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Protect Women's Health! Oppose HB 984!
HB 984 amends all Illinois statutes with a definition of a so-called “born alive infant”. This definition applies to all stages of pregnancy – even before viability. It would apply under circumstances of natural labor, induced labor, cesarean section, or induced abortion. This legislation, as it interfaces with current Illinois law, could put liabilities on doctors and hospitals that provide obstetric care or abortion services to pregnant women.
Dear [ Decision Maker ] , I urge you to vote NO on HB 984. If HB 984 were to become law, it would severely hamper physicians who provide abortion services and other obstetric and gynecological care for Illinois women. The overly broad definition contained in HB 984 applies to any stage of pregnancy - including well before a fetus has any chance of sustained survival outside the uterus (the definition the United Sates Supreme Court has given to "viability"). HB 984 would not just apply to "late term" abortions, it could apply very early in pregnancy. This flies in the face of what the Supreme Court has found regarding a woman's right to choose. Because HB 984 amends a law that already exists, any physician who performs an abortion could be subject to criminal penalties. Other physicians may feel obligated to perform procedures that are riskier to women in order to avoid violation of HB 984. Ultimately, physicians will be intimidated from performing abortions in Illinois. But HB 984 goes beyond abortion. Because the definition in the bill applies also to natural or induced labor and cesarean section, concerns have arisen in prior House committee hearings that such a law would negatively impact obstetric care. A physician would be placed in a bind if he or she feels that the medical care he or she provides will result in a "born alive infant" who cannot be saved. Would the physician feel compelled to compromise the care of the woman in order to avoid potential liabilities of not providing all available, though futile, care to a "born alive infant" that is considered a person under Illinois law? Because the term "born alive infant" would be inserted into every state law, there are concerns that physicians and hospitals would feel obligated to provide medical care to a fetus even if it had absolutely no chance of survival - even against the wishes of the family to stop unnecessary and invasive medical interventions. This bill is extremely complex and would have a negative impact on medical care for Illinois women. The potential ramifications of HB 984 may be more far reaching than they seem. We must work to make sure that Illinois is a state where each woman can receive the best reproductive health care for her particular case. Again, I urge you to vote NO on HB 984.
Sincerely, |
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| Background Information |
HB 984 creates new provisions in Illinois law. Although the definition is similar to the federal legislation, HB 984 is NOT the same as the federal “Born Alive Infant Protection Act”. Its application would have a different impact on state abortion law.
The federal legislation is considered to be a restatement of existing federal law. It does not amend or change current Illinois law. Federal law does not regulate abortion practice as outlined in Illinois law. Therefore, it creates changes in state law that would impact the regulation of abortion in Illinois.
HB 984 amends the Statute on Statutes. HB 984 defines “born alive” to include any fetus at any stage of development - even before viability. The definition would apply to fetuses “born” as a result of natural or induced labor, cesarean section, or induced abortion. The definition would apply to any statute, rule or regulation using the terms “person”, “human being”, “child”, or “individual”.
HB 984 provides a “born alive” fetus rights as a person under the law by equating it with the terms “person”, “human being”, “child” and “individual”. The definition applies to pre-viable fetuses as well as those that are viable.
The U.S. Supreme Court has consistently rejected state attempts to expand the definition of viability. The minimal life signs outlined in this bill cannot be equated with viability. Some aspects of the definition can apply very early in the first trimester. This could chill physicians from providing abortions even early in pregnancy because they would be concerned about the ramifications of this new definition and its insertion into the Illinois Abortion Law.
HB 984 could pressure physicians into choosing abortion procedures that involve greater health risks to the woman because they are concerned about triggering the provisions of the bill. The United State Supreme Court has ruled that a woman’s health is a primary concern and should not be compromised.
Because the definition of born alive also applies to natural or induced labor, cesarean section, physicians may feel obligated to choose an alternative method of medical care that would not be in the best interests of the health and well-being of the woman in order to avoid risks to a potentially “born alive infant”.
The definition could be interpreted by physicians and hospitals as requiring medical care for newborns even if they have no chance of survival due to severe prematurity or severe anomalies – even if the family wants to stop medical intervention.
