* We’ve already talked a bit about HB3850…
Repeals the Reproductive Health Act. Creates the Illinois Abortion Law of 2019 containing the provisions of the Illinois Abortion Law of 1975 before its repeal by Public Act 101-13, as well as provisions defining “viability” to include when, in the medical judgment of the attending physician based on the particular facts of the case before the attending physician, the unborn child has a fetal heartbeat, and defining “fetal heartbeat” as the cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac.
* Mark Maxwell dives in…
House Republican Allen Skillicorn, who is mulling a 2020 Congressional campaign, filed the anti-abortion measure in Springfield to respond to what he called “truly appalling legislation.”
Skillicorn, a two-term representative from East Dundee, wrote in a statement, “It is now conceivable that a 14-year old girl lacking parental consent and advanced in her pregnancy could receive an abortion from a ‘health worker’ in a facility lacking minimum medical standards, as practitioner and facility licensing have been revoked. And if she would die due to negligence, no record of the death due to a botched abortion would be reported.”
“That is a complete disregard for reality,” [Rep. Kelly Cassidy, D-Chicago], who sponsored the bill in the House, said. “[Skillicorn] operates from a position that people are stupid and not smart enough to know the truth.” […]
The measure did also remove the state’s ability to grant special licenses to abortion clinics, but supporters say they did so as a precaution to eliminate so-called “trap laws” that were “put in place to close all abortion clinics,” Cassidy said. By removing the requirement for outpatient abortion clinics to seek a state license, the Reproductive Health Act prevents future legislatures or state agency directors from targeting a facility’s license as a means to revoke access to the procedure, similar to what is currently happening in the state of Missouri.
In this regard, Skillicorn’s hyperbolic hypothetical is a gross over-exaggeration, and not literally true. According to state law, doctors and facilities that perform abortions still have to be licensed medical practitioners and still must meet strict health, safety, and medical guidelines, just as any other surgeon, physician, or hospital have to comply with state and federal safety standards. The change in the law only removes an older provision that added an extra regulatory hurdle specifically for abortion procedures. Some smaller outpatient abortion facilities that provide abortion by injection or by pill may not have to be licensed as surgery centers, but the medical professionals performing the procedures still must be professionally trained and licensed.
Also, mandatory parental consent laws were declared unconstitutional in 1979.