BILL NUMBER: AB 2049	CHAPTERED  06/28/04

	CHAPTER  78
	FILED WITH SECRETARY OF STATE  JUNE 28, 2004
	APPROVED BY GOVERNOR  JUNE 28, 2004
	PASSED THE ASSEMBLY  JUNE 21, 2004
	PASSED THE SENATE  JUNE 14, 2004
	AMENDED IN SENATE  MAY 18, 2004
	AMENDED IN ASSEMBLY  MARCH 24, 2004
	AMENDED IN ASSEMBLY  MARCH 22, 2004

INTRODUCED BY   Assembly Member Nakanishi

                        FEBRUARY 17, 2004

   An act to add Article 4.5 (commencing with Section 123620) to
Chapter 2 of Part 2 of Division 106 of the Health and Safety Code,
relating to maternal and child health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2049, Nakanishi.  Fetal ultrasound.
   Under existing law, the State Department of Health Services is
required to maintain a program of maternal and child health, which is
administered by the department's Maternal and Child Health Branch.
Under existing law, the maternal and child health program includes,
among other subjects, pregnancy testing, perinatal health care, and
nutrition.
   This bill would require a person or facility that offers fetal
ultrasound, or a similar procedure, for keepsake or entertainment
purposes, to make a written disclosure to a client prior to
performing the procedure, that the federal Food and Drug
Administration does not approve the use of ultrasound equipment for
these purposes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The federal Food and Drug Administration (FDA) 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 all
of the following:
   (1) Diagnosing pregnancy.
   (2) Determining fetal age.
   (3) Diagnosing congenital abnormalities.
   (4) Evaluating position of the placenta.
   (5) Determining multiple pregnancies.
   (c) 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 untrained and unlicensed technicians,
often without a doctor's prescription.  In addition, women are
sometimes exposed to the ultrasound for longer than the time
specified by the FDA for fetal monitoring.
   (d) The FDA has disapproved 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.
  SEC. 2.  Article 4.5 (commencing with Section 123620) is added to
Chapter 2 of Part 2 of Division 106 of the Health and Safety Code, to
read:

      Article 45.  Fetal Ultrasound

   123620.  A person or facility that offers fetal ultrasound, or a
similar procedure, for keepsake or entertainment purposes, shall
disclose to a client prior to performing the procedure, in writing,
the following statement:  "The federal Food and Drug Administration
has determined that the use of medical ultrasound equipment for other
than medical purposes, or without a physician's prescription, is an
unapproved use."