2005 Illinois Code - Chapter 720 Criminal Offenses 720 ILCS 510/ Illinois Abortion Law of 1975.
(720 ILCS 510/1)(from Ch. 38, par. 81‑21) Sec. 1. It is the intention of the General Assembly of the State of
Illinois to reasonably regulate abortion in conformance with the
decisions of the United States Supreme Court of January 22, 1973.
Without in any way restricting the right of privacy of a woman or the
right of a woman to an abortion under those decisions, the General
Assembly of the State of Illinois do solemnly declare and find in
reaffirmation of the longstanding policy of this State, that the unborn
child is a human being from the time of conception and is, therefore, a
legal person for purposes of the unborn child's right to life and is
entitled to the right to life from conception under the laws and
Constitution of this State. Further, the General Assembly finds and
declares that longstanding policy of this State to protect the right to
life of the unborn child from conception by prohibiting abortion unless
necessary to preserve the life of the mother is impermissible only
because of the decisions of the United States Supreme Court and that,
therefore, if those decisions of the United States Supreme Court are
ever reversed or modified or the United States Constitution is amended
to allow protection of the unborn then the former policy of this State
to prohibit abortions unless necessary for the preservation of the
mother's life shall be reinstated. It is the further intention of the General Assembly to assure and protect
the woman's health and the integrity of the woman's decision whether or
not to continue to bear a child, to protect the valid and compelling state
interest in the infant and unborn child, to assure the integrity of marital
and familial relations and the rights and interests of persons who participate
in such relations, and to gather data for establishing criteria for medical
decisions. The General Assembly finds as fact, upon hearings and public
disclosures, that these rights and interests are not secure in the economic
and social context in which abortion is presently performed. (Source: P.A. 81‑1078.)
(720 ILCS 510/2)(from Ch. 38, par. 81‑22) Sec. 2. Unless the language or context clearly indicates a different
meaning is intended, the following words or phrases for the purpose of
this Law shall be given the meaning ascribed to them: (1) "Viability" means that stage of fetal development when, in the medical
judgment of the attending physician based on the particular facts of the
case before him, there is a reasonable likelihood of sustained survival
of the fetus outside the womb, with or without
artificial support. (2) "Physician" means any person licensed to practice medicine in all
its branches under the Illinois Medical Practice Act of 1987, as amended. (3) "Department" means the Department of Public Health, State of
Illinois. (4) "Abortion" means the use of any instrument, medicine, drug or any
other substance or device to terminate the pregnancy of a woman known to
be pregnant with an intention other than to increase the probability of a
live birth, to preserve the life or health of the child after live birth,
or to remove a dead fetus. (5) "Fertilization" and "conception" each mean the fertilization of
a human ovum by a human sperm, which shall be deemed to have occurred at
the time when it is known a spermatozoon has penetrated the cell membrane
of the ovum. (6) "Fetus" and "unborn child" each mean an individual
organism of the species homo sapiens from fertilization until live birth. (7) "Abortifacient" means any instrument, medicine, drug, or any
other substance or device which is known to cause fetal death when employed
in the usual and customary use for which it is manufactured, whether or
not the fetus is known to exist when such substance or device is
employed. (8) "Born alive", "live born", and "live birth", when applied to
an individual organism of the species homo sapiens,
each mean he or she was completely expelled or extracted from
his or her mother and after such separation breathed or showed evidence
of any of the following: beating of the heart, pulsation of the umbilical
cord, or definite movement of voluntary muscles, irrespective of the duration
of pregnancy and whether or not the umbilical cord has been cut or the placenta
is attached. (Source: P.A. 85‑1209.)
(720 ILCS 510/3.1)(from Ch. 38, par. 81‑23.1) Sec. 3.1. Medical Judgment. No abortion shall be performed except by
a physician after either (a) he determines that, in his best clinical judgment,
the abortion is necessary, or (b) he receives a written statement or oral
communication by another physician, hereinafter called the "referring
physician", certifying that in the referring physician's best clinical
judgment the abortion is necessary. Any person who intentionally or knowingly performs
an abortion contrary to the requirements of Section 3.1 commits a Class 2 felony. (Source: P.A. 83‑1128.)
(720 ILCS 510/5)(from Ch. 38, par. 81‑25) Sec. 5. (1) When the fetus is viable no abortion shall be performed
unless in the medical judgment of the attending or referring physician,
based on the particular facts of the case before him, it is necessary
to preserve the life or health of the mother. Intentional, knowing, or
reckless failure to conform to the requirements of subsection
(1) of Section 5 is a Class 2 felony. (2) When the fetus is viable the physician shall certify in writing, on
a form prescribed by the Department under Section 10 of this Law, the medical
indications which, in his medical judgment based on the particular facts
of the case before him, warrant performance of the abortion to preserve
the life or health of the mother. (Source: P.A. 83‑1128.)
