HB2492eng 94TH GENERAL ASSEMBLY

HB2492 Engrossed LRB094 09490 RXD 39741 b

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Ultrasound Administration Act.

Section 5. Legislative findings.

(a) The U.S. Food and Drug Administration defines ultrasound imaging as a diagnostic medical procedure that uses high frequency sound waves to produce diagnostic images, or sonograms, of organs, tissues, or blood flow inside the body.

(b) Ultrasound imaging has numerous legitimate uses, including, but not limited to, diagnosing pregnancy, determining fetal age, diagnosing congenital abnormalities, evaluating the position of the placenta, and determining multiple pregnancies.

(c) Women are sometimes exposed to ultrasound when it is not medically indicated or medically supervised. Facilities for performing fetal ultrasound for the purpose of providing parents with "keepsake videos", using the latest ultrasound technology to produce high-resolution images of babies developing in the womb, are gaining nationwide popularity. At these facilities, ultrasounds may be performed by individuals who do not have the appropriate medical training or supervision. These facilities often perform ultrasounds without the order or referral of a medical professional. In addition, women are sometimes exposed to the ultrasound for longer than the time specified by the U.S. Food and Drug Administration for fetal monitoring.

(d) The U.S. Food and Drug Administration has disapproved of the promotion, sale, or lease of ultrasound equipment for making "keepsake" fetal videos. This practice is also discouraged by the American Institute of Ultrasound in Medicine.

Section 10. Unauthorized ultrasound administration. A person shall not issue an order or referral for the administration of an ultrasound upon a pregnant woman unless he or she is: (i) licensed to practice medicine in all of its branches under the Illinois Medical Practice Act of 1987, (ii) licensed to practice as an advanced practice nurse under the Nursing and Advanced Practice Nursing Act, and has a collaborative agreement with a collaborating physician that authorizes an order or referral under this Act, or (iii) licensed to practice as a physician assistant under the Physician Assistant Practice Act of 1987, and has been delegated the authority to perform services under this Act by his or her supervising physician.

Section 15. Ultrasound administration; other purposes. An order or referral for the administration of an ultrasound subject to this Act shall not be issued for entertainment purposes or for any other purpose which is not warranted by the condition of the patient as determined by the treating physician, advanced practice nurse, or physician assistant.

Section 20. Violation. Any person, except a person authorized to issue an order or a referral pursuant to this Act, who administers an ultrasound upon a pregnant woman without an order or referral, shall be guilty of a Class A misdemeanor.