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Bill Summary · HB 2622

Summary — HB 2622: Infant Born Alive Protection Act (Introduced 2025)

Note: The document provided also includes an unrelated Arizona amendment to A.R.S. §16‑937 (campaign‑finance filing penalties). The summary below covers the “Infant Born Alive Protection Act” text (Illinois bill introduced by Rep. Adam M. Niemerg).

Main purpose

Create statutory duties on physicians who perform abortions when a fetus has a reasonable likelihood or possibility of sustained survival outside the womb, to require use of methods most likely to preserve fetal life and to ensure immediate care for any infant born alive. The bill establishes criminal penalties for specified failures to act.

Key provisions

  • Method selection (Sections 5 & 20)

    • If, in the physician’s medical judgment, there is a reasonable likelihood or reasonable possibility of sustained survival of the fetus outside the womb (with or without artificial support), the physician must use the abortion method that, of those known to be available, is most likely to preserve the life and health of the fetus.
    • The physician must certify in writing (on a Department of Public Health form) the methods considered and reasons for the chosen method.
    • Intentional, knowing, or reckless violation is a Class 3 felony.

  • Additional physician and immediate care (Section 10)

    • No abortion shall be performed or induced when the fetus is viable unless another physician (not the one performing the abortion) is present to take control and provide immediate medical care for any child born alive as a result.
    • If a child is born alive, the attending physician must exercise the same professional skill, care, and diligence to preserve the life and health of that child as would be required for a live‑born child at the same gestational age.
    • Failure to arrange for the second physician or to provide required care (intentionally, knowingly, or recklessly) is a Class 3 felony.
    • The attendance requirement does not apply when, in the performing physician’s medical judgment, an emergency exists (text implies an emergency exception).

  • Legal status of born‑alive infants (Section 15)

    • States that a living organism of the species homo sapiens born alive is an “individual” under the state Criminal Code of 2012.

  • Maternal risk exception (Section 25)

    • The Act does not require a physician to use a method that, in their medical judgment, would increase medical risk to the mother.

  • Fetal pain disclosure (Section 30)

    • When (a) the fetus is viable, (b) there is reasonable medical certainty the method will cause organic pain to the fetus, and (c) an anesthetic/analgesic would abolish or alleviate that pain, the performing/referring physician (or agent) must inform the woman that such anesthetic/analgesic is available (if known to be available).
    • Failure to inform (when the physician knows an applicable anesthetic/analgesic is available) is a Class B misdemeanor.
    • Exceptions: medical emergency, or where the anesthetic/analgesic would decrease the possibility of sustained survival, or where an anesthetic/analgesic is already administered.

  • Rulemaking (Section 35)

    • Department of Public Health authorized to adopt rules necessary for administration and enforcement.

Who is affected

  • Physicians who perform or induce abortions, and referring physicians or their agents.
  • Abortion clinics and hospitals (staffing, documentation, protocols).
  • Pregnant patients undergoing abortion procedures (informed about available fetal analgesia when conditions met).
  • Potentially prosecutors and courts (criminal enforcement).

Penalties and enforcement

  • Class 3 felony for several specified violations (physician choice of method, failure to arrange/attend or provide required care). (Criminal penalties are those associated with a Class 3 felony under Illinois law.)
  • Class B misdemeanor for failing to inform a woman about fetal anesthetic/analgesic availability under specified conditions.
  • Department of Public Health to issue implementing rules and forms.

Practical implications and considerations

  • Much depends on physician medical judgment (terms like “reasonable likelihood/possibility” and “viable” are left to provider assessment), but the bill expressly attaches criminal liability to certain clinical decisions, potentially affecting clinical practice, documentation, staffing (requiring a second physician for viable‑fetus abortions), and institutional policies.
  • The maternal‑risk exception preserves physician discretion where a method would increase maternal risk.
  • Implementation will require DPH forms and rules; health care providers may need to update consent processes and emergency protocols.

Compiled from official sources — confirm details with the bill’s official record.

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