Rep. Sara Feigenholtz
Filed: 4/6/2011
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 786




2    AMENDMENT NO. ______. Amend House Bill 786, AS AMENDED, by 
3replacing everything after the enacting clause with the 
4following:

 
5    "Section 1. Short title. This Act may be cited as the 
6Ultrasound Opportunity Act.
 
7    Section 5. Legislative purpose. The purposes of this Act is 
8to:
9        (1) protect the physical health and welfare of every 
10    person considering a medical procedure;
11        (2) ensure that every person considering a medical 
12    procedure receive complete information on the reality and 
13    status of their medical condition and that every person 
14    submitting to a medical procedure do so only after giving 
15    her voluntary and informed consent to the medical 
16    procedure; and
 
 
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1        (3) reduce the risk that a person may elect to have a 
2    medical procedure, only to discover later, with 
3    devastating psychological consequences, that their 
4    decision was not fully informed.
 
5    Section 10. Definitions.  Unless the language or context 
6clearly indicates a different meaning is intended, the 
7following words or phrases for the purpose of this Act shall be 
8given the meaning ascribed to them:
9        "Medical emergency" means a condition that, on the 
10    basis of the physician's good faith clinical judgment, so 
11    complicates the medical condition of person as to 
12    necessitate immediate treatment to avert death or for which 
13    a delay will create serious risk of substantial and 
14    irreversible impairment of major bodily function.
15        "Physician" means any person licensed to practice 
16    medicine in all its branches under the Medical Practice Act 
17    of 1987.
18        "Qualified person" means a person having documented 
19    evidence that he or she has completed a course in the 
20    operation of ultrasound equipment and is in compliance with 
21    any other requirements of law regarding the operation of 
22    ultrasound equipment.

 
23    Section 15. Offer of ultrasound required.
24    (a) At any facility where medical procedures are performed 
 
 
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1the physician who is to perform the medical procedure, the 
2referring physician, or another qualified person working in 
3conjunction with either physician shall offer any person 
4seeking medical care, including, but not limited to, cardiac, 
5renal, liver, gallbladder, vascular, abdominal, obstetric,  
6gynecological, muscle, ligament, tendon, eye, testicle, 
7salivary gland, lymph node, breast, liver, kidney, and joint  
8diagnosis or treatment an opportunity to receive and view an 
9ultrasound by someone qualified to perform ultrasounds at the 
10facility, or at a facility listed in a listing of local 
11ultrasound providers provided by the facility, at least one 
12hour prior to the person having any part of a medical procedure 
13performed, and prior to the administration of any anesthesia or 
14medication in preparation for the medical procedure.
15    (b) The ultrasound shall be performed by a qualified person 
16or persons. The active ultrasound image must be of a quality 
17consistent with standard medical practice. The person's 
18response to the offer must be documented by the facility, 
19including the date and time of the offer and the person's 
20signature attesting to their informed decision to accept or 
21decline the offer.

 
22    Section 20. Reports. The Department of Public Health shall 
23prepare and make available a reporting form, to be submitted by 
24each facility that performs medical procedures to the 
25Department annually. The form shall provide for the collection 
 
 
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1of the following information:
2        (1) The number of individuals who chose to view an 
3    ultrasound pursuant to this Act and the number who did not; 
4    and of each of those numbers, the  number who, to the best 
5    of the reporting facility's information and belief, went on 
6    to obtain the medical procedure.
7        (2) The name of the facility.
8        (3) The date of the report.



 
9    Section 25. Medical emergency. The requirements under this 
10Act shall not apply when, in the medical judgment of the 
11physician performing or inducing the medical procedure based on 
12the particular facts of the case before him or her, there 
13exists a medical emergency.
 
14    Section 97. Severability. The provisions of this Act are 
15severable under Section 1.31 of the Statute on Statutes.
 
 
16    Section 99. Effective date. This Act takes effect upon 
17becoming law.".