Bill Text: IL HB0786 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Mental Health and Developmental Disabilities Code. Makes a technical change in a Section concerning the definition of "care and custody".

Spectrum: Moderate Partisan Bill (Republican 13-3)

Status: (Failed) 2013-01-08 - Session Sine Die [HB0786 Detail]

Download: Illinois-2011-HB0786-Amended.html

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Rep. Sara Feigenholtz

Filed: 3/29/2011

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AMENDMENT TO HOUSE BILL 786
AMENDMENT NO. ______. Amend House Bill 786 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Ultrasound Opportunity Act.
Section 5. Legislative purpose. The purposes of this Act is
to:
(1) protect the physical health and welfare of every
person considering a medical procedure;
(2) ensure that every person considering a medical
procedure receive complete information on the reality and
status of their medical condition and that every person
submitting to a medical procedure do so only after giving
her voluntary and informed consent to the medical
procedure; and
(3) reduce the risk that a person may elect to have a

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medical procedure, only to discover later, with
devastating psychological consequences, that their
decision was not fully informed.
Section 10. Definitions. Unless the language or context
clearly indicates a different meaning is intended, the
following words or phrases for the purpose of this Act shall be
given the meaning ascribed to them:
"Medical emergency" means a condition that, on the
basis of the physician's good faith clinical judgment, so
complicates the medical condition of person as to
necessitate immediate treatment to avert death or for which
a delay will create serious risk of substantial and
irreversible impairment of major bodily function.
"Physician" means any person licensed to practice
medicine in all its branches under the Medical Practice Act
of 1987.
"Qualified person" means a person having documented
evidence that he or she has completed a course in the
operation of ultrasound equipment and is in compliance with
any other requirements of law regarding the operation of
ultrasound equipment.
Section 15. Offer of ultrasound required.
(a) At any facility where medical procedures are performed
the physician who is to perform the medical procedure, the

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referring physician, or another qualified person working in
conjunction with either physician shall offer any person
seeking medical care, including, but not limited to, cardiac,
renal, liver, gallbladder, vascular, abdominal, obstetric,
gynecological, muscle, ligament, tendon, eye, testicle,
salivary gland, lymph node, breast, liver, kidney, and joint
diagnosis or treatment an opportunity to receive and view an
ultrasound by someone qualified to perform ultrasounds at the
facility, or at a facility listed in a listing of local
ultrasound providers provided by the facility, at least one
hour prior to the person having any part of a medical procedure
performed, and prior to the administration of any anesthesia or
medication in preparation for the medical procedure.
(b) The ultrasound shall be performed by a qualified person
or persons. The active ultrasound image must be of a quality
consistent with standard medical practice. The person's
response to the offer must be documented by the facility,
including the date and time of the offer and the person's
signature attesting to their informed decision to accept or
decline the offer.
Section 20. Reports. The Department of Public Health shall
prepare and make available a reporting form, to be submitted by
each facility that performs medical procedures to the
Department annually. The form shall provide for the collection
of the following information:

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(1) The number of individuals who chose to view an
ultrasound pursuant to this Act and the number who did not;
and of each of those numbers, the number who, to the best
of the reporting facility's information and belief, went on
to obtain the medical procedure.
(2) The name of the facility.
(3) The date of the report.
Section 25. Medical emergency. The requirements under this
Act shall not apply when, in the medical judgment of the
physician performing or inducing the medical procedure based on
the particular facts of the case before him or her, there
exists a medical emergency.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.".