Delaware 149th General Assembly (2017-2018) Status: In Committee 6 R cosponsors

SB 240 — AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE OFFER OF AN ULTRASOUND BEFORE TERMINATING A PREGNANCY.

Last action — Introduced and Assigned to Sunset Committee in Senate

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 149th General Assembly (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

This Act requires a physician to offer a patient ultrasound imaging and auscultation of fetal heart tone services before terminating a pregnancy and provides civil and criminal penalties for the failure of a physician to comply with this requirement. The patient is free to choose not to view the ultrasound or listen to the heartbeat. This Act is known as "The Woman's Ultrasound Right to Know Act."

Bill Text

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill requires physicians to offer ultrasound imaging and fetal heart tone auscultation before terminating a pregnancy, with penalties for noncompliance.

  • § 1794, Title 24

    A physician, or an agent of the physician, must offer the patient ultrasound imaging and auscultation of fetal heart tone services before terminating a pregnancy.

    This addition mandates that patients must be offered ultrasound imaging and fetal heart tone auscultation prior to an abortion.

  • § 1794, Title 24

    The ultrasound image and auscultation services offered must include all of the following: an active ultrasound image...that the patient may view and an auscultation of fetal heart tone...that the patient may hear.

    This specifies the requirements for the types of ultrasound and auscultation services that must be offered.

  • § 1794, Title 24

    Before terminating a pregnancy, a physician must obtain the patient’s signature on a form indicating that the patient was offered ultrasound image and auscultation services under this section.

    This introduces a requirement for documentation that the patient was offered the services.

  • § 1794, Title 24

    A person who intentionally terminates a pregnancy and who intentionally or knowingly fails to conform to any requirement of this section is guilty of a class A misdemeanor.

    This establishes criminal penalties for intentionally not complying with the ultrasound requirement.

  • § 1794, Title 24

    Failure to comply with this section provides the basis for...a civil malpractice action for actual and punitive damages and an intentional violation of this section is admissible in a civil suit as prima facie evidence of medical malpractice.

    This adds civil penalties and the possibility of a malpractice claim for noncompliance.

  • § 1794, Title 24

    In a civil action under this section, the court must permit any of the following: allow a plaintiff to proceed using solely her initials or a pseudonym.

    This allows for privacy protections for plaintiffs in civil actions related to this law.

Action History

  1. Introduced and Assigned to Sunset Committee in Senate

Sponsors

Sponsorship breakdown

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2 sponsors · 5 co-sponsors · 55 not signed on

Sponsors (2)

Co-sponsors (5)

Not signed on (55)

55 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

civil-rights healthcare
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Frequently asked questions

What does SB 240 do?
This Act requires a physician to offer a patient ultrasound imaging and auscultation of fetal heart tone services before terminating a pregnancy and provides civil and criminal penalties for the failure of a physician to comply with this requirement. The patient is free to choose not to view the ultrasound or listen to the heartbeat. This Act is known as "The Woman's Ultrasound Right to Know Act."
Who sponsors SB 240?
SB 240 is sponsored by Bryant L. Richardson (Republican), Timothy D. Dukes (Republican), Gerald W. Hocker (Republican), Dave G. Lawson (Republican), Daniel B. Short (Republican), Lyndon D. Yearick (Republican), and F. Gary Simpson.
What is the current status of SB 240?
This bill died with 149th General Assembly (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 240?
Track SB 240 free on One Click Politics — get push/email alerts when it moves.

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