Rep. Sara Feigenholtz
Filed: 2/22/2012
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 4085




2    AMENDMENT NO. ______. Amend House Bill 4085 by replacing 
3everything after the enacting clause with the following:

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

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

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



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