
Culture & Conversation Religion
This law was last updated on Jan 17, 2018
This law is Anti–Choice
S 5067
Proposed
Mar 6, 2017
Primary Sponsors: 1
Total Sponsors: 1
S 5067 would prohibit abortions from being performed or induced without the voluntary and informed consent, including forced ultrasound, of the individual upon whom the abortion is to be performed or induced.
Informed Consent Requirements
Under S 5067, an abortion could not be performed or induced without the voluntary and informed consent of the pregnant person, except in the case of a medical emergency. An abortion would only be considered voluntary and informed if:
Printed Materials
S 5067 would require that printed informational materials be provided to individuals seeking an abortion. The materials would need to include information on private and public agencies available to assist the pregnant person, adoption agencies, materials that inform the pregnant person of the probable anatomical and physiological characteristics of the fetus and any relevant information on the possibility of the fetus’s survival.
Ultrasound
Prior to a pregnant person giving informed consent, a physician would be required to perform an obstetric ultrasound on the pregnant person. The physician would need to verbally explain what the ultrasound is depicting while displaying the images so that the pregnant person may view them (although they may avert their eyes). The physician would also be required to provide a medical description of the images including the dimensions of the embryo or fetus and the presence of external members and internal organs, if present and viewable. The physician would need to obtain and retain a copy of a written certification from the pregnant person that all requirements have been met.
If the pregnancy is at least 8 weeks after fertilization, the abortion provider who is to perform or induce the abortion, a certified technician, or another agent of the abortion provider would need to use a hand-held doppler fetal monitor to make the embryonic or fetal heartbeat of the fetus audible for the pregnant person to hear. The pregnant person would not be prohibited from not listening to the sounds.
Internet Website
The Health Department would be required to maintain a website, accessible to the public, containing informational materials relating to the informed consent requirements.
If an abortion provider has a website, the abortion provider’s internet website home page would need to provide two direct links to the Department’s Informed consent materials.
Reporting Requirements
Reporting forms for physicians would need to include:
By June 30th of each year, the Department would be required to issue a public report providing statistics compiled from all the reports submitted from the previous year.
Any person who knowingly or intentionally violates any of the requirements would be guilty of a felony. Any physician who knowingly submits a false report would be guilty of a misdemeanor.
Related Legislation
Similar to S 178, which failed to pass in 2015.
Similar to A 3252 and S 4996, both of which failed to pass in 2013.
Primary Sponsor