HB0786ham003 97TH GENERAL ASSEMBLY

Rep. Sara Feigenholtz

Filed: 4/6/2011

09700HB0786ham003 LRB097 03614 RPM 54034 a

AMENDMENT TO HOUSE BILL 786

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

"Section 1. Short title. This Act may be cited as the Ultrasound Opportunity Act.

Section 5. Legislative purpose. The purposes of this Act is to:

(1) protect the physical health and welfare of every person considering a medical procedure;

(2) ensure that every person considering a medical procedure receive complete information on the reality and status of their medical condition and that every person submitting to a medical procedure do so only after giving her voluntary and informed consent to the medical procedure; and

(3) reduce the risk that a person may elect to have a medical procedure, only to discover later, with devastating psychological consequences, that their decision was not fully informed.

Section 10. Definitions. Unless the language or context clearly indicates a different meaning is intended, the following words or phrases for the purpose of this Act shall be given the meaning ascribed to them:

"Medical emergency" means a condition that, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of person as to necessitate immediate treatment to avert death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function.

"Physician" means any person licensed to practice medicine in all its branches under the Medical Practice Act of 1987.

"Qualified person" means a person having documented evidence that he or she has completed a course in the operation of ultrasound equipment and is in compliance with any other requirements of law regarding the operation of ultrasound equipment.

Section 15. Offer of ultrasound required.

(a) At any facility where medical procedures are performed the physician who is to perform the medical procedure, the referring physician, or another qualified person working in conjunction with either physician shall offer any person seeking medical care, including, but not limited to, cardiac, renal, liver, gallbladder, vascular, abdominal, obstetric, gynecological, muscle, ligament, tendon, eye, testicle, salivary gland, lymph node, breast, liver, kidney, and joint diagnosis or treatment an opportunity to receive and view an ultrasound by someone qualified to perform ultrasounds at the facility, or at a facility listed in a listing of local ultrasound providers provided by the facility, at least one hour prior to the person having any part of a medical procedure performed, and prior to the administration of any anesthesia or medication in preparation for the medical procedure.

(b) The ultrasound shall be performed by a qualified person or persons. The active ultrasound image must be of a quality consistent with standard medical practice. The person's response to the offer must be documented by the facility, including the date and time of the offer and the person's signature attesting to their informed decision to accept or decline the offer.

Section 20. Reports. The Department of Public Health shall prepare and make available a reporting form, to be submitted by each facility that performs medical procedures to the Department annually. The form shall provide for the collection of the following information:

(1) The number of individuals who chose to view an ultrasound pursuant to this Act and the number who did not; and of each of those numbers, the number who, to the best of the reporting facility's information and belief, went on to obtain the medical procedure.

(2) The name of the facility.

(3) The date of the report.

Section 25. Medical emergency. The requirements under this Act shall not apply when, in the medical judgment of the physician performing or inducing the medical procedure based on the particular facts of the case before him or her, there exists a medical emergency.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.".