code is amended by changing Section 3-610 as
6follows:
7 (405 ILCS 5/3-610) (from Ch. 91 1/2, par. 3-610)
8 Sec. 3-610. As soon as possible but not later than 24
9hours, excluding Saturdays, Sundays and holidays, after
10admission of a respondent pursuant to this Article, the
11respondent shall be personally examined by a psychiatrist. The
12psychiatrist may be a member of the staff of the facility but
13shall not be the person who executed the first certificate. If
14a certificate has already been completed by a psychiatrist
15following the respondent's admission, the respondent shall be
16examined by another psychiatrist or by a physician, clinical
17psychologist, or qualified examiner. If, as a result of this
18second examination, a certificate is executed, the certificate
19shall be promptly filed with the court. If the certificate
20states that the respondent is subject to involuntary admission
21but not in need of immediate hospitalization, the respondent
22may remain in his or her place of residence pending a hearing
23on the petition unless he or she voluntarily agrees to

SB0025 Engrossed- 2 -LRB101 00199 RLC 45201 b
1inpatient treatment. If the respondent is not examined or if
2the psychiatrist, physician, clinical psychologist, or
3qualified examiner does not execute a certificate pursuant to
4Section 3-602, the respondent shall be released forthwith. For
5the purpose of this Section, a personal examination includes an
6examination performed in real time (synchronous examination)
7via an Interactive Telecommunication System as defined in 89
8Ill. Adm. Code 140.403(a)(5). An examination via an Interactive
9Telecommunication System may only be used for certification
10under this Section when a psychiatrist is not on-site within
11the time period set forth in this Section. If the examination
12is performed via an Interactive Communication System, that fact
13shall be noted on the certificate.
14(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
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