Fiscal Summary

NOT SIGNIFICANT

Bill Summary

Under present law, except in a medical emergency, no abortion may be performed or induced upon a pregnant woman unless the woman has provided her informed written consent, given freely and without coercion. To ensure that a woman's consent is truly informed, the woman must first be informed of certain facts including, the gestational age of the unborn child, the option of adoption, and risks associated with abortion. 48 hours after orally communicating the required information, the woman must sign a consent form acknowledging she has received the information.

Except in the case of a medical emergency, this bill additionally requires:

(1) At the beginning of the waiting period, that the physician who is to perform the abortion on the pregnant woman, the referring physician, or a qualified person assisting the physician, perform fetal ultrasound imaging and auscultation of fetal heart tone services;
(2) At the beginning of the waiting period, that the woman be offered, orally and in person, the opportunity to:
(A) View the active ultrasound image of the unborn child and hear the heartbeat of the unborn child, if the heartbeat is audible; and
(B) Receive a physical picture of the ultrasound image of the unborn child;
(3) At the beginning of the waiting period, if the woman so requests, that the physician or qualified person assisting the physician:
(A) Provide the active ultrasound image to the pregnant woman for her to view and auscultation of fetal heart tone for her to hear; and
(B) Provide a physical picture of the ultrasound image of the unborn child;
(4) Before performing the abortion, that a physician or qualified person assisting the physician obtain the woman's signature on a certificate form, stating the physician or qualified person assisting the physician has complied with (1) and (2); and
(5) Before the abortion is performed or induced, that the physician receive a copy of the written certificate to be retained in the woman's medical record.

This bill requires that the active ultrasound and auscultation of fetal heart tone be of a quality consistent with standard medical practice in the community. If a transabdominal ultrasound is not feasible for obtaining a quality image, a transvaginal ultrasound will not be required.

A violation of this bill will:

(1) Provide a basis for a civil healthcare liability action;
(2) Provide a basis for a professional disciplinary action in accordance with the board of medical examiners or the board of osteopathic examination; and
(3) Provide a basis for recovery for the wrongful death of the unborn child, whether or not the unborn child was born alive or was viable at the time the abortion was performed.

If judgment is rendered in favor of the:

(1) Plaintiff, the court will also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant; or
(2) Defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court will also render judgment for a reasonable attorney's fee in favor of the defendant against the plaintiff.