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Full Text of SB3921
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SB3921 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3921
Introduced 2/6/2026, by Sen. Terri Bryant
SYNOPSIS AS INTRODUCED:
New Act
Creates the Ultrasound Opportunity Act. Sets forth legislative
findings and definitions. Provides that at any facility where abortions
are performed, the physician who is to perform the abortion, the referring
physician, or another qualified person working in conjunction with either
physician shall offer any woman seeking an abortion after 8 weeks of
gestation an opportunity to receive and view an active ultrasound of her
unborn child by someone qualified to perform ultrasounds at the facility,
or at a facility listed in a listing of local ultrasound providers provided
by the facility, prior to the woman having any part of an abortion
performed or induced and prior to the administration of any anesthesia or
medication in preparation for the abortion. Provides that the requirements
of the Act shall not apply when, in the medical judgment of the physician
performing or inducing the abortion, there exists a medical emergency.
Contains a severability provision. Effective immediately.
LRB104 18706 BDA 32149 b
A BILL FOR
SB3921
LRB104 18706 BDA 32149 b
1
AN ACT concerning public health.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 1.
Short title.
This Act may be cited as the
5
Ultrasound Opportunity Act.
6
Section 5.
Legislative findings and purpose.
7
(a) The General Assembly finds as follows:
8
(1) Ultrasound requirements serve an essential medical
9
purpose in confirming the presence, location, and
10
gestational age of a pregnancy.
11
(2) Ultrasound requirements also serve an essential
12
medical purpose in diagnosing ectopic pregnancies, which,
13
if left undiagnosed, can result in infertility or even
14
fatal blood loss.
15
(3) Furthermore, it is critical to the psychological
16
and physical well-being of a woman considering an abortion
17
that she receive complete and accurate information on the
18
reality and status of her pregnancy and of her unborn
19
child.
20
(4) The decision to abort "is an important, and often
21
a stressful one, and it is desirable and imperative that
22
it be made with full knowledge of its nature and
23
consequences". Planned Parenthood v. Danforth, 428 U.S.
SB3921
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LRB104 18706 BDA 32149 b
1
52, 67 (1976).
2
(b) Based on the findings in subsection (a) of this
3
Section, the purposes of this Act are to:
4
(1) protect the physical health and welfare of every
5
woman considering an abortion;
6
(2) ensure that every woman considering an abortion
7
receive complete information on the reality and status of
8
her pregnancy and of her unborn child and that every woman
9
submitting to an abortion do so only after giving her
10
voluntary and informed consent to the abortion procedure;
11
(3) protect the unborn child from a woman's uninformed
12
decision to have an abortion; and
13
(4) reduce "the risk that a woman may elect an
14
abortion, only to discover later, with devastating
15
psychological consequences, that her decision was not
16
fully informed". Planned Parenthood v. Casey, 505 U.S.
17
833, 882 (1992).
18
Section 10.
Definitions.
As used in this Act, unless the
19
language or context clearly indicates a different meaning is
20
intended:
21
"Abortion" means the use of any instrument, medicine,
22
drug, or any other substance or device to terminate the
23
pregnancy of a woman known to be pregnant with an intention
24
other than to increase the probability of a live birth, to
25
preserve the life or health of the child after live birth, or
SB3921
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LRB104 18706 BDA 32149 b
1
to remove a dead fetus.
2
"Medical emergency" means a condition that, on the basis
3
of the physician's good faith clinical judgment, so
4
complicates the medical condition of a pregnant woman as to
5
necessitate the immediate abortion of her pregnancy to avert
6
her death or for which a delay will create serious risk of
7
substantial and irreversible impairment of major bodily
8
function.
9
"Physician" means any person licensed to practice medicine
10
in all its branches under the Medical Practice Act of 1987.
11
"Qualified person" means a person having documented
12
evidence that he or she has completed a course in the operation
13
of ultrasound equipment and is in compliance with any other
14
requirements of law regarding the operation of ultrasound
15
equipment.
16
Section 15.
Offer of ultrasound required.
17
(a) At any facility where abortions are performed, the
18
physician who is to perform the abortion, the referring
19
physician, or another qualified person working in conjunction
20
with either physician shall offer any woman seeking an
21
abortion after 8 weeks of gestation an opportunity to receive
22
and view an active ultrasound of her unborn child by someone
23
qualified to perform ultrasounds at the facility, or at a
24
facility listed in a listing of local ultrasound providers
25
provided by the facility, prior to the woman having any part of
SB3921
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LRB104 18706 BDA 32149 b
1
an abortion performed or induced, and prior to the
2
administration of any anesthesia or medication in preparation
3
for the abortion.
4
(b) The ultrasound shall be performed by a qualified
5
person or persons. The active ultrasound image must be of a
6
quality consistent with standard medical practice. The woman's
7
response to the offer must be documented by the facility,
8
including the date and time of the offer and the woman's
9
signature attesting to her informed decision to accept or
10
decline the offer.
11
Section 20.
Medical emergency.
The requirements under this
12
Act shall not apply when, in the medical judgment of the
13
physician performing or inducing the abortion based on the
14
particular facts of the case before him or her, there exists a
15
medical emergency.
16
Section 97.
Severability.
The provisions of this Act are
17
severable under Section 1.31 of the Statute on Statutes.
18
Section 99.
Effective date.
This Act takes effect upon
19
becoming law.
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