HR 649 IHCommentsClose CommentsPermalink

To ensure that women seeking an abortion receive an ultrasound and the opportunity to review the ultrasound before giving informed consent to receive an abortion.CommentsClose CommentsPermalink

January 22, 2009CommentsClose CommentsPermalink

Mr. JORDAN of Ohio (for himself, Mrs. BLACKBURN, Mr. LAMBORN, Mr. BOOZMAN, Mrs. MCMORRIS RODGERS, Mr. BURTON of Indiana, Mr. PITTS, Mrs. BACHMANN, Mrs. SCHMIDT, Mr. INGLIS, Mr. SCALISE, Mr. WESTMORELAND, Mr. BRADY of Texas, Mr. TERRY, Ms. FOXX, Mr. MCHENRY, Mr. GUTHRIE, Mr. LATTA, Mr. ALEXANDER, Mr. ROGERS of Alabama, Mr. BROUN of Georgia, Mr. MANZULLO, Mr. CAO, Mr. LINDER, Mr. POSEY, Mr. HARPER, Mr. OLSON, Mr. GINGREY of Georgia, Mr. PRICE of Georgia, Ms. FALLIN, Mr. HERGER, Ms. LUMMIS, Mr. CANTOR, Mr. THOMPSON of Pennsylvania, Mr. MCKEON, Mr. SHIMKUS, Mr. BISHOP of Utah, Mr. FLEMING, Mr. KING of Iowa, Mr. PENCE, Mr. MARCHANT, Mr. LUETKEMEYER, Mr. GARRETT of New Jersey, Mr. BARTLETT, Mr. SMITH of New Jersey, Mr. FORTENBERRY, and Mr. SENSENBRENNER) introduced the following bill; which was referred to the Committee on Energy and CommerceCommentsClose CommentsPermalink

To ensure that women seeking an abortion receive an ultrasound and the opportunity to review the ultrasound before giving informed consent to receive an abortion.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Ultrasound Informed Consent Act’.CommentsClose CommentsPermalink

SEC. 2. 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:CommentsClose CommentsPermalink

‘TITLE XXX--INFORMED CONSENTCommentsClose CommentsPermalink

‘SEC. 3001. DEFINITIONS.

‘In this title:CommentsClose CommentsPermalink





‘(1) ABORTION- The term ‘abortion’ means the intentional use or prescription of any instrument, medicine, drug, or any other substance or 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--CommentsClose CommentsPermalink





‘(A) to produce a live birth and preserve the life and health of the child after live birth; orCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) ABORTION PROVIDER- The term ‘abortion provider’ means any person legally qualified to perform an abortion under applicable Federal and State laws.CommentsClose CommentsPermalink





‘(3) UNBORN CHILD- The term ‘unborn child’ means a member of the species homo sapiens, at any stage of development prior to birth.CommentsClose CommentsPermalink





‘(4) WOMAN- The term ‘woman’ means a female human being whether or not she has reached the age of majority.CommentsClose CommentsPermalink





‘(5) 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 State law.CommentsClose CommentsPermalink

‘SEC. 3002. 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.CommentsClose CommentsPermalink





‘(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 certified technician working in conjunction with the provider, shall--CommentsClose CommentsPermalink





‘(1) perform an obstetric ultrasound on the pregnant woman;CommentsClose CommentsPermalink





‘(2) provide an explanation of the results of the ultrasound;CommentsClose CommentsPermalink





‘(3) display the ultrasound images so that the pregnant woman may view them; andCommentsClose CommentsPermalink





‘(4) provide a medical description of the ultrasound images, which shall include the dimensions of the embryo or fetus, cardiac activity if present and viable, and the presence of external members and internal organs, if present and viewable.CommentsClose CommentsPermalink





‘(c) No Requirement To View Ultrasound Images- Nothing in this section shall be construed to require a woman to view the ultrasound images. Neither the abortion provider nor the woman shall be subject to any penalty if she refuses to look at the presented ultrasound images.CommentsClose CommentsPermalink

‘SEC. 3003. EXCEPTION FOR MEDICAL EMERGENCIES.

‘(a) Exception- The provisions of section 3002 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.CommentsClose CommentsPermalink





‘(b) Certification-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) FALSE STATEMENTS- An abortion provider who willfully falsifies a certification under paragraph (1) shall be subject to all the penalties provided for under section 3004 for failure to comply with this title.CommentsClose CommentsPermalink

‘SEC. 3004. PENALTIES FOR FAILURE TO COMPLY.

‘(a) In General- An abortion provider who willfully fails to comply with the provisions of this title shall be subject to civil penalties in accordance with this section in an appropriate Federal court.CommentsClose CommentsPermalink





‘(b) Commencement of Action- The Attorney General may commence a civil action under this section.CommentsClose CommentsPermalink





‘(c) First Offense- Upon a finding by a court that a respondent in an action commenced under this section has knowingly 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.CommentsClose CommentsPermalink





‘(d) Second and Subsequent Offenses- Upon a finding by a court that the respondent in an action commenced under this section has knowingly violated a provision of this title and the respondent has been found to have knowingly violated a provision of this title on a prior occasion, 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.CommentsClose CommentsPermalink





‘(e) Private Right of Action- A pregnant 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 willful violation of this title for actual and punitive damages.’.CommentsClose CommentsPermalink

SEC. 3. 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.CommentsClose CommentsPermalink

SEC. 4. SEVERABILITY.

The provisions of this Act shall be severable. If any provision of this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated.CommentsClose CommentsPermalink