Relating to ultrasound prerequisites for abortion, and making penalties applicable

The bill replaces these prerequisites relating to an ultrasound and instead requires that a physician, or a qualified technician to whom the physician has delegated the responsibility, shall comply with certain requirements prior to a woman providing informed consent to any part of the performance of an abortion. The requirements include that the physician or qualified technician perform an obstetric ultrasound on the pregnant woman; provide a simultaneous explanation of what the ultrasound is depicting, including the presence and location of the unborn child within the uterus and the number of unborn children depicted, and if the ultrasound image indicates fetal demise has occurred, inform the woman of the fetal demise; display the ultrasound images so that the pregnant woman may view the images; auscultate the fetal heartbeat of the unborn child so that the pregnant woman may hear the heartbeat if the heartbeat is audible; provide a medical description of the ultrasound images including the dimensions of the unborn child and the presence of external members and internal organs of the unborn child, if present and viewable; and obtain and retain in the pregnant woman’s medical file written certification from the pregnant woman that an ultrasound was performed on the pregnant woman and the pregnant woman has viewed the ultrasound images, listened to the fetal heartbeat if the heartbeat is audible, or declined to do so. The bill provides that when the ultrasound images and fetal heartbeat sounds are provided to and reviewed with the pregnant woman, nothing in the bill shall be construed to prevent the pregnant woman from averting the pregnant woman’s eyes from the ultrasound images or requesting the volume of the fetal heartbeat be reduced or turned off if the fetal heartbeat is audible. The physician and the pregnant woman shall not be subject to any penalty if the pregnant woman refuses to view the displayed ultrasound images or to listen to the fetal heartbeat if the fetal heartbeat is audible. The bill revises the remaining prerequisite provisions relating to the provision of certain information to the pregnant woman to retain the requirement that the prerequisites be completed at least hours prior to the performing of an abortion. The bill provides definitions for “auscultate”, “fetal heartbeat”, “qualified technician”, and “ultrasound”. Under current law, a physician who violates the bill is subject to licensee discipline. The bill provides that in addition, a qualified technician who violates the bill is subject to licensee discipline by the applicable licensing or accrediting authority.