Full Text of HB4085 97th General Assembly
HB4085ham005 97TH GENERAL ASSEMBLY | Rep. Naomi D. Jakobsson Filed: 2/22/2012
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| 1 | | AMENDMENT TO HOUSE BILL 4085
| 2 | | AMENDMENT NO. ______. Amend House Bill 4085 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Ultrasound Opportunity Act. | 6 | | Section 5. Legislative findings and purpose. | 7 | | (a) The General Assembly finds as follows: | 8 | | (1) Ultrasound requirements serve an essential medical | 9 | | purpose in confirming the presence, location, and | 10 | | gestational age of a pregnancy. | 11 | | (2) Ultrasound requirements also serve an essential | 12 | | medical purpose in diagnosing ectopic pregnancies that, if | 13 | | left undiagnosed, can result in infertility or even fatal | 14 | | blood loss. | 15 | | (3) Furthermore, it is critical to the psychological | 16 | | and physical well-being of a woman considering an abortion |
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| 1 | | that she receive complete and accurate information on the | 2 | | status of her pregnancy. | 3 | | (4) The decision to abort "is an important, and often a | 4 | | stressful one, and it is desirable and imperative that it | 5 | | be made with full knowledge of its nature and | 6 | | consequences". Planned Parenthood v. Danforth, 428 U.S. | 7 | | 52, 67 (1976).
| 8 | | (b) Based on the findings in subsection (a) of this | 9 | | Section, the purposes of this Act are to: | 10 | | (1) protect the physical health and welfare of every | 11 | | woman considering an abortion; | 12 | | (2) ensure that every woman considering an abortion | 13 | | receive complete information on the status of her pregnancy | 14 | | and that every woman submitting to an abortion do so only | 15 | | after giving her voluntary and informed consent to the | 16 | | abortion procedure; | 17 | | (3) reduce "the risk that a woman may elect an | 18 | | abortion, only to discover later, with devastating | 19 | | psychological consequences, that her decision was not | 20 | | fully informed". Planned Parenthood v. Casey, 505 U.S. 833, | 21 | | 882 (1992). | 22 | | Section 10. Definitions. Unless the language or context | 23 | | clearly indicates a different meaning is intended, the | 24 | | following words or phrases for the purpose of this Act shall be | 25 | | given the meaning ascribed to them: |
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| 1 | | "Abortion" means the use of any instrument, medicine, drug, | 2 | | or any other substance or device to terminate the pregnancy of | 3 | | a woman known to be pregnant with an intention other than to | 4 | | increase the probability of a live birth, to preserve the life | 5 | | or health of the child after live birth, or to remove a dead | 6 | | fetus. | 7 | | "Medical emergency" means a condition that, on the basis of | 8 | | the physician's good faith clinical judgment, so complicates | 9 | | the medical condition of a pregnant woman as to necessitate the | 10 | | immediate abortion of her pregnancy to avert her death or for | 11 | | which a delay will create serious risk of substantial and | 12 | | irreversible impairment of major bodily function. | 13 | | "Physician" means any person licensed to practice medicine | 14 | | in all its branches under the Medical Practice Act of 1987.
| 15 | | "Qualified person" means a person having documented | 16 | | evidence that he or she has completed a course in the operation | 17 | | of ultrasound equipment and is in compliance with any other | 18 | | requirements of law regarding the operation of ultrasound | 19 | | equipment. | 20 | | Section 15. Offer of ultrasound required.
| 21 | | (a) At any facility where abortions are performed the | 22 | | physician who is to perform the abortion, the referring | 23 | | physician, or another qualified person working in conjunction | 24 | | with either physician shall offer any woman seeking an abortion | 25 | | after 7 weeks of gestation an opportunity to receive and view |
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| 1 | | an ultrasound of her unborn child by someone qualified to | 2 | | perform ultrasounds at the facility, or at a facility listed in | 3 | | a listing of local ultrasound providers provided by the | 4 | | facility, prior to the woman having any part of an abortion | 5 | | performed or induced, and prior to the administration of any | 6 | | anesthesia or medication in preparation for the abortion. | 7 | | (b) Any ultrasound performed on a pregnant woman | 8 | | administered for the purpose of viewing a fetus must be | 9 | | performed by a qualified person. Any ultrasound on a pregnant | 10 | | woman administered for the purpose of viewing a fetus must be | 11 | | performed under an order or referral. A person shall not issue | 12 | | an order or referral for the administration of an ultrasound | 13 | | upon a pregnant woman unless he or she is (i) licensed to | 14 | | practice medicine in all of its branches as provided under the | 15 | | Medical Practice Act of 1987, (ii) licensed to practice as an | 16 | | advanced practice nurse as provided under the Nurse Practice | 17 | | Act, or (iii) licensed to practice as a certified nurse midwife | 18 | | as provided under the Nurse Practice Act. The ultrasound image | 19 | | must be of a quality consistent with standard medical practice. | 20 | | The woman's response to the offer must be documented by the | 21 | | facility, including the date and time of the offer and the | 22 | | woman's signature attesting to her informed decision to accept | 23 | | or decline the offer. | 24 | | Section 20. Reports. The Department of Public Health shall | 25 | | prepare and make available a reporting form, to be submitted by |
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| 1 | | each abortion facility to the Department annually. The form | 2 | | shall provide for the collection of the following information: | 3 | | (1) The number of women who chose to view an ultrasound | 4 | | of their unborn children pursuant to this Act and the | 5 | | number who did not; and of each of those numbers, the | 6 | | number who, to the best of the reporting facility's | 7 | | information and belief, went on to obtain the abortion. | 8 | | (2) The name of the facility. | 9 | | (3) The date of the report. | 10 | | Section 25. Medical emergency. The requirements under this | 11 | | Act shall not apply when, in the medical judgment of the | 12 | | physician performing or inducing the abortion based on the | 13 | | particular facts of the case before him or her, there exists a | 14 | | medical emergency. | 15 | | Section 97. Severability. The provisions of this Act are | 16 | | severable under Section 1.31 of the Statute on Statutes.".
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