(720 ILCS 510/6)(from Ch. 38, par. 81‑26) Sec. 6. (1) (a) Any physician who intentionally performs an abortion
when, in his medical judgment based on the particular facts of the case before him,
there is a reasonable likelihood of sustained survival of the fetus outside
the womb, with or without artificial support, shall utilize that method of
abortion which, of those he knows to be available, is in his medical
judgment most likely to preserve the life and health of the fetus. (b) The physician shall certify in writing, on a form prescribed by the
Department under Section 10 of this Act, the available methods considered
and the reasons for choosing the method employed. (c) Any physician who intentionally, knowingly, or recklessly violates
the provisions of Section 6(1)(a) commits a Class 3 felony. (2) (a) No abortion shall be performed or induced when the fetus is
viable unless there is in attendance a physician other than the physician
performing or inducing the abortion who shall take control of and provide
immediate medical care for any child born alive as a result of the
abortion. This requirement shall not apply when, in the medical judgment
of the physician performing or inducing the abortion based on the
particular facts of the case before him, there exists a medical emergency;
in such a case, the physician shall describe the basis of this judgment on
the form prescribed by Section 10 of this Act. Any physician who
intentionally performs or induces such an abortion and who intentionally,
knowingly, or recklessly fails to arrange for the attendance of such a
second physician in violation of Section 6(2)(a) commits a Class 3 felony. (b) Subsequent to the abortion, if a child is born alive, the physician
required by Section 6(2)(a) to be in attendance shall exercise the same
degree of professional skill, care and diligence to preserve the life and
health of the child as would be required of a physician providing immediate
medical care to a child born alive in the course of a pregnancy termination
which was not an abortion. Any such physician who intentionally,
knowingly, or recklessly violates Section 6(2)(b) commits a Class 3 felony. (3) The law of this State shall not be construed to imply that any
living individual organism of the species homo sapiens who has been born
alive is not an individual under
the "Criminal Code of 1961,"
approved July 28, 1961, as amended. (4) (a) Any physician who intentionally performs an abortion when, in
his medical judgment based on the particular facts of the case before him,
there is a reasonable possibility of sustained survival of the fetus
outside the womb, with or without artificial support, shall utilize that
method of abortion which, of those he knows to be available, is in his
medical judgment most likely to preserve the life and health of the fetus. (b) The physician shall certify in writing, on a form prescribed by the
Department under Section 10 of this Act, the available methods considered
and the reasons for choosing the method employed. (c) Any physician who intentionally, knowingly, or recklessly violates
the provisions of Section 6(4)(a) commits a Class 3 felony. (5) Nothing in Section 6 requires a physician to employ
a method of abortion which, in the medical judgment of the physician
performing the abortion based on the particular facts of the
case before him, would increase medical risk to the mother. (6) When the fetus is viable and when there exists reasonable
medical certainty (a) that the particular
method of abortion to be employed will cause organic pain to the fetus, and
(b) that use of an
anesthetic or analgesic would abolish or alleviate organic
pain to the fetus caused by the particular method of abortion to be employed,
then the physician who is to perform the abortion or his agent or the
referring physician or his agent shall inform the woman upon
whom the abortion is to be performed that such an
anesthetic or analgesic is available, if he knows it to be available,
for use to abolish or alleviate organic
pain caused to the fetus by the particular method of abortion to be employed.
Any person who performs an abortion with knowledge that any such reasonable
medical certainty exists and that such an anesthetic or analgesic is
available, and intentionally
fails to so inform
the woman or to ascertain that the woman has been so informed commits a
Class B misdemeanor. The foregoing requirements of subsection (6) of Section 6 shall
not apply (a) when in the medical judgment of the physician who is to perform
the abortion or the referring physician based upon the particular facts
of the case before him: (i) there
exists a medical emergency, or (ii) the administration of such an anesthetic or
analgesic would decrease a possibility of sustained survival of
the fetus apart from the body of the mother, with
or without artificial
support, or (b) when the physician
who is to perform the abortion administers an anesthetic or an analgesic
to the woman or the fetus and he knows there exists reasonable medical
certainty that such use will abolish organic pain caused to the fetus during
the course of the abortion. (7) No person shall sell or experiment upon a fetus produced by the
fertilization of a human ovum by a human sperm unless such experimentation
is therapeutic to the fetus thereby
produced. Intentional violation of this section is a Class A misdemeanor.
