If implemented, SB3609 would affect state laws concerning abortion practices by enforcing stricter informed consent requirements. Providers who fail to comply with the new regulations could face civil penalties ranging from $100,000 to $250,000 depending on previous violations. Additionally, the bill allows for civil actions to be initiated against providers who do not adhere to these requirements, empowering women and guardians of minors to seek damages for violations.
Summary
SB3609, known as the 'Woman’s Right To Know Act', mandates that women seeking abortions are fully informed about the medical risks associated with the procedure and the developmental characteristics of the unborn child before providing consent. The bill requires abortion providers to present an Informed Consent Authorization form at least 24 hours prior to the procedure, ensuring that women understand the implications of their choice. This act aims to increase transparency and possibly influence a woman’s decision-making process regarding abortion.
Contention
There are notable points of contention surrounding SB3609, primarily from organizations advocating for women's rights and reproductive health. Critics argue that the bill might serve to intimidate women and limit access to necessary healthcare services by imposing additional requirements on providers. They express concerns about the potential emotional distress that could arise from mandatory disclosures about fetal development, which may not align with every woman's situation or beliefs. Supporters assert that the act is essential for ensuring informed decision-making among women considering abortions.
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.