Full Text of HB4085 97th General Assembly
HB4085ham001 97TH GENERAL ASSEMBLY | Rep. Kelly M. Cassidy Filed: 2/21/2012
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| 1 | | AMENDMENT TO HOUSE BILL 4085
| 2 | | AMENDMENT NO. ______. Amend House Bill 4085 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Ultrasound and Erectile Dysfunction Information Opportunity | 6 | | Act. | 7 | | Section 5. Legislative purpose. The purposes of this Act | 8 | | are to:
| 9 | | (1) protect the physical health and welfare of every person | 10 | | considering an abortion or using prescription drugs for | 11 | | erectile dysfunction; | 12 | | (2) ensure that every person considering abortion or using | 13 | | prescription drugs for erectile dysfunction receives complete | 14 | | information on the reality and status of their medical | 15 | | condition and that every person submitting to an abortion or | 16 | | using prescription drugs for erectile dysfunction
do so only |
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| 1 | | after giving his or her voluntary and informed consent; and | 2 | | (3) reduce the risk that a person may elect to have an | 3 | | abortion or use prescription drugs to treat erectile | 4 | | dysfunction, only to discover later, that their decision was | 5 | | not fully informed. | 6 | | Section 10. Definitions. Unless the language or context | 7 | | clearly indicates that a different meaning is intended, for the | 8 | | purpose of this Act the following words or phrases have the | 9 | | meanings ascribed to them: | 10 | | "Medical emergency" means a condition that, on the basis of | 11 | | the physician's good faith clinical judgment, so complicates | 12 | | the medical condition of a person as to necessitate immediate | 13 | | treatment to avert death or for which a delay will create | 14 | | serious risk of substantial and irreversible impairment of | 15 | | major bodily function. | 16 | | "Physician" means any person licensed to practice medicine | 17 | | in all its branches under the Medical Practice Act of 1987. | 18 | | "Qualified person" means a person having documented | 19 | | evidence that he or she has completed a course in the operation | 20 | | of ultrasound equipment and is in compliance with any other | 21 | | requirements of law regarding the operation of ultrasound | 22 | | equipment. | 23 | | Section 15. Offer of ultrasound required. | 24 | | (a) At any facility where abortion procedures are |
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| 1 | | performed, the physician who is to perform the medical | 2 | | abortion, the referring physician, or another qualified person | 3 | | working in conjunction with either physician shall offer any | 4 | | person seeking the abortion an opportunity to receive and view | 5 | | an ultrasound by someone qualified to perform ultrasounds at | 6 | | the facility, or at a facility listed in a listing of local | 7 | | ultrasound providers provided by the facility, prior to the | 8 | | person having any part of an abortion procedure performed, and | 9 | | prior to the administration of any anesthesia or medication in | 10 | | preparation for the abortion procedure. | 11 | | (b) The ultrasound shall be performed by a qualified person | 12 | | or persons. The ultrasound image must be of a quality | 13 | | consistent with standard medical practice. The person's | 14 | | response to the offer must be documented by the facility, | 15 | | including the date and time of the offer and the person's | 16 | | signature attesting to their informed decision to accept or | 17 | | decline the offer. | 18 | | Section 20. Informed consent for prescription drugs to | 19 | | treat erectile dysfunction required. | 20 | | (a) No medications for erectile dysfunction may be | 21 | | prescribed unless the man for whom the drugs are to be | 22 | | prescribed has given his voluntary and informed consent. | 23 | | (b) Consent to a prescription for medications for erectile | 24 | | dysfunction is voluntary and informed if and only if prior to | 25 | | prescribing medications for erectile dysfunction the physician |
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| 1 | | who is to prescribe medications for erectile dysfunction has, | 2 | | in person, orally and in writing informed the man of all of the | 3 | | following: | 4 | | (1) The particular medical risks, if any, associated | 5 | | with the condition of erectile dysfunction. | 6 | | (2) The medical risks associated with the particular | 7 | | medication that would be prescribed, including, but not | 8 | | limited to, the medical risks of heart problems, stroke, | 9 | | hearing loss, vision loss, and priapism. | 10 | | (3) That erectile dysfunction medication may be | 11 | | dangerous if the man has: | 12 | | (A) heart problems, including heart pain (angina), | 13 | | heart failure, abnormal heart rhythms (arrhythmias), | 14 | | or a recent heart attack; | 15 | | (B) high or low blood pressure (hypertension or | 16 | | hypotension) that isn't controlled; | 17 | | (C) a history of stroke; | 18 | | (D) eye problems such as retinitis pigmentosa or | 19 | | blood relatives with certain eye problems; or | 20 | | (E) sickle cell anemia, leukemia, or a health | 21 | | problem that can cause priaprism. | 22 | | (4) The details of the medical or surgical method that | 23 | | would be used to treat priapism, stroke, cardiac arrest, | 24 | | vision loss, and hearing loss, including the offer to view | 25 | | a medically accurate video depicting treatment of | 26 | | priapism. |
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| 1 | | (c) Prior to prescribing medications for erectile | 2 | | dysfunction, the physician who is to prescribe medications for | 3 | | erectile dysfunction, the referring physician, or another | 4 | | qualified person working in conjunction with either physician | 5 | | shall offer any person seeking medication for erectile | 6 | | dysfunction an opportunity to receive diagnostic testing for | 7 | | heart problems, high or low blood pressure, vision problems, | 8 | | hearing problems, stroke, sickle cell anemia, leukemia, and | 9 | | health problems that can cause priapism. | 10 | | (d) The provision of information and the offer of | 11 | | diagnostic testing must be documented by the person prescribing | 12 | | the medication, including the date and time of the prescription | 13 | | and the person's signature attesting to his informed decision | 14 | | to accept or decline the prescription. | 15 | | Section 25. Reports. | 16 | | (a) The Department of Public Health shall prepare and make | 17 | | available a reporting form to be submitted by each abortion | 18 | | facility and each person prescribing medications for erectile | 19 | | dysfunction to the Department annually. | 20 | | (b) The form for recording ultrasound data shall provide | 21 | | for the collection of the following information: | 22 | | (1) The number of women who chose to view an ultrasound | 23 | | pursuant to this Act and the number who did not; and of | 24 | | each of those numbers, the number who, to the best of the | 25 | | reporting facility's information and belief, went on to |
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| 1 | | obtain the abortion. | 2 | | (2) The name of the facility. | 3 | | (3) The date of the report. | 4 | | (c) The form for recording informed consent prior to | 5 | | prescribing medications for erectile dysfunction data shall | 6 | | provide for the collection of the following information: | 7 | | (1) The number of men who are provided the required | 8 | | oral and written information pursuant to this Act and the | 9 | | number who are not; and of each of those numbers, the | 10 | | number who, to the best of the reporting facility's | 11 | | information and belief, went on to obtain the medications | 12 | | for erectile dysfunction. | 13 | | (2) The name of the facility. | 14 | | (3) The date of the report.
| 15 | | Section 30. Medical emergency. The requirements under this | 16 | | Act shall not apply when, in the medical judgment of the | 17 | | physician performing or inducing the abortion or prescribing | 18 | | medications for erectile dysfunction based on the particular | 19 | | facts of the case before him or her, there exists a medical | 20 | | emergency. | 21 | | Section 97. Severability. The provisions of this Act are | 22 | | severable under Section 1.31 of the Statute on Statutes.".
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