Nothing in this subsection (7) is intended to prohibit the performance of
in vitro fertilization. (8) No person shall intentionally perform an abortion with knowledge
that the pregnant woman is seeking the abortion solely on account of the
sex of the fetus. Nothing in Section 6(8) shall be construed to proscribe
the performance of an abortion on account of the sex of the fetus because
of a genetic disorder linked to that sex. If the application of Section
6(8) to the period of pregnancy prior to viability is held invalid, then
such invalidity shall not affect its application to the period of pregnancy
subsequent to viability. (Source: P.A. 84‑1001.)
(720 ILCS 510/10)(from Ch. 38, par. 81‑30) Sec. 10. A report of each abortion performed shall be made to the
Department on forms prescribed by it. Such report forms shall not
identify the patient by name, but by an individual number to be noted in
the patient's permanent record in the possession of the physician, and
shall include information concerning: (1) Identification of the physician who performed the abortion and
the facility where the abortion was performed and a patient
identification number; (2) State in which the patient resides; (3) Patient's date of birth, race and marital status; (4) Number of prior pregnancies; (5) Date of last menstrual period; (6) Type of abortion procedure performed; (7) Complications and whether the abortion resulted in a live birth; (8) The date the abortion was performed; (9) Medical indications for any abortion performed when the fetus was viable; (10) The information required by Sections 6(1)(b) and 6(4)(b) of this
Act, if applicable; (11) Basis for any medical judgment that a medical emergency existed
when required under Sections 6(2)(a) and 6(6) and when required to
be reported in accordance with this Section by any provision of this Law; and (12) The pathologist's test results pursuant to Section 12 of this Act. Such form shall be completed by
the hospital or other licensed facility, signed by the physician who
performed the abortion or pregnancy termination, and transmitted to the
Department not later than 10 days following the end of the month in
which the abortion was performed. In the event that a complication of an abortion occurs or becomes
known after submission of such form, a correction using the same patient
identification number shall be submitted to the Department within 10
days of its becoming known. The Department may prescribe rules and regulations regarding the
administration of this Law and shall prescribe regulations to secure the
confidentiality of the woman's identity in the information to be
provided under the "Vital Records Act". All reports received
by the Department shall be treated as confidential and the Department
shall secure the
woman's anonymity. Such reports shall be used only for statistical purposes. Upon 30 days public notice, the Department is empowered to require
reporting of any additional information which, in the sound discretion
of the Department, is necessary to develop statistical data relating to
the protection of maternal or fetal life or health, or is necessary to
enforce the provisions of this Law, or is necessary to develop useful
criteria for medical decisions. The Department shall annually report to
the General Assembly all statistical data gathered under this Law and its
recommendations to further the purpose of this Law. The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report with the Speaker, the Minority Leader and
the Clerk of the House of Representatives and the President, the Minority
Leader and the Secretary of the Senate and the Legislative Research
Unit, as required
by Section 3.1 of "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing such additional copies
with the State Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State Library Act. (Source: P.A. 84‑1438.)
(720 ILCS 510/10.1)(from Ch. 38, par. 81‑30.1) Sec. 10.1. Any physician who diagnoses a woman as having complications
resulting from an abortion shall report, within a reasonable period of time,
the diagnosis and a summary of her
physical symptoms to the Illinois Department of Public Health in accordance
with procedures and upon forms required by such Department. The Department
of Public Health shall define the complications required to be reported
by rule. The complications defined by rule shall be those which, according
to contemporary medical standards, are manifested by symptoms with severity
equal to or greater than hemorrhaging requiring transfusion, infection,
incomplete abortion, or punctured organs. If the physician making the
diagnosis of a complication knows the name or location of the facility
where the abortion was performed, he shall report such information to the
Department of Public Health. Any physician who intentionally violates this Section shall be subject
to revocation of his license pursuant to paragraph (22) of Section 22
of the Medical Practice Act of 1987. (Source: P.A. 85‑1209.)
