Colorado Women’s Reproductive Information Guarantee for Health and Transparency (RIGHT) Act (HB 1218)
This law was last updated on Apr 26, 2016
HB 1218 would require physicians to provide an ultrasound and receive the voluntary and informed consent of a pregnant woman seeking an abortion at least 24 hours prior to the procedure, except in cases of medical emergency.
At least 24 hours prior to the procedure, a physician would need to inform the pregnant woman, orally and in writing, the following information:
- The name of the physician performing the abortion;
- The method for performing the abortion, including information on the probable gestational age of the “unborn child” and the probable anatomical and physiological characteristics of the “unborn child” at that age;
- A description of immediate and long-term physical and psychological risks involved in the procedure;
- A description of alternatives to abortion;
- A description of medical assistance benefits that may be available for prenatal care, childbirth, and neonatal care, together with contact information of individuals or organizations that may be willing to assist with the costs involved of carrying to term; and
- Any other medical information that may be relevant.
At least 24 hours prior to the procedure, a physician would need to provide the pregnant woman, in writing and, when applicable, orally:
- An opportunity to receive a picture or ultrasound of the fetus, including:
- An oral description of all relevant features, with audible heartbeat if present;
- A photograph or print of the ultrasound, free of charge, upon request;
- Written and oral description stating whether or not the woman has a viable pregnancy, location of the fetal sac, and the presence or absence of a heartbeat. If it isn’t viable, the provider would need to advise the woman that she will miscarry with no further intervention unless the abortion provider has evidence to the contrary;
- A list of all known ultrasound providers within a 10-50 mile radius, in the interest of a second opinion.
- The probable gestational age of the “unborn child” including a fetal development chart with color photographs in four-week increments throughout the pregnancy;
- A description of the “child’s” nerve endings and the “child’s” ability to feel pain at each stage of development;
- A statement that the woman is free to withdraw her consent to the abortion at any time; and
- Any other medical or other information that may be relevant.
The physician would be required to provide the information required in a private room. If the woman is unable to read the material, the physician would need to read the materials to her.
After the pregnant woman receives all the information, she would need to sign a statement certifying she received the information. The physician would need to sign a separate statement certifying that they had complied with the requirements.
Any person who violates any of theses provisions would be guilty of an unclassified misdemeanor and be fined up to $1,000 for each violation.
Similar to SB 285, which failed to pass in 2015.