Full Text of HB0786 97th General Assembly
HB0786ham003 97TH GENERAL ASSEMBLY | 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 | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the | 6 | | Ultrasound Opportunity Act. | 7 | | Section 5. Legislative purpose. The purposes of this Act is | 8 | | to: | 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 | 6 | | clearly indicates a different meaning is intended, the | 7 | | following words or phrases for the purpose of this Act shall be | 8 | | given 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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| 1 | | the physician who is to perform the medical procedure, the | 2 | | referring physician, or another qualified person working in | 3 | | conjunction with either physician shall offer any person | 4 | | seeking medical care, including, but not limited to, cardiac, | 5 | | renal, liver, gallbladder, vascular, abdominal, obstetric, | 6 | | gynecological, muscle, ligament, tendon, eye, testicle, | 7 | | salivary gland, lymph node, breast, liver, kidney, and joint | 8 | | diagnosis or treatment an opportunity to receive and view an | 9 | | ultrasound by someone qualified to perform ultrasounds at the | 10 | | facility, or at a facility listed in a listing of local | 11 | | ultrasound providers provided by the facility, at least one | 12 | | hour prior to the person having any part of a medical procedure | 13 | | performed, and prior to the administration of any anesthesia or | 14 | | medication in preparation for the medical procedure. | 15 | | (b) The ultrasound shall be performed by a qualified person | 16 | | or persons. The active ultrasound image must be of a quality | 17 | | consistent with standard medical practice. The person's | 18 | | response to the offer must be documented by the facility, | 19 | | including the date and time of the offer and the person's | 20 | | signature attesting to their informed decision to accept or | 21 | | decline the offer.
| 22 | | Section 20. Reports. The Department of Public Health shall | 23 | | prepare and make available a reporting form, to be submitted by | 24 | | each facility that performs medical procedures to the | 25 | | Department annually. The form shall provide for the collection |
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| 1 | | of 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 | 10 | | Act shall not apply when, in the medical judgment of the | 11 | | physician performing or inducing the medical procedure based on | 12 | | the particular facts of the case before him or her, there | 13 | | exists a medical emergency. | 14 | | Section 97. Severability. The provisions of this Act are | 15 | | severable under Section 1.31 of the Statute on Statutes.
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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