(720 ILCS 510/11)(from Ch. 38, par. 81‑31) Sec. 11. (1) Any person who intentionally violates any provision of this
Law commits a Class A misdemeanor unless a specific penalty is otherwise
provided. Any person who intentionally falsifies any writing required by
this Law commits a Class A misdemeanor. Intentional, knowing, reckless, or negligent violations of this Law shall
constitute unprofessional conduct which causes public harm under Section
22 of the Medical Practice Act of 1987, as amended; Sections
10‑45 and 15‑50 of
the
Nursing and Advanced Practice Nursing Act, and
Section 21 of the Physician Assistant
Practice Act of 1987, as amended. Intentional, knowing, reckless or negligent violations of this Law will
constitute grounds for refusal, denial, revocation,
suspension, or withdrawal of license, certificate, or permit under Section
30 of the Pharmacy Practice Act of 1987, as amended; Section 7 of
the Ambulatory Surgical Treatment Center
Act, effective July 19, 1973, as amended; and Section 7 of the Hospital
Licensing Act. (2) Any hospital or licensed facility which, or any
physician who intentionally, knowingly, or recklessly
fails to submit a complete report to the Department in accordance with the
provisions of Section 10 of this Law and any person who intentionally,
knowingly, recklessly or negligently fails to maintain the confidentiality
of any reports required under this Law or reports required by
Sections 10.1 or 12 of this Law commits a Class B misdemeanor. (3) Any person who sells any drug, medicine, instrument or other
substance which he knows to be an abortifacient and which is in fact an
abortifacient, unless upon prescription of a physician, is guilty of a
Class B misdemeanor. Any person who prescribes or administers any instrument,
medicine, drug or other substance or device, which he knows to be an
abortifacient, and which is in fact an abortifacient, and intentionally,
knowingly or recklessly fails to inform the person for whom it is
prescribed or upon whom it is administered that it is an abortifacient
commits a Class C misdemeanor. (4) Any person who intentionally, knowingly or recklessly
performs upon a woman what he represents to that woman to be an
abortion when he knows or should know that she is not pregnant commits
a Class 2 felony and shall be answerable in
civil damages equal to 3 times the amount of proved damages. (Source: P.A. 90‑742, eff. 8‑13‑98.)
(720 ILCS 510/11.1)(from Ch. 38, par. 81‑31.1) Sec. 11.1. (a) The payment or receipt of a referral fee in connection
with the performance of an abortion is a Class 4 felony. (b) For purposes of this Section, "referral fee" means the transfer of
anything of value between a doctor who performs an abortion or an operator
or employee of a clinic at which an abortion is performed and the person
who advised the woman receiving the abortion to use the services of that
doctor or clinic. (Source: P.A. 81‑1119.)
(720 ILCS 510/12)(from Ch. 38, par. 81‑32) Sec. 12. The dead fetus and all tissue removed at the time of abortion
shall be submitted for a gross and microscopic analysis and tissue report
to a board eligible or certified pathologist as a matter of record in all
cases. The results of the analysis and report shall be given to the
physician who performed the abortion within 7 days of the abortion and such
physician shall report any complications relevant to the woman's medical
condition to his patient within 48 hours of receiving a report if possible.
Any evidence of live birth or of viability shall be reported within 7 days,
if possible, to the Department by the pathologist. Intentional failure of
the pathologist to report any evidence of live birth or of viability to the
Department is a Class B misdemeanor. (Source: P.A. 83‑1128.)
(720 ILCS 510/12.1)(from Ch. 38, par. 81‑32.1) Sec. 12.1. Nothing in this Act shall prohibit the use of any tissues or
cells obtained from a dead fetus or dead premature infant whose death did
not result from an induced abortion, for therapeutic purposes or scientific,
research, or laboratory experimentation, provided that the written consent
to such use is obtained from one of the parents of such fetus or infant. (Source: P.A. 81‑884.)
(720 ILCS 510/13)(from Ch. 38, par. 81‑33) Sec. 13. No physician, hospital, ambulatory surgical center, nor
employee thereof, shall be required against his or its conscience
declared in writing to perform, permit or participate in any abortion,
and the failure or refusal to do so shall not be the basis for any
civil, criminal, administrative or disciplinary action, proceeding,
penalty or punishment. If any request for an abortion is denied, the
patient shall be promptly notified. (Source: P.A. 81‑1078.)
(720 ILCS 510/14)(from Ch. 38, par. 81‑34) Sec. 14. (1) If any provision, word, phrase or clause of this Act or the
application thereof to any person or circumstance shall be held invalid,
such invalidity shall not affect the provisions, words, phrases, clauses or
application of this Act which can be given effect without the invalid
provision, word, phrase, clause, or application, and to this end the
provisions, words, phrases, and clauses of this Act are declared to be
severable. (2) Within 60 days from the time this Section becomes law, the
Department shall issue regulations pursuant to Section 10. Insofar as
Section 10 requires registration under the "Vital Records Act", it shall
not take effect until such regulations are issued. The Department shall
make available the forms required under Section 10 within
30 days of the time this Section becomes law. No requirement that any person
report information to the Department
shall become effective until the Department has made available the forms
required under Section 10. All other provisions of this amended Law shall
take effect immediately upon enactment. (Source: P.A. 83‑1128.)
(720 ILCS 510/15)(from Ch. 38, par. 81‑35) Sec. 15. This Act shall be known and may be cited as the "Illinois
Abortion Law of 1975". (Source: P.A. 81‑1078.)
Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.