Illinois General Assembly - Full Text of HB0786
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Full Text of HB0786  97th General Assembly


Rep. Sara Feigenholtz

Filed: 4/6/2011





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2    AMENDMENT NO. ______. Amend House Bill 786, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 1. Short title. This Act may be cited as the
6Ultrasound Opportunity Act.
7    Section 5. Legislative purpose. The purposes of this Act is
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
6clearly indicates a different meaning is intended, the
7following words or phrases for the purpose of this Act shall be
8given 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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1the physician who is to perform the medical procedure, the
2referring physician, or another qualified person working in
3conjunction with either physician shall offer any person
4seeking medical care, including, but not limited to, cardiac,
5renal, liver, gallbladder, vascular, abdominal, obstetric,
6gynecological, muscle, ligament, tendon, eye, testicle,
7salivary gland, lymph node, breast, liver, kidney, and joint
8diagnosis or treatment an opportunity to receive and view an
9ultrasound by someone qualified to perform ultrasounds at the
10facility, or at a facility listed in a listing of local
11ultrasound providers provided by the facility, at least one
12hour prior to the person having any part of a medical procedure
13performed, and prior to the administration of any anesthesia or
14medication in preparation for the medical procedure.
15    (b) The ultrasound shall be performed by a qualified person
16or persons. The active ultrasound image must be of a quality
17consistent with standard medical practice. The person's
18response to the offer must be documented by the facility,
19including the date and time of the offer and the person's
20signature attesting to their informed decision to accept or
21decline the offer.
22    Section 20. Reports. The Department of Public Health shall
23prepare and make available a reporting form, to be submitted by
24each facility that performs medical procedures to the
25Department annually. The form shall provide for the collection



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1of 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
10Act shall not apply when, in the medical judgment of the
11physician performing or inducing the medical procedure based on
12the particular facts of the case before him or her, there
13exists a medical emergency.
14    Section 97. Severability. The provisions of this Act are
15severable under Section 1.31 of the Statute on Statutes.
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".