HOUSE BILL 2354:
The so-called Reproductive Health and Access Act
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HB 2354 represents a RADICAL departure from current Illinois law regarding abortion, public funding of abortion, health care right of conscience, and “comprehensive” sex education.

NO REGULATION OF ABORTION OR EMERGENCY CONTRACEPTION
Section 15 of HB 2354 prohibits the state from ANY regulation of contraceptives, including Plan B and the morning-after pill, or abortion at any stage of pregnancy (using the broad and undefined health exception). The following regulations would be undone and forever prohibited:
- parental notification (IL has a parental notification statute);
- the prohibition on Partial Birth Abortion (upheld by the U.S. Supreme Court); and,
- the FDA requirement that minors obtain prescriptions for emergency contraceptive.

PUBLIC FUNDING OF ABORTION & EMERGENCY CONTRACEPTION
Section 20 of HB 2354 could require, or at least provide basis for court challenges seeking to require public funding of abortion via state medicaid assistance and/or state health insurance.

BROAD IMMUNITY PROTECTIONS
Section 25 of HB 2354 creates new, broad immunity protections for medical professionals performing abortion procedures.

REQUIRED “COMPREHENSIVE” SEX EDUCATION
Section 30 of HB 2354 requires all Illinois public schools offer “comprehensive” sex education.

UNDERMINES HEALTH CARE RIGHTS OF CONSCIENCE
Section 35 of HB 2354 undermines the Health Care Right of Conscience Act by forcing health care workers to materially participate in abortion procedures and/or distribute drugs or chemicals they object to by requiring them to help obtain those very procedures or drugs at any request. 

EXPANDED ANALYSIS

Section 15: Clearly, the enactment of HB 2354 would permanently unfetter and codify all abortion procedures at any stage of pregnancy! The language seems to allow for regulation after viability but the too broad “health” exception undermines even that!

Section 20: The language in this section, although vague, seeks to ensure any state medical assistance, including Medicaid and state health insurance plans, cover the costs of reproductive health care – “reproductive health care” is undefined in the bill but can be presumed to include abortion, Plan B, and the morning-after pill.

Section 25: This section of the bill grants immunity from both civil damages and criminal penalty to any medical profession involved in the termination of a pregnancy as long as that person acts in “good faith.” Not even the typical standard of wanton and willful misconduct is included.

Section 30: MANDATES every public school in the state to offer a “comprehensive” sex education program. No longer would local school districts be able to determine their
curriculums in this area; every public school student in the state would have to be enrolled in “comprehensive” sex education.

Section 35: The language here places overbearing and unreasonable demands on any health care professional who objects, based on religion or conscience, to any type of contraception service or abortion procedure. These demands include:

(1) the health care professional must give all their patients or their employer written notice of their religious beliefs or conscience objections;

(2) the health care professional must obtain or find someone in his or her place of employment willing to help the patient obtain the service or drug to which he or she objects (this constitutes material participation);
In addition to all this, Section 35 allows an employer to FIRE any health care employee having religious or conscience objections to abortion under a totally undefined standard of undue hardship!