The proposed legislation impacts existing public health laws by creating a federally mandated standard for pre-abortion procedures. It falls under the Public Health Service Act and amends it to add rules regarding informed consent. The bill allows for civil actions to be taken against abortion providers who do not comply with the requirements, establishing penalties that could reach up to $250,000 for repeat violations. While the bill does provide an exemption for cases deemed necessary to save the life of the mother, it intensifies the scrutiny and procedural requirements surrounding abortion access.
Summary
House Bill 7031, known as the ‘Ultrasound Informed Consent Act,’ mandates that women seeking an abortion receive an ultrasound and an opportunity to review the ultrasound images prior to providing informed consent for the procedure. The bill requires abortion providers to perform an obstetric ultrasound, display the images to the woman, and provide a comprehensive medical description of what is visible. This measure is intended to ensure women are fully informed about the potential realities of their pregnancies before deciding to proceed with an abortion.
Contention
Supporters of HB 7031 argue that providing women with clear information through ultrasound imagery will enhance informed consent, thereby promoting a more thoughtful decision-making process regarding abortions. However, critics highlight that the bill could force unwanted emotional distress on women and may lead to increased barriers in accessing reproductive healthcare. The enforcement mechanisms, including significant civil penalties for non-compliance, have raised concerns about potential implications for abortion providers, including the risk of litigation and financial penalties for what may be perceived as medically unnecessary delays.
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.
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)