This bill, titled the "Ultrasound Informed Consent Act," amends the Public Health Service Act to establish new requirements for informed consent prior to an abortion. It mandates that any abortion provider operating in interstate commerce must perform an obstetric ultrasound on a pregnant woman before she gives informed consent for an abortion. During this process, the provider or an agent must simultaneously explain what the ultrasound depicts, display the images for the woman to view, and provide a complete medical description. This description includes the dimensions of the embryo or fetus, any visible cardiac activity, and the presence of external members and internal organs. However, the bill clarifies that a pregnant woman is not required to look at the displayed images and will not face penalties if she chooses to avert her eyes. An exception to these requirements exists for medical emergencies where an abortion is necessary to save the mother's life, provided the provider certifies the specific medical circumstances. Failure to comply with these provisions can result in significant civil penalties , including fines of up to $100,000 for a first violation and $250,000 for subsequent violations. Additionally, a woman upon whom an abortion was performed in violation of this title may pursue a private right of action for actual and punitive damages against the abortion provider.
Referred to the House Committee on Energy and Commerce.
Health
AbortionCivil actions and liabilityHealth information and medical recordsMedical ethicsMedical tests and diagnostic methodsSex and reproductive healthWomen's health
Ultrasound Informed Consent Act
USA119th CongressHR-48| House
| Updated: 1/3/2025
This bill, titled the "Ultrasound Informed Consent Act," amends the Public Health Service Act to establish new requirements for informed consent prior to an abortion. It mandates that any abortion provider operating in interstate commerce must perform an obstetric ultrasound on a pregnant woman before she gives informed consent for an abortion. During this process, the provider or an agent must simultaneously explain what the ultrasound depicts, display the images for the woman to view, and provide a complete medical description. This description includes the dimensions of the embryo or fetus, any visible cardiac activity, and the presence of external members and internal organs. However, the bill clarifies that a pregnant woman is not required to look at the displayed images and will not face penalties if she chooses to avert her eyes. An exception to these requirements exists for medical emergencies where an abortion is necessary to save the mother's life, provided the provider certifies the specific medical circumstances. Failure to comply with these provisions can result in significant civil penalties , including fines of up to $100,000 for a first violation and $250,000 for subsequent violations. Additionally, a woman upon whom an abortion was performed in violation of this title may pursue a private right of action for actual and punitive damages against the abortion provider.
AbortionCivil actions and liabilityHealth information and medical recordsMedical ethicsMedical tests and diagnostic methodsSex and reproductive healthWomen's health