Heartbeat Informed Consent Act - Amends the Public Health Service Act to require abortion providers to perform an obstetric ultrasound on the pregnant woman, display the ultrasound images so that the she may view them, and provide a medical description of the ultrasound images of the unborn child's cardiac activity, if present and viewable. Requires the ultrasound to be performed before the woman gives informed consent for an abortion.
Requires an abortion provider to make the embryonic or fetal heartbeat audible for the pregnant woman to hear prior to the woman giving informed consent to an abortion if the pregnancy is at least eight weeks after fertilization.
Exempts 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. Requires a certification in such cases.
Subjects an abortion provider who knowingly or recklessly fails to comply with this Act to civil penalties and notification of the appropriate state medical licensing authority. Gives standing to file a civil action for violations of this Act to the Attorney General or a woman upon whom an abortion has been performed in violation of this Act or the parent or legal guardian of such a woman if she is an unemancipated minor.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3130 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3130
To ensure that women seeking an abortion receive an ultrasound and an
opportunity to review the ultrasound before giving informed consent to
receive an abortion.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 6, 2011
Mrs. Bachmann (for herself, Mr. Gibbs, Mr. Franks of Arizona, Mr.
Gohmert, Mr. Jones, Mr. Huizenga of Michigan, Mr. Smith of New Jersey,
Mr. Johnson of Ohio, Mrs. Schmidt, Mr. Burton of Indiana, Mr. Austria,
Mr. King of Iowa, Mr. McKinley, Mr. Bucshon, Mr. Lamborn, Mr. Scalise,
Mr. Kelly, Mr. Westmoreland, Mr. Bilirakis, Mr. Latta, Mrs. Ellmers,
Mr. McCotter, Mr. Harris, Mr. Brady of Texas, Mr. Long, Mr. Cravaack,
Mr. Boustany, Mr. Miller of Florida, Mr. Palazzo, and Mr. Fleming)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To ensure that women seeking an abortion receive an ultrasound and an
opportunity to review the ultrasound before giving informed consent to
receive an abortion.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Heartbeat Informed Consent Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The presence of a heartbeat in a woman's unborn child
will be a material consideration to many women contemplating
abortion.
(2) The presence of a heartbeat in a woman's unborn child
is a developmental fact that illustrates to the woman that her
baby is already alive.
(3) On about the 21st or 22nd day after fertilization
(which is about 5 weeks from the first day of the last
menstrual period) the heart of an unborn child begins to beat.
(4) The heartbeat of an unborn child can be visually
detected at an early stage of pregnancy using an ultrasound
machine, typically, at 4 to 4.5 weeks after fertilization (6 to
6.5 weeks from the first day of the last menstrual period) on
transvaginal ultrasound, and at 5.5 to 6 weeks after
fertilization (7.5 to 8 weeks from the first day of the last
menstrual period) on transabdominal ultrasound.
(5) The heartbeat of an unborn child can be made audible at
later stages, including by using a handheld Doppler fetal
monitor.
(6) Less than five percent of all natural pregnancies end
in spontaneous miscarriage after detection of cardiac activity.
A fetal heartbeat is therefore a key medical indicator that an
unborn child is likely to achieve the capacity for live birth.
(7) The observation of a heartbeat in a woman's unborn
child, when a heartbeat has been detected, is an important
component of full informed consent.
(8) Ensuring full informed consent for an abortion is
imperative, because of the profound physical and psychological
risks of an abortion. As the Supreme Court has observed,
``[t]he medical, emotional, and psychological consequences of
an abortion are serious and can be lasting.'' H.L. v. Matheson,
450 U.S. 398, 411 (1981). The woman's decision whether to abort
``is an important, and often a stressful one, and it is
desirable and imperative that it be made with full knowledge of
its nature and consequences.'' Planned Parenthood v. Danforth,
428 U.S. 52, 67 (1976). ``Whether to have an abortion requires
a difficult and painful moral decision,'' in which ``some women
come to regret their choice to abort the infant life they once
created and sustained,'' and ``[s]evere depression and loss of
esteem can follow . . . The State has an interest in ensuring
so grave a choice is well informed. It is self-evident that a
mother who comes to regret her choice to abort must struggle
with grief more anguished and sorrow more profound when she
learns, only after the event, what she once did not know . .
.'' Gonzales v. Carhart, 550 U.S. 124, 159-160 (2007).
(9) Requiring providers to give a woman an opportunity to
observe her unborn child's heartbeat is constitutionally
permissible, and the ultrasound image of an unborn child is
truthful, nonmisleading information. ``In attempting to ensure
that a woman apprehend the full consequences of her decision,
the State furthers the legitimate purpose of reducing the risk
that a woman may elect an abortion, only to discover later,
with devastating psychological consequences, that her decision
was not fully informed. If the information the State requires
to be made available to the woman is truthful and not
misleading, the requirement may be permissible.'' (Opinion of
O'Connor, Kennedy, and Souter, Planned Parenthood v. Casey, 505
U.S. 833, 882 (1992)).
(10) Further, recent research, taking into account 22
studies with control groups and more than 877,000 women over a
14-year period, finds that women who have had an abortion have
an 81 percent increased risk for mental health problems and 10
percent of the mental health problems of women who have had an
abortion are directly attributed to abortion.
SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``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, or any
other 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 qualified to perform an abortion under
applicable Federal and State laws.
