Posted:05/05/2004

Elective ultrasounds to be discontinued; Companies that offer fetal portraits agree not to advertise their services as entertainment

Alison Knezevich, AMERICAN-STATESMAN STAFF
08 April 2005
Austin American-Statesman
2005 Austin American Statesman

Sonograms should not be done solely for souvenirs, Texas Attorney General Greg Abbott says. Four ultrasound businesses, including one in Austin, have agreed not to advertise their services as entertainment or operate ultrasound equipment without physician oversight, Abbott announced Thursday. The businesses had offered fetal portraits and videos to pregnant women and their families without informing them that a prescription is required for such services, Abbott said.

"We're not trying to shut the businesses down. We're trying to get them to comply with the law," said Tom Kelley, a spokesman for Abbott. Under state and federal law, ultrasound imaging devices can be used only under the supervision and order of a doctor, he said. The doctor, who does not have to be present during an ultrasound, would in turn approve sonograms only for medical purposes.

Under the agreements, the businesses also cannot advertise their services as being for keepsake purposes. In Austin, Clearview Ultrasound on Parmer Lane was fined $2,000 and was ordered to pay attorney fees and for the investigation, Kelley said.

Clearview owners Kathy and Curt Dimmick could not be reached for comment Thursday. They said previously that they adhered to strict regulations, required a doctor's note before scanning and employed a medical doctor.

The other companies to reach agreements are Fetal Fotos in Frisco; Womb With a View in Arlington; and First Look Sonogram in Plano. Although ultrasound technology is not considered unsafe, its effects are not known when used for nonmedical purposes, said Tom Brinck, manager of the Drugs and Medical Devices Group at the Texas Department of State Health Services.

He said that some women request multiple scans at fetal portrait businesses throughout their pregnancies, and that numerous exposures could be unsafe when conducted by untrained people. "These devices are not toys by any means, and the use of them for entertainment has not really been evaluated," Brinck said.Kelley said other similar Texas businesses are under investigation, but he would not elaborate.

"These four came forward and agreed to work with us and hammer out the details without going to a full lawsuit," he said. The state health department turned over investigations of the businesses to Abbott in August. The U.S. Food and Drug Administration had previously urged states to look into keepsake sonogram businesses.