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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.
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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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