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IN THE SENATE
SENATE BILL NO. 1349
BY STATE AFFAIRS COMMITTEE
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AN ACT
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PROVIDERS, FACILITIES AND CLINICS THAT OFFER TO PERFORM CERTAIN UL-
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THE ADMINISTRATION OF ANESTHESIA OR CERTAIN MEDICATIONS, THE PHYSICIAN
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AN OBSTETRIC ULTRASOUND, TO REVISE PROVISIONS RELATING TO INFORMING THE
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PHYSICIAN SHALL SIGN AND DATE A CERTAIN STATEMENT, TO PROVIDE LANGUAGE
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THAT READS SUBSTANTIALLY AS A CERTAIN STATEMENT SHOULD READ, TO PROVIDE
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THAT THE PATIENT SHALL INITIAL, SIGN AND DATE THE STATEMENT, TO ESTAB-
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LISH PROVISIONS RELATING TO THE PRINT OF THE STATEMENT, TO ESTABLISH
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PROVISIONS LIMITING MATERIAL INCLUDED IN THE STATEMENT, TO PROVIDE FOR
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A COPY OF THE STATEMENT, TO PROVIDE FOR A SIGNATURE, TO PROVIDE A CORRECT
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CODE REFERENCE AND TO MAKE A TECHNICAL CORRECTION.
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amended to read as follows:
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18-609. PHYSICIANS AND HOSPITALS NOT TO INCUR CIVIL LIABILITY -- CON-
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prohibited by this act and any hospital or other facility described in sec-
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in the absence of negligence, incurring civil liability therefor to any per-
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son including, but not limited to, the pregnant patient and the prospective
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(2) In order to provide assistance in assuring that the consent to an
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and welfare shall publish easily comprehended, nonmisleading and medically
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accurate printed material to be made available at no expense to physicians,
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vices, and which shall contain the following:
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(a) Descriptions of the services available to assist a woman through
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a pregnancy, at childbirth and while the child is dependent, including
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adoption services, a comprehensive list of the names, addresses, and
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telephone numbers of public and private agencies that provide such ser-
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vices and financial aid available;
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(b) Descriptions of the physical characteristics of a normal fetus, de-
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scribed at two (2) week intervals, beginning with the fourth week and
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ending with the twenty-fourth week of development, accompanied by sci-
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entifically verified photographs of a fetus during such stages of de-
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velopment. The description shall include information about physiolog-
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ical and anatomical characteristics; and
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practices at the various stages of growth of the fetus and any reason-
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able foreseeable complications and risks to the mother, including those
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related to subsequent child bearing. childbearing;
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(d) A comprehensive list, compiled by the department of health and wel-
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fare, of health care providers, facilities, and clinics that offer to
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perform such ultrasounds free of charge and have contacted the depart-
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ment, annually, with a request to be included in the listing. The list
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shall be arranged geographically and shall include the name, address,
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hours of operation, and telephone number of each entity; and
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(e) A statement that the patient has a right to view an ultrasound imag-
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ing and to hear the heart tone monitoring of her unborn child and that
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she may be able to obtain one (1) free of charge. The statement must
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indicate that the printed materials required by this section contain a
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comprehensive list, compiled by the department of health and welfare,
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of health care providers, facilities, and clinics that offer to perform
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such ultrasounds free of charge.
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(3) (a) The department of health and welfare shall develop and maintain
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a stable internet website, that may be part of an existing website, to
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provide the information described in subsection (2) of this section. No
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information regarding persons using the website shall be collected or
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maintained. The department of health and welfare shall monitor the web-
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site on a weekly basis to prevent and correct tampering.
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(b) As used in this section, "stable internet website" means a website
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that, to the extent reasonably practicable, is safeguarded from having
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its content altered other than by the department of health and welfare.
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(c) When a pregnant patient contacts a physician by telephone or visit
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ment must provide the woman with the address of the state-sponsored in-
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ternet website on which the printed materials described in subsection
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(2) of this section may be viewed as required in subsection (2) of this
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section.
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attending physician's agent certifies in writing that the materials pro-
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vided by the director have been provided to the pregnant patient at least
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terials are not available from the director of the department of health and
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welfare, no certification shall be required. The attending physician, or
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the attending physician's agent, shall provide any other information re-
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quired under this act.
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(5) Prior to a patient giving informed consent to having any part of
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perform an obstetric ultrasound on the pregnant patient, using whichever
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method the physician and patient agree is best under the circumstances. All
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physicians or their agents who use ultrasound equipment in the performance
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the patient requests to view the ultrasound image, she shall be allowed to
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offer to provide the patient with a physical picture of the ultrasound image
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vide it if requested by the patient. In addition to providing the material,
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the attending physician may provide the pregnant patient with such other
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information which in the attending physician's judgment is relevant to the
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pregnancy to term.
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physician shall sign and date a statement indicating the time of day
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when the ultrasound test was performed and which reads substantially as
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follows:
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I performed an ultrasound test including fetal heartbeat on
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(insert name of patient) on (insert date and time) at (insert
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name of facility where ultrasound test was performed). At
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that time, the gestational age was determined to be (insert
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#) weeks and the heart rate was (not present or {insert #}
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beats per minute {mark one}). I informed her of her right to
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view the ultrasound (which she "accepted" or "refused" {mark
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one}). I informed her of her right to observe or hear the fe-
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tal heartbeat because auscultation was performed (which she
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"accepted" or "refused" or "no heartbeat was detected" {mark
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one}). I also offered to provide the patient with a physical
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picture of the ultrasound image of her unborn child prior to
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fused" {mark one}). (Print and sign name of person performing
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ultrasound test and insert date of signature and the time of
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day the test was performed.)
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(b) The patient shall initial each point of information, and must sign
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and date the statement.
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(c) The statement must be in bold print of at least twelve-point type
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and the document containing the statement must only include material
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which is necessary to carry out the purpose of this subsection. A copy
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of this statement shall be given to the patient, which shall be cer-
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tified by signature of the patient that she has received a copy of the
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statement.
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tification and delivery of the materials, the attending physician, or the
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attending physician's agent, shall cause to be delivered to the director of
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the department of health and welfare, a report signed by the attending physi-
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cian, preserving the patient's anonymity, denoting the medical emergency
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that excused compliance with the duty to deliver the materials. The director
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of the department of health and welfare shall compile the information annu-
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ally and report to the public the total number of abortions performed in the
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state where delivery of the materials was excused; provided that any infor-
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mation so reported shall not identify any physician or patient in any manner
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which would reveal their identities.
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performed and the pregnant patient is an adult and for any reason unable to
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give a valid consent thereto, the requirement for that pregnant patient's
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consent shall be met as required by law for other medical or surgical proce-
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dures and shall be determined in consideration of the desires, interests and
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welfare of the pregnant patient.
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(89) The knowing failure of the attending physician to perform any one
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(1) or more of the acts required under subsections (6) and (7) of this section
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civil penalty of one hundred dollars ($100) for each month or portion thereof
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that each such failure continues, payable to the vital statistics unit of
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the department of health and welfare, but such failure shall not constitute a
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criminal act.