S 3790 — Ultrasound Informed Consent Act

Summary

Ultrasound Informed Consent Act This bill requires abortion providers, as a condition of receiving federal funding, to conduct an ultrasound before performing an abortion. Specifically, before a woman gives informed consent to any part of an abortion, the abortion provider must perform an obstetric ultrasound on the pregnant woman; display the ultrasound images and make audible (when present) the heartbeat and related cardiac sounds for the woman to view and hear while simultaneously explaining the ultrasound depiction and the cardiac sounds; provide 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; and provide the woman with a copy of the ultrasound image. 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 caused by the pregnancy 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.

Bill Text

• Introduced Introduced in Senate Current html March 10, 2022

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill adds a new title to the Public Health Service Act establishing requirements for informed consent regarding abortions, including ultrasound provisions.

• 42 U.S.C. 201

  TITLE XXXIV--INFORMED CONSENT SEC. 3401. DEFINITIONS. In this title: (1) Abortion.--The term 'abortion' means the intentional use or prescription of any instrument, medicine, drug, substance, device, or method to terminate the life of an unborn child, or to terminate the pregnancy of a woman known to be pregnant, with an intention other than-- (A) to produce a live birth and preserve the life and health of the child after live birth; or (B) to remove an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child. (2) Abortion provider.--The term 'abortion provider' means any person legally authorized to perform an abortion. (3) Unborn child.--The term 'unborn child' means a member of the species homo sapiens, at any stage of development prior to birth. (4) Woman.--The term 'woman' means a female human being whether or not she has reached the age of majority.

  This creates a new definition section specifically related to informed consent for abortion procedures.

• 42 U.S.C. 201

  SEC. 3402. REQUIREMENT OF INFORMED CONSENT. (a) Requirement of Compliance by Providers.--Any abortion provider in or affecting interstate or foreign commerce, who knowingly performs any abortion, shall comply with the requirements of this title. (b) Performance and Review of Ultrasound.--Prior to a woman giving informed consent to having any part of an abortion performed, the abortion provider who is to perform the abortion, or an agent under the supervision of the provider, shall-- (1) perform an obstetric ultrasound on the pregnant woman; (2) provide a simultaneous explanation of what the ultrasound is depicting; (3) display the ultrasound images so that the pregnant woman may view them; (4) make audible the live, real-time heart auscultation, when present, for the pregnant woman to hear, in a quality consistent with current medical practice, and provide, in a manner understandable to a layperson, a simultaneous verbal explanation of the live, real-time heart auscultation; and (5) provide a complete medical description of the ultrasound images, which shall include all of the following: the dimensions of the embryo or fetus, cardiac activity if present and visible, and the presence of arms, legs, external members and internal organs if present and viewable, and provide a copy of the ultrasound image to the woman.

  This establishes detailed requirements for abortion providers regarding ultrasounds before performing abortion procedures.

• 42 U.S.C. 201

  SEC. 3403. EXCEPTION FOR MEDICAL EMERGENCIES. (a) Exception.--The provisions of section 3402 shall not apply to an abortion provider if the abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. (b) Certification.--Upon a determination by an abortion provider under subsection (a) that an abortion is necessary to save the life of a mother, such provider shall include in the medical file of the pregnant woman a truthful and accurate certification of the specific medical circumstances that support such determination.

  This provides an exception for abortion providers in medical emergencies concerning the mother's life.

• 42 U.S.C. 201

  SEC. 3404. PENALTIES FOR FAILURE TO COMPLY. (a) Civil Penalties.--(1) In general.--The Attorney General may commence a civil action in Federal court under this section against any abortion provider who knowingly commits an act constituting a violation of this title for a penalty in an amount not to exceed-- (A) $100,000 for each such violation that is adjudicated in the first proceeding against such provider under this title; and (B) $250,000 for each violation of this title that is adjudicated in a subsequent proceeding against such provider under this title. (2) Notification.--Upon the assessment of a civil penalty under paragraph (1), the Attorney General shall notify the appropriate State medical licensing authority. (b) Private Right of Action.--A woman upon whom an abortion has been performed in violation of this title may commence a civil action against the abortion provider for any violation of this title for actual and punitive damages.

  This section establishes civil penalties for abortion providers who fail to comply with the informed consent requirements.

Action History

1. March 10, 2022

   Introduced in Senate

2. March 10, 2022

   Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Sponsors

• Roger Marshall · Primary

Subjects