1.
This Act may be cited as the
Informed Choice Act
.
2.
Grants for purchase of ultrasound equipment
(a)
The Secretary of Health and
Human Services may make grants for the purchase of ultrasound equipment. Such
ultrasound equipment shall be used by the recipients of such grants to provide,
under the direction and supervision of a licensed medical physician, free
ultrasound examinations to pregnant women needing such services.
(b)
An entity may receive a grant
under subsection (a) only if the entity meets the following conditions:
(1)
The entity is a nonprofit
private organization that is approved by the Internal Revenue Service as a
tax-exempt entity under section 501(c)(3) of the Internal Revenue Code of
1986.
(2)
The entity operates as a
community based pregnancy help medical clinic, as defined in subsection
(f).
(3)
The entity provides medical
services to pregnant women under the guidance and supervision of a physician
who serves as the medical director of the clinic and is duly licensed to
practice medicine in the State in which the entity is located.
(4)
The entity is legally
qualified to provide such medical services to pregnant women and is in
compliance with all Federal, State, and local requirements for the provision of
such services.
(5)
The entity agrees to comply
with the following medical procedures:
(A)
Each pregnant woman upon whom
the ultrasound equipment is used will be shown the visual image of the fetus
from the ultrasound examination and will be given a general anatomical and
physiological description of the characteristics of the fetus.
(B)
Each pregnant women will be
given, according to the best medical judgment of the physician performing the
ultrasound examination or the physician’s agent performing such exam, the
approximate age of the embryo or fetus considering the number of weeks elapsed
from the probable time of the conception of the embryo or fetus, based upon the
information provided by the client as to the time of her last menstrual period,
her medical history, a physical examination, or appropriate laboratory
tests.
(C)
Each pregnant woman will be
given information on abortion and alternatives to abortion such as childbirth
and adoption and information concerning public and private agencies that will
assist in those alternatives.
(D)
The entity will obtain and
maintain medical malpractice insurance in an amount not less than $1,000,000,
and such insurance will cover all activities relating to the use of the
ultrasound machine purchased with the grant under subsection (a).
(6)
The entity does not receive
more than 30 percent of its gross annual revenue from a single source or
donor.
(c)
Limitation on individual grant amount
No grant under subsection (a)
may be made in an amount that exceeds an amount equal to 50 percent of the
purchase price cost of the ultrasound machine involved, or $20,000, whichever
is less.
(d)
A grant may be made under
subsection (a) only if an application for the grant is submitted to the
Secretary and the application is in such form, is made in such manner, and
contains such agreements, assurances, and information as the Secretary
determines to be necessary to carry out this section.
(e)
Annual report to Secretary
A grant may be made under
subsection (a) only if the applicant for the grant agrees to report on an
annual basis to the Secretary, in such form and manner as the Secretary may
require, on the ongoing compliance of the applicant with the eligibility
conditions established in subsection (b).
(f)
For purposes of this
Act:
(1)
The term community
based pregnancy help medical clinic means a facility that—
(A)
provides free medical
services to pregnant women under the supervision and direction of a licensed
physician who serves as the medical director for such clinic; and
(B)
does not charge for any
services rendered to its clients, whether or not such services are for
pregnancy or nonpregnancy related matters.
(2)
The term
Secretary means the Secretary of Health and Human Services.
(g)
Authorization of appropriations
For the purpose of carrying
out this section, there are authorized to be appropriated $3,000,000 for fiscal
year 2006, and such sums as may be necessary for each of the fiscal years 2007
through 2009.