ILLINOIS — A controversial Illinois bill would allow abortion drugs to remain legal and accessible in the state even if the U.S. Food and Drug Administration (FDA) revokes their approval — as long as the World Health Organization (WHO) still supports their use.
The measure, HB3637, has passed both chambers of the Illinois General Assembly and awaits the signature of Gov. JB Pritzker, who is expected to sign it into law. Supporters say the legislation preserves reproductive access in the face of shifting federal politics, while critics argue it undermines national safety protocols.
WHO Approval Would Override FDA Decisions
Introduced by Rep. Dagmara Avelar (D-Bolingbrook), the bill states that if a drug was approved by the FDA before January 1, 2025, and later loses that approval, it can still be used in Illinois as long as it is recommended by the WHO.
This provision is seen by critics as a direct rejection of federal regulatory authority, potentially turning Illinois into a policy outlier. As noted in Illinois Family Institute, the concern is not limited to abortion access, but the precedent of delegating drug safety oversight to a global entity.
Bill Shields Providers with Out-of-State Disciplinary Records
Beyond drug approval, HB3637 includes language to protect medical providers who have been sanctioned or had licenses revoked in other states — as long as their actions were lawful under Illinois standards.
This fits within a broader trend of “shield laws” that some blue states have enacted to protect abortion providers from potential legal threats — particularly in cases involving medication abortion and telehealth services that cross state lines.
Republican Opposition Warns of Health Risks and Sovereignty Concerns
Rep. Bill Hauter (R-Morton), a physician, voiced strong opposition to the bill during floor debate, warning that it bypasses critical safety checks in the name of ideological posturing.
“We have to stop this sort of breaking down all of the safety mechanisms we have around abortion,” Hauter said.
“Do not reject the authority of the U.S. Food and Drug Administration. This is an important safety mechanism.”
His concerns echo similar criticisms from national watchdog groups like the National Right to Life Committee, who warn the bill could allow drugs with known risks to remain available in Illinois, without proper FDA oversight.
Advocates Say the Law Defends Abortion Access
Proponents of the legislation argue that abortion rights are under federal threat, especially with the U.S. potentially leaving the WHO in 2026 under a Trump executive order. They see HB3637 as a preemptive safeguard in case future federal administrations roll back access to medication abortion, such as mifepristone.
Supporters also say the bill protects patients and physicians from legal instability and helps maintain continuity of care for Illinois residents.
Awaiting the Governor’s Signature
The bill passed along party lines in both chambers during the spring legislative session and now awaits final approval from Gov. Pritzker, a staunch defender of reproductive rights.
If signed, Illinois would become the first state to codify WHO medical authority into its abortion drug policy — a move likely to spark ongoing debate about states’ rights, public health regulation, and international influence in domestic lawmaking.
Do you support Illinois relying on WHO drug guidance over the FDA’s rulings? Join the conversation at ChicagoSuburbanFamily.com.
