There was much activity around legislation to expand abortion access in Illinois the past few days. Here is a summary:
On January 4, 2023, at around 10:30 pm, Senate Amendment 1 was filed on House Bill 4664. The bill included the following:
• Allows the Attorney General to investigate and request the court to impose fines to sidewalk counselors.
• Allows the Attorney General to request the court to impose fines to an unlicensed crisis pregnancy center for providing pregnancy-related services.
• Mandates a two-hour continuing education course about abortion for all health care workers involved in maternity care and other “reproductive health care.”
• Allows Advanced Practice Registered Nurses and Physician Assistants to perform surgical abortions.
It also would allow for certain out of state health care professionals to apply for temporary permits to come to Illinois to provide abortions. In addition, it prevents the state from taking disciplinary action against health care professionals in Illinois solely based on if they violated other states’ laws on abortion if otherwise legal in Illinois or were disciplined in those other states for providing abortion-related services.
On the morning of January 5, 2023, House Amendment 1 was filed on Senate Bill 3799. This bill had the following concerns:
• Allows Advanced Practice Registered Nurses and Physician Assistants to perform aspiration abortions not requiring general anesthesia.
• Provides that no person can be found civilly liable for the wrongful death of a fetus caused by an abortion, except for when a fetus is live-born but subsequently dies.
• Public colleges and universities, including community colleges, must make emergency contraception accessible for purchase in at least one vending machine on each campus.
• Birth centers, which have been places where mothers can give birth, would now be able to also provide abortions under this bill.
• For insurance plans not otherwise exempt from state insurance law mandates, it requires abortifacients and gender-affirming health care medications to be covered at no-cost.
As with the amendment to HB 4664 above, this bill also would allow for certain out of state health care professionals to apply for temporary permits to come here to provide abortions and also prevent the state from taking disciplinary action against health care professionals if solely based on if they violated other states’ laws on abortion if otherwise legal in Illinois or were disciplined in those other states for providing abortion-related services.
SB 3799, House Amendment 1 was debated in the House Executive Committee January 5, 2023, and passed out of committee. However, the House actually voted on Senate Bill 1534, House Amendment 4. This bill is basically the same as House Amendment 1 on SB 3799, with just a few drafting corrections. The bill passed the House with a vote of 67-40 and has been sent over to the Senate for concurrence.
January 9, 2023 Update: On January 8, the Senate introduced Senate Amendment 2 to HB 4664, and it was discussed in a Senate subject matter hearing on January 9. It may be voted on by the full Senate before Tuesday’s conclusion of the session. The bill includes the following:
• Allows Advanced Practice Registered Nurses and Physician Assistants to perform aspiration abortions not requiring general anesthesia.
• Provides there is no cause of action against a licensed health care professional for the wrongful death of a person caused by an abortion where abortion is permitted by law and consent was given.
• Protects information about abortion from subpoenas and orders for testimony issued in other states.
This bill also would allow for certain out of state health care professionals to apply for temporary permits to come here to provide abortions and also prevent the state from taking disciplinary action against health care professionals if solely based on if they violated other states’ laws on abortion if otherwise legal in Illinois or were disciplined in those other states for providing abortion-related services.
If you would like to contact your State Senator regarding House Bill 4664, please click HERE to find your local senator’s contact information.
The new General Assembly will convene on Wednesday, January 11, 2023.