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SB 3921

ULTRASOUND OPPORTUNITY ACT

104th Regular Session Introduced by Neil Anderson and 3 co-sponsors

Require abortion providers to offer an active ultrasound view to patients after 8 weeks before abortion or anesthesia, with documented consent.

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Bill Summary · SB 3921

Executive Summary

SB 3921, the Ultrasound Opportunity Act, proposed for the Illinois General Assembly in the 104th session, would require certain abortion providers to offer an opportunity for the pregnant person to view an active ultrasound of the unborn child after 8 weeks gestation before an abortion is performed or before anesthesia or other medication is administered. The offer must be made by the physician performing the abortion, the referring physician, or a qualified person working with either physician. The act includes definitions, an emergency exception, and a severability clause, with an immediate effective date if enacted.

Purpose and Intent

  • To ensure that women seeking abortions receive immediate, voluntary, and informed access to an active ultrasound image of their unborn child before proceeding with an abortion.
  • To provide complete information about the pregnancy and fetus to support informed consent and decision-making.
  • To protect the health and welfare of women and to reduce potential psychological distress by ensuring awareness of the pregnancy’s status and development.

Key Provisions and Requirements

  • Definitions:
    • Abortion: termination of a pregnancy by any means, excluding later live birth outcomes and stillbirth considerations.
    • Medical emergency: a clinical condition requiring immediate abortion to avert death or substantial risk of irreversible harm.
    • Physician: a licensee under Illinois Medical Practice Act.
    • Qualified person: an individual who has completed a certified ultrasound operation course and meets applicable legal requirements.
  • Offer of ultrasound (Section 15):
    • At any facility where abortions are performed, the abortion physician, referring physician, or a qualified person working with either must offer an opportunity to receive and view an active ultrasound to the patient after 8 weeks of gestation.
    • The ultrasound must be performed by a qualified person or by someone at a facility listed in the facility’s local ultrasound provider listing.
    • The offer must occur prior to any part of the abortion and prior to administration of anesthesia or any medications intended to prepare for the abortion.
    • The offer’s date, time, and the patient’s informed decision (acceptance or refusal) must be documented, including the patient’s signature.
  • Ultrasound standards:
    • The ultrasound image must be active and of quality consistent with standard medical practice.
  • Emergency exception (Section 20):
    • Requirements do not apply in medical emergencies as determined by the physician’s good-faith clinical judgment.
  • Severability and effective date:
    • Provisions are severable.
    • The act takes effect immediately upon becoming law.

Who Is Affected

  • Pregnant individuals seeking abortions at Illinois facilities.
  • Physicians performing abortions and referring physicians.
  • Qualified ultrasound personnel employed by or affiliated with abortion facilities (or listed local ultrasound providers).
  • Abortion facilities that must maintain documentation of the ultrasound offer and patient responses.

Procedural and Timeline Aspects

  • Effective Date: Immediate upon becoming law (if enacted).
  • Implementation: Requires facilities to have processes to offer the ultrasound, ensure qualified personnel are available, and document the offer, patient response, and date/time.
  • Documentation: Mandatory recording of the offer, the patient’s decision to accept or decline, the date/time, and patient signature.

Potential Impacts and Considerations

  • Informed-consent enhancements: A formal process to present ultrasound information at an early stage (post-8 weeks) to support informed decision-making.
  • Operational requirements for facilities: Need for qualified ultrasound personnel and documentation workflows; potential scheduling and resource implications for providers.
  • Medical emergencies: Clear exception where the standard is not applicable in time-sensitive or life-threatening scenarios.
  • Legal and privacy considerations: Documentation and patient consent elements raise questions about records management and privacy protections.

Note: This summary reflects the introduced text and stated provisions. If enacted, the bill could undergo amendments that modify scope, definitions, or procedural requirements.

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

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