HB4085ham004 97TH GENERAL ASSEMBLY

Rep. Kelly M. Cassidy

Filed: 2/22/2012

09700HB4085ham004 LRB097 15077 RPM 66351 a

AMENDMENT TO HOUSE BILL 4085

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

"Section 1. Short title. This Act may be cited as the Ultrasound and Erectile Dysfunction Information Opportunity Act.

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

(1) protect the physical health and welfare of every person considering an abortion or using prescription drugs for erectile dysfunction;

(2) ensure that every person considering abortion or using prescription drugs for erectile dysfunction receives complete information on the reality and status of their medical condition and that every person submitting to an abortion or using prescription drugs for erectile dysfunction do so only after giving his or her voluntary and informed consent; and

(3) reduce the risk that a person may elect to have an abortion or use prescription drugs to treat erectile dysfunction, only to discover later, that their decision was not fully informed.

Section 10. Definitions. Unless the language or context clearly indicates that a different meaning is intended, for the purpose of this Act the following words or phrases have the meanings 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 a 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 abortion procedures are performed, the physician who is to perform the medical abortion, the referring physician, or another qualified person working in conjunction with either physician shall offer any person seeking the abortion 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, prior to the person having any part of an abortion procedure performed, and prior to the administration of any anesthesia or medication in preparation for the abortion procedure.

(b) The ultrasound shall be performed by a qualified person or persons. The 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. Informed consent for prescription drugs to treat erectile dysfunction required.

(a) No medications for erectile dysfunction may be prescribed unless the man for whom the drugs are to be prescribed has given his voluntary and informed consent.

(b) Consent to a prescription for medications for erectile dysfunction is voluntary and informed if and only if prior to prescribing medications for erectile dysfunction the physician who is to prescribe medications for erectile dysfunction has, in person, orally and in writing informed the man of all of the following:

(1) The particular medical risks, if any, associated with the condition of erectile dysfunction.

(2) The medical risks associated with the particular medication that would be prescribed, including, but not limited to, the medical risks of heart problems, stroke, hearing loss, vision loss, and priapism.

(3) That erectile dysfunction medication may be dangerous if the man has:

(A) heart problems, including heart pain (angina), heart failure, abnormal heart rhythms (arrhythmias), or a recent heart attack;

(B) high or low blood pressure (hypertension or hypotension) that isn't controlled;

(C) a history of stroke;

(D) eye problems such as retinitis pigmentosa or blood relatives with certain eye problems; or

(E) sickle cell anemia, leukemia, or a health problem that can cause priaprism.

(4) The details of the medical or surgical method that would be used to treat priapism, stroke, cardiac arrest, vision loss, and hearing loss, including the offer to view a medically accurate video depicting treatment of priapism.

(c) Prior to prescribing medications for erectile dysfunction, the physician who is to prescribe medications for erectile dysfunction, the referring physician, or another qualified person working in conjunction with either physician shall offer any person seeking medication for erectile dysfunction an opportunity to receive diagnostic testing for heart problems, high or low blood pressure, vision problems, hearing problems, stroke, sickle cell anemia, leukemia, and health problems that can cause priapism.

(d) The provision of information and the offer of diagnostic testing must be documented by the person prescribing the medication, including the date and time of the prescription and the person's signature attesting to his informed decision to accept or decline the prescription.

Section 25. Reports.

(a) The Department of Public Health shall prepare and make available a reporting form to be submitted by each abortion facility and each person prescribing medications for erectile dysfunction to the Department annually.

(b) The form for recording ultrasound data shall provide for the collection of the following information:

(1) The number of women 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 abortion.

(2) The name of the facility.

(3) The date of the report.

(c) The form for recording informed consent prior to prescribing medications for erectile dysfunction data shall provide for the collection of the following information:

(1) The number of men who are provided the required oral and written information pursuant to this Act and the number who are 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 medications for erectile dysfunction.

(2) The name of the facility.

(3) The date of the report.

Section 30. Medical emergency. The requirements under this Act shall not apply when, in the medical judgment of the physician performing or inducing the abortion or prescribing medications for erectile dysfunction 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.".