Ultrasound Informed Consent Act
Bill: S.3790 | Sponsor: Sen. Marshall, Roger (R-KS)
Policy area: Health

Summary:
Ultrasound Informed Consent Act
This bill requires abortion providers, as a condition of receiving federal funding, to conduct an ultrasound before performing an abortion.
Specifically, before a woman gives informed consent to any part of an abortion, the abortion provider must
Providers are subject to civil actions and penalties for violations.
The bill's ultrasound requirements do not apply in cases where a physical disorder, illness, or injury caused by the pregnancy endangers a woman's life. A woman is also not required to view the ultrasound images; nor may she or the provider be penalized if she declines to do so.

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.

    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 ``Ultrasound Informed Consent Act''.

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:

                    ``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, 
        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 authorized to perform an abortion.
            ``(3) Unborn child.--The term `unborn child' means a member 
        of the species homo sapiens, at any stage of development prior 
        to birth.
            ``(4) 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.--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 an agent under 
the supervision of the provider, shall--
            ``(1) perform an obstetric ultrasound on the pregnant 
        woman;
            ``(2) provide a simultaneous explanation of what the 
        ultrasound is depicting;
            ``(3) display the ultrasound images so that the pregnant 
        woman may view them;
            ``(4) make audible the live, real-time heart auscultation, 
        when present, for the pregnant woman to hear, in a quality 
        consistent with current medical practice, and provide, in a 
        manner understandable to a layperson, a simultaneous verbal 
        explanation of the live, real-time heart auscultation; and
            ``(5) provide a complete medical description of the 
        ultrasound images, which shall include all of the following: 
        the dimensions of the embryo or fetus, cardiac activity if 
        present and visible, and the presence of arms, legs, external 
        members and internal organs if present and viewable, and 
        provide a copy of the ultrasound image to the woman.
    ``(c) Ability To Turn Eyes Away.--Nothing in this section shall be 
construed to prevent a pregnant woman from turning her eyes away from 
the ultrasound images required to be displayed and described to her. 
Neither the abortion provider nor the pregnant woman shall be subject 
to any penalty under this title if the pregnant woman declines to look 
at the displayed ultrasound images.

``SEC. 3403. EXCEPTION FOR MEDICAL EMERGENCIES.

    ``(a) Exception.--The provisions of section 3402 shall not apply to 
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.
    ``(b) Certification.--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 include in the medical file of the 
pregnant woman a truthful and accurate certification of the specific 
medical circumstances that support such determination.

``SEC. 3404. PENALTIES FOR FAILURE TO COMPLY.

    ``(a) Civil Penalties.--
            ``(1) In general.--The Attorney General may commence a 
        civil action in Federal court under this section against any 
        abortion provider who knowingly commits an act constituting a 
        violation of this title for a penalty in an amount not to 
        exceed--
                    ``(A) $100,000 for each such violation that is 
                adjudicated in the first proceeding against such 
                provider under this title; and
                    ``(B) $250,000 for each violation of this title 
                that is adjudicated in a subsequent proceeding against 
                such provider under this title.
            ``(2) Notification.--Upon the assessment of a civil penalty 
        under paragraph (1), the Attorney General shall notify the 
        appropriate State medical licensing authority.
    ``(b) Private Right of Action.--A woman upon whom an abortion has 
been performed in violation of this title may commence a civil action 
against the abortion provider for any violation of this title for 
actual and punitive damages. For purposes of the preceding sentence, 
actual damages are objectively verifiable money damages for all 
injuries.''.

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 disclosure 
requirements regarding abortion or penalties for failure to comply with 
such requirements that are more extensive than those provided under the 
amendment made by this Act.

SEC. 4. REQUIREMENT FOR FUNDING.

    As a condition for receiving any Federal funds or assistance, an 
abortion provider shall comply with the requirements of title XXXIV of 
the Public Health Service Act, as added by this Act.

SEC. 5. SEVERABILITY.

    If any provision of this Act, or any application thereof, is found 
to be unconstitutional, the remainder of this Act and any application 
thereof shall not be affected by such finding.
                                 <all>