Illinois General Assembly - Full Text of HB4085
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Full Text of HB4085  97th General Assembly


Rep. Kelly M. Cassidy

Filed: 2/21/2012





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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 and Erectile Dysfunction Information Opportunity
7    Section 5. Legislative purpose. The purposes of this Act
8are to:
9    (1) protect the physical health and welfare of every person
10considering an abortion or using prescription drugs for
11erectile dysfunction;
12    (2) ensure that every person considering abortion or using
13prescription drugs for erectile dysfunction receives complete
14information on the reality and status of their medical
15condition and that every person submitting to an abortion or
16using prescription drugs for erectile dysfunction do so only



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1after giving his or her voluntary and informed consent; and
2    (3) reduce the risk that a person may elect to have an
3abortion or use prescription drugs to treat erectile
4dysfunction, only to discover later, that their decision was
5not fully informed.
6    Section 10. Definitions. Unless the language or context
7clearly indicates that a different meaning is intended, for the
8purpose of this Act the following words or phrases have the
9meanings ascribed to them:
10    "Medical emergency" means a condition that, on the basis of
11the physician's good faith clinical judgment, so complicates
12the medical condition of a person as to necessitate immediate
13treatment to avert death or for which a delay will create
14serious risk of substantial and irreversible impairment of
15major bodily function.
16    "Physician" means any person licensed to practice medicine
17in all its branches under the Medical Practice Act of 1987.
18    "Qualified person" means a person having documented
19evidence that he or she has completed a course in the operation
20of ultrasound equipment and is in compliance with any other
21requirements of law regarding the operation of ultrasound
23    Section 15. Offer of ultrasound required.
24    (a) At any facility where abortion procedures are



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1performed, the physician who is to perform the medical
2abortion, the referring physician, or another qualified person
3working in conjunction with either physician shall offer any
4person seeking the abortion an opportunity to receive and view
5an ultrasound by someone qualified to perform ultrasounds at
6the facility, or at a facility listed in a listing of local
7ultrasound providers provided by the facility, prior to the
8person having any part of an abortion procedure performed, and
9prior to the administration of any anesthesia or medication in
10preparation for the abortion procedure.
11    (b) The ultrasound shall be performed by a qualified person
12or persons. The ultrasound image must be of a quality
13consistent with standard medical practice. The person's
14response to the offer must be documented by the facility,
15including the date and time of the offer and the person's
16signature attesting to their informed decision to accept or
17decline the offer.
18    Section 20. Informed consent for prescription drugs to
19treat erectile dysfunction required.
20    (a) No medications for erectile dysfunction may be
21prescribed unless the man for whom the drugs are to be
22prescribed has given his voluntary and informed consent.
23    (b) Consent to a prescription for medications for erectile
24dysfunction is voluntary and informed if and only if prior to
25prescribing medications for erectile dysfunction the physician



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1who is to prescribe medications for erectile dysfunction has,
2in person, orally and in writing informed the man of all of the
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
2dysfunction, the physician who is to prescribe medications for
3erectile dysfunction, the referring physician, or another
4qualified person working in conjunction with either physician
5shall offer any person seeking medication for erectile
6dysfunction an opportunity to receive diagnostic testing for
7heart problems, high or low blood pressure, vision problems,
8hearing problems, stroke, sickle cell anemia, leukemia, and
9health problems that can cause priapism.
10    (d) The provision of information and the offer of
11diagnostic testing must be documented by the person prescribing
12the medication, including the date and time of the prescription
13and the person's signature attesting to his informed decision
14to accept or decline the prescription.
15    Section 25. Reports.
16    (a) The Department of Public Health shall prepare and make
17available a reporting form to be submitted by each abortion
18facility and each person prescribing medications for erectile
19dysfunction to the Department annually.
20    (b) The form for recording ultrasound data shall provide
21for 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
5prescribing medications for erectile dysfunction data shall
6provide 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.
15    Section 30. Medical emergency. The requirements under this
16Act shall not apply when, in the medical judgment of the
17physician performing or inducing the abortion or prescribing
18medications for erectile dysfunction based on the particular
19facts of the case before him or her, there exists a medical
21    Section 97. Severability. The provisions of this Act are
22severable under Section 1.31 of the Statute on Statutes.".