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Keepsake Ultrasound Legislation Introduced Into New Jersey State Assembly

by Barbara Kram, Editor | July 11, 2006
New Jersey is one of the first
states to address keepsake
ultrasound issue
A bill restricting sale or lease of certain diagnostic ultrasound equipment has been introduced into the New Jersey legislature. The bill was submitted in response to persons, most notably actor Tom Cruise, and so-called fetal keepsake studios, acquiring and using ultrasound equipment for nonmedical purposes without a physician's prescription or proper training.

Assembly Bill 3290 prohibits sale, lease, or distribution of an obstetric-gynecologic ultrasonic imager in the state to any person aside from entities such as licensed health care professionals, licensed health care facilities, dealers, distributors, manufacturer's representatives, banks, leasing companies, financial institutions, and educational or research facilities.

A person violating the provisions of this bill will be subject to a civil penalty ranging between $500-$1,000 collected by the Commissioner of Health and Senior Services. If the violation is of a continuing nature, each day during which it continues will be considered an additional, separate, and distinct offense.
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Ultrasound equipment is designated by the Food and Drug Administration as a prescription medical device and should be used only by properly trained personnel.

Ultrasound is generally considered safe when used by properly trained providers for medical purposes. Physicians routinely use ultrasound imaging to check the size, location, number, or age of fetuses in the womb; the presence of some types of birth defects; fetal movement; breathing; and heartbeat.

However, ultrasound should not be considered completely innocuous. Laboratory studies have shown that diagnostic levels of ultrasound can produce physical effects in tissue, such as mechanical vibrations and rise in temperature, particularly when used for a prolonged period of time.

The American College of Radiology applauds the efforts of the New Jersey legislature in pursuing this act. Similar legislation has been passed by the California state assembly and is under consideration in the California senate.