``(3) Certified technician.--The term `certified
technician' means--
``(A) a registered diagnostic medical sonographer
who is certified in obstetrics and gynecology by the
American Registry for Diagnostic Medical Sonography
(ARDMS); or
``(B) a nurse midwife, or an advanced practice
nurse practitioner in obstetrics, with certification in
obstetrical ultrasonography.
``(4) Embryonic or fetal heartbeat.--The term `embryonic or
fetal heartbeat' means embryonic or fetal cardiac activity or
the steady and repetitive rhythmic contraction of the embryonic
or fetal heart.
``(5) Unborn child.--The term `unborn child' means a member
of the species homo sapiens, at any stage of development prior
to birth.
``(6) Unemancipated minor.--The term `unemancipated minor'
means a minor who is subject to the control, authority, and
supervision of his or her parents or guardians, as determined
under the law of the State in which the minor resides.
``(7) Woman.--The term `woman' means a female human being
whether or not she has reached the age of majority.
``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.--
``(1) Requirement.--Prior to a woman giving informed
consent to having any part of an abortion performed, the
abortion provider who is to perform the abortion, a certified
technician, or another agent of the abortion provider who is
competent in ultrasonography shall--
``(A) perform an obstetric ultrasound on the
pregnant woman;
``(B) during the performance of the ultrasound,
display the ultrasound images (as described in
paragraph (2)) so that the pregnant woman may view the
images; and
``(C) provide a medical description of the
ultrasound images of the unborn child's cardiac
activity, if present and viewable.
``(2) Quality of ultrasound images.--To be displayed in
accordance with paragraph (1)(B), ultrasound images shall--
``(A) be of a quality consistent with standard
medical practice;
``(B) contain the dimensions of the unborn child;
and
``(C) accurately portray the presence of external
members and internal organs, if present.
``(3) Ability to avert eyes.--Nothing in this section shall
be construed to prevent a pregnant woman from closing or
averting her eyes from the ultrasound images required to be
displayed, or not listening to the description of the images
required to be given, by the provider or the provider's agent
pursuant to paragraph (1).
``(c) Audible Embryonic or Fetal Heartbeat.--
``(1) Requirement.--Prior to a woman giving informed
consent to having any part of an abortion performed, if the
pregnancy is at least 8 weeks after fertilization (10 weeks
from the first day of the last menstrual period), the abortion
provider who is to perform the abortion, a certified
technician, or another agent of the abortion provider shall,
using a hand-held Doppler fetal monitor, make the embryonic or
fetal heartbeat of the unborn child audible for the pregnant
woman to hear.
``(2) Unsuccessful attempts at detecting heartbeat.--An
abortion provider, a certified technician, or another agent of
the abortion provider shall not be in violation of paragraph
(1) if--
``(A) the provider, certified technician, or agent
has attempted, consistent with standard medical
practice, to make the embryonic or fetal heartbeat of
the unborn child audible for the pregnant woman to hear
using a hand-held Doppler fetal monitor;
``(B) that attempt does not result in the heartbeat
being made audible; and
``(C) the provider has offered to attempt to make
the heartbeat audible at a subsequent date.
``(3) Ability to not listen.--Nothing in this section shall
be construed to prevent the pregnant woman from not listening
to the sounds detected by the hand-held Doppler fetal monitor,
pursuant to paragraph (1).
``SEC. 3403. EXCEPTION FOR MEDICAL EMERGENCIES.
``(a) Exception.--The provisions of section 3402 shall not apply to
an abortion provider in the case that 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.--
``(1) In general.--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 certify the
specific medical conditions that support such determination and
include such certification in the medical file of the pregnant
woman.
``(2) False statements.--An abortion provider who knowingly
or recklessly falsifies a certification under paragraph (1) is
deemed to have knowingly or recklessly failed to comply with
this title for purposes of section 3404.
``SEC. 3404. PENALTIES.
``(a) In General.--An abortion provider who knowingly or recklessly
fails to comply with any provision of this title shall be subject to
civil penalties in accordance with this section in an appropriate
Federal court.
``(b) Commencement of Action.--The Attorney General may commence a
civil action under this section.
``(c) First Offense.--Upon a finding by a court that a respondent
in an action commenced under this section has knowingly or recklessly
violated a provision of this title, the court shall notify the
appropriate State medical licensing authority and shall assess a civil
penalty against the respondent in an amount not to exceed $100,000 for
each such violation.
``(d) Second and Subsequent Offenses.--Upon a finding by a court
that the respondent in an action commenced under this section has
knowingly or recklessly violated a provision of this title, the court
shall notify the appropriate State medical licensing authority and
shall assess a civil penalty against the respondent in an amount not to
exceed $250,000 for each such violation if the respondent has been
found in a prior civil action to have knowingly or recklessly committed
another violation of a provision of this title.
``(e) Private Right of Action.--A woman upon whom an abortion has
been performed in violation of this title, or the parent or legal
guardian of such a woman if she is an unemancipated minor, may commence
a civil action against the abortion provider for any knowing or
reckless violation of this title for actual and punitive damages.''.
SEC. 4. PREEMPTION.
Nothing in this Act or the amendments made by this Act shall be
construed to preempt any provision of State law to the extent that such
State law establishes, implements, or continues in effect greater
disclosure requirements regarding abortion than those provided under
this Act and the amendments made by this Act.
SEC. 5. SEVERABILITY.
If any provision of this Act, an amendment by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act
and the amendments made by this Act, and the application of the
provisions of such remainder to any person or circumstance, shall not
be affected thereby.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health.
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