Requires that notice and election form be provided to, the fetal heartbeat be made audible to, and ultrasound images be displayed for review by, a pregnant woman prior to an abortion. (8/1/12)
Impact
The bill modifies Louisiana's existing abortion statutes, aligning them with certain provisions upheld in Texas related to ultrasound requirements. It establishes new requirements that physicians must follow, emphasizing the importance of displaying ultrasound results and fetal heart activity as part of obtaining informed consent. Notably, it specifies exemptions for victims of rape or incest, allowing them to opt out of certain information provisions. Additionally, non-compliance with the bill's requirements could result in civil penalties and professional disciplinary action against the providers.
Summary
Senate Bill 708 (SB708) aims to enhance the informed consent process for women seeking abortions in Louisiana by mandating the performance of an obstetric ultrasound at least 24 hours prior to the procedure. This ultrasound must include displaying the images, making the fetal heartbeat audible, and providing a verbal explanation of the ultrasound’s results. The bill's intent is to ensure that women are fully informed about the pregnancy, including its gestational age and number of unborn children, which advocates argue supports informed decision-making around the option of abortion.
Sentiment
The sentiment surrounding SB708 is deeply divided along political and ideological lines. Supporters, primarily from the Republican party, advocate for the bill as a necessary step toward safeguarding fetal rights and enhancing women's understanding of their pregnancies. In contrast, opponents, including various Democratic lawmakers and women's rights groups, argue that the bill undermines a woman's autonomy and imposes unnecessary mental and emotional distress during a highly sensitive time. The debate reflects broader national discussions on reproductive rights and the role of the state in personal healthcare decisions.
Contention
Key points of contention revolve around the mandatory ultrasound and its implications. Critics argue that forcing women to view images of the fetus and hear the heartbeat can be emotionally coercive and may deter some women from pursuing the abortion. Furthermore, the legislation raises concerns about medical autonomy and the qualifications of individuals performing ultrasounds. The bill's linkage to previous legal decisions, particularly from Texas, has also drawn scrutiny regarding its effectiveness and adherence to constitutional protections for abortion rights.
Provides requirements for content and delivery of information regarding abortion in certain medical settings and revises criteria for voluntary and informed consent to an abortion (EN SEE FISC NOTE GF EX See Note)
Establishing the Kansas ultrasound act, requiring that an obstetric ultrasound be performed on a woman prior to an abortion, permitting a woman to avert her eyes from the ultrasound images, establishing civil and criminal penalties and providing an emergency exception to requirements of the act.
Establishing the Kansas ultrasound act, requiring that an obstetric ultrasound be performed on a woman prior to an abortion, permitting a woman to avert her eyes from the ultrasound images, establishing civil and criminal penalties and providing an emergency exception to requirements of the act.
To Amend The Right-to-know-and-see Act; And To Require An Abortion Provider Who Knowingly Performs Or Refers A Patient For An Abortion To Comply With The Right Of A Patient To View Ultrasound Images Before An Abortion.
Ultrasound Informed Consent ActThis bill requires abortion providers to conduct an ultrasound before performing an abortion.Specifically, before a woman gives informed consent to any part of an abortion, the abortion provider mustperform an obstetric ultrasound on the pregnant woman;provide a simultaneous explanation of what the ultrasound is depicting;display the ultrasound images so the woman may view them; andprovide a complete medical description of the images, including the dimensions of the embryo or fetus, cardiac activity if present and visible, and the presence of external members and internal organs if present and viewable.Providers are subject to civil actions and penalties for violations.The bill's ultrasound requirements do not apply in cases where a physical disorder, illness, or injury endangers a woman's life. A woman is also not required to view the ultrasound images; nor may she or the provider be penalized if she declines to do so.
To Amend The Right-to-know-and-see Act; And To Require An Abortion Provider Who Knowingly Performs Or Refers A Patient For An Abortion To Comply With The Right Of A Patient To View Ultrasound Images Before An Abortion.