SB 25

Abstract

Amends the Mental Health and Developmental Disabilities Code. Provides that as soon as possible but not later than 24 hours, excluding Saturdays, Sundays and holidays, after emergency admission of a respondent to a mental health facility on an inpatient basis, the respondent shall be personally examined (rather than examined) by a psychiatrist. Provides that for the purpose of this provision, a personal examination includes an examination performed in real time (synchronous examination) via an Interactive Telecommunication System as defined in the Illinois Administrative Code. Senate Floor Amendment No. 1 Provides that an examination via an Interactive Telecommunication System may only be used for certification that the respondent is subject to involuntary admission when a psychiatrist is not on-site within the time period set forth in the Code. Provides that if the examination is performed via an Interactive Communication System, that fact shall be noted on the certificate. House Floor Amendment No. 1 Deletes reference to: 405 ILCS 5/3-610 Adds reference to: New Act 210 ILCS 5/6.1 rep. 410 ILCS 70/9 rep. 720 ILCS 510/Act rep. 720 ILCS 513/Act rep. 735 ILCS 5/11-107.1 rep. 745 ILCS 30/Act rep. 5 ILCS 375/6.11 20 ILCS 505/5 from Ch. 23, par. 5005 5 ILCS 140/7.5 55 ILCS 5/3-3013 from Ch. 34, par. 3-3013 210 ILCS 5/2 from Ch. 111 1/2, par. 157-8.2 210 ILCS 5/3 from Ch. 111 1/2, par. 157-8.3 215 ILCS 5/356z.4 215 ILCS 5/356z.4a new 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2 215 ILCS 165/10 from Ch. 32, par. 604 225 ILCS 60/22 from Ch. 111, par. 4400-22 225 ILCS 60/36 from Ch. 111, par. 4400-36 225 ILCS 65/65-35 was 225 ILCS 65/15-15 225 ILCS 65/65-43 225 ILCS 95/7.5 410 ILCS 535/1 from Ch. 111 1/2, par. 73-1 415 ILCS 5/56.1 from Ch. 111 1/2, par. 1056.1 720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2 720 ILCS 5/9-2.1 from Ch. 38, par. 9-2.1 720 ILCS 5/9-3.2 from Ch. 38, par. 9-3.2 720 ILCS 5/12-3.1 from Ch. 38, par. 12-3.1 735 ILCS 5/8-802 from Ch. 110, par. 8-802 745 ILCS 70/3 from Ch. 111 1/2, par. 5303 750 ILCS 65/15 from Ch. 40, par. 1015 Replaces everything after the enacting clause. 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. Balanced Budget Note, House Floor Amendment No. 1 (Office of Management and Budget) The Balanced Budget Note Act does not apply to this bill as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Land Conveyance Appraisal Note, House Floor Amendment No. 1 (Dept. of Transportation) No land conveyances are included in this bill; therefore, there are no appraisals to be filed. Fiscal Note, House Floor Amendment No. 1 (IL Environmental Protection Agency) This legislation will have no fiscal impact on the Illinois Environmental Protection Agency. Correctional Note, House Floor Amendment No. 1 (Dept of Corrections) There is no fiscal or population impact on the Department of Corrections. Pension Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) SB 25, as amended by HA 1 will not impact any public pension fund or retirement system in Illinois. State Debt Impact Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) SB 25, as amended by House Amendment 1, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. Fiscal Note, House Floor Amendment No. 1 (Department of Insurance) This legislation has no projected fiscal impact on the Illinois Department of Insurance. Judicial Note, House Floor Amendment No. 1 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.