Colorado Women’s Reproductive Information Guarantee for Health and Transparency (RIGHT) Act (HB 1082)

HB 1082 would require physicians to provide an ultrasound and receive the voluntary and informed consent of a pregnant patient seeking an abortion at least 24 hours prior to the procedure, except in cases of medical emergency. The bill would also require a physician to inform the patient on the possibility of reversing an abortion.

Informed Consent

At least 24 hours prior to the procedure, a physician would need to inform the pregnant patient, 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;
• Information regarding abortion reversals (see below);
• 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.

Abortion Reversal

The bill would require a physician to inform the pregnant patient of the availability of potential abortion reversal after laminaria insertion or after the first pill in a medical abortion is taken and the individual changes their mind. If the provider is unwilling to provide such a reversal at the patient’s request, the provider would be required to inform the patient of other physicians or providers who would be willing.

Forced Ultrasound 

At least 24 hours prior to the procedure, a physician would need to provide the pregnant individual, in writing and, when applicable, orally:

• An opportunity to receive a picture or ultrasound of the fetus obtained through the use of a vaginal or abdominal ultrasound, based on the pregnant person’s choice, 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 patient that they 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 pregnant individual is free to withdraw their consent to the abortion at any time; and
• Any other medical or other information that may be relevant.

If a provider refuses to comply with the requirement of offering an ultrasound, the provider would be required to give the pregnant person a list of ultrasound providers at least 24-hours before the abortion is to be performed. The abortion provider would then also be required to post a public notice stating that the facility does not provide ultrasounds and is not a medical facility.

The physician would be required to provide such information in a private room. If the patient is unable to read the material, the physician would need to read the materials to the patient.

After the pregnant patient receives all the information, they would need to sign a statement certifying they 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.

Civil Penalties

The bill provides that an abortion clinic would be subject to civil penalties if the attorney general finds that the clinic failed to provide the required information or violated any other provision.

Related Legislation

The abortion reversal provision is based on model legislation drafted by American United for Life (AUL).

Similar to SB 284 (2017), HB 1218 (2016), and SB 285 (2015), all of which failed to pass.

People

Organizations

• Americans United for Life — Drafted Model Law