Current Legislation
In Illinois, free standing abortion clinics can – but are not required to – seek one of two kinds of licenses: an Ambulatory Surgical Treatment Center (ASTC) license or a Pregnancy Termination Specialty Center (PTSC) license. Once a license is obtained, the Illinois Department of Public Health (IDPH) is responsible for conducting regular health and sanitary inspections in the licensed women’s clinics.
The IDPH is not required by law to conduct health and sanitary inspections in unlicensed women’s clinics even if those clinics insert surgical tools into sterile areas of women’s bodies during procedures. Therefore, numerous clinics go uninspected.
TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER b: HOSPITAL AND AMBULATORY CARE FACILITIES
PART 205 AMBULATORY SURGICAL TREATMENT CENTER LICENSING REQUIREMENTS
According to the Definitions Section of the Ambulatory Surgical Treatment Center Licensing Requirements found in the Illinois Department’s Administrative Code, an abortion clinic is considered an ASTC only if surgical procedures constitute more than 50% of the activities at that facility.
Section 205.710 Pregnancy Termination Specialty Centers
According to the Pregnancy Terminations Specialty Centers section of the Administrative Code, a facility is considered a PTSC if it meets each of the following requirements:
1. Procedures performed at the facility are limited to procedures to terminate pregnancy performed within 18 weeks assessed gestational age (beginning on the first day of the last menstrual period), and other gynecologic procedures related to the termination of pregnancy. Assessed gestational age may be determined by patient history or by clinical assessment.
2. The center does not use general, epidural, or spinal anesthesia for any of the procedures performed. If intravenous sedation is used, mechanical ventilation devices and intubation equipment shall be available on site.
3. The program narrative and policies of the facility are limited to the performance of procedures to terminate pregnancy and other procedures related to the termination of pregnancy.
The Loopholes
Planned Parenthood clinics and other abortion clinics get away with not being regulated and inspected by claiming that surgical abortions make up less than 50% of what they do, and therefore they are not considered ASTC’s.
Furthermore, even if a clinic qualifies as an ASTC, those clinics are still only subject to the lowered standards of Pregnancy Termination Specialty Centers (as opposed to all other ASTC’s, such as foot or eye care clinics).
Proposed Legislation
Two identical bills have been introduced in the 100th General Assembly by Rep. Sheri Jesiel, requiring any ASTC to be regulated and inspected if they do 50 or more abortions per year. Click the links below to see the full text of the bills:
Short Description: ASTC-PREGNANCY TERMINATION CTR
Synopsis as introduced: “Amends the Ambulatory Surgical Treatment Center Act. Provides for the licensure of pregnancy termination specialty centers. Defines “pregnancy termination specialty center” as a facility that performs 50 or more surgical abortions in one calendar year. Provides that the definition of “ambulatory surgical treatment center” does not include a pregnancy termination specialty center. Contains certain requirements for pregnancy termination specialty centers. Provides that certain requirements pertaining to ambulatory surgical treatment centers do not apply to pregnancy termination specialty centers. Provides that the provisions of the Act apply to pregnancy termination specialty centers, but if a provision of the Act is in conflict with a provision concerning pregnancy termination specialty centers, then the provision concerning pregnancy termination specialty centers shall control. Requires the Department of Public Health to annually conduct at least one unannounced inspection of each pregnancy termination specialty center. Contains provisions requiring the notification of patients if the Department finds a violation of the Act that could threaten patients’ health. Effective immediately.”
Short Description: PREGNANCY TERMINATION CENTERS
Synopsis As Introduced: “Amends the Ambulatory Surgical Treatment Center Act. Provides for the licensure of pregnancy termination specialty centers. Defines “pregnancy termination specialty center” as a facility that performs 50 or more surgical abortions in one calendar year. Provides that the definition of “ambulatory surgical treatment center” does not include a pregnancy termination specialty center. Contains certain requirements for pregnancy termination specialty centers. Provides that certain requirements pertaining to ambulatory surgical treatment centers do not apply to pregnancy termination specialty centers. Provides that the provisions of the Act apply to pregnancy termination specialty centers, but if a provision of the Act is in conflict with a provision concerning pregnancy termination specialty centers, then the provision concerning pregnancy termination specialty centers shall control. Requires the Department of Public Health to annually conduct at least one unannounced inspection of each pregnancy termination specialty center. Contains provisions requiring the notification of patients if the Department finds a violation of the Act that could threaten patients’ health. Effective immediately.”
LATEST UPDATE: Both bills have been sent to committee and died.