HR 48119th CongressIn Committee

Ultrasound Informed Consent Act

Introduced: Jan 3, 2025

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Ultrasound Informed Consent Act would add a new federal framework to the Public Health Service Act requiring abortion providers to perform an obstetric ultrasound and provide explicit, real-time disclosure to the patient before obtaining informed consent for an abortion. The provider (or an agent) must display the ultrasound, explain what is shown, and describe specific details about the fetus (dimensions, cardiac activity if visible, and visible external or internal anatomy). A patient may choose not to view the images without penalty. The bill includes an emergency exception for life-saving abortions, establishes civil penalties and a private right of action for violations, and states that this federal requirement does not override stricter state laws on disclosure. Definitions are provided for terms like abortion, unborn child, and woman.

Key Points

1New Title XXXIV added to the Public Health Service Act to establish a federal informed consent standard for abortion, centered on mandatory ultrasound use and disclosure.
2Before giving informed consent, the abortion provider or an agent must:
3- perform an obstetric ultrasound,
4- simultaneously explain what the ultrasound shows,
5- display the ultrasound so the patient can view it,
6- provide a complete medical description including embryo/fetus dimensions, visible cardiac activity, and visible anatomy if viewable.
7The patient may turn away from the ultrasound images; choosing not to look carries no penalty for either the patient or the provider.
8Emergency exception: if abortion is necessary to save the life of the mother, the requirement does not apply; the provider must document the specific medical circumstances in the patient’s medical file.
9Penalties and enforcement:
10- Civil penalties can be up to $100,000 for the first violation and up to $250,000 for subsequent violations, with the Attorney General initiating federal actions and notifying state medical licensing authorities.
11- Private right of action allows the patient to seek actual and punitive damages for violations.
12Preemption and severability:
13- The act does not preempt state laws that are more extensive, and if any part is unconstitutional, the rest remains in effect.

Impact Areas

Primary group/area affected:- Women seeking abortions who would receive ultrasound-based disclosures as part of the consent process.Secondary group/area affected:- Abortion providers and clinics, who would need to implement ultrasound routines, documentation, and training; possible changes to workflow and costs.- State medical licensing authorities and professional liability environments due to new penalties and potential private lawsuits.Additional impacts:- Potential changes in patient experience and decision-making due to visible ultrasound information.- Legal landscape at the federal level interacting with varying state abortion laws; states could enact more stringent requirements, but cannot be preempted by this act if their laws are more extensive.- Could influence provider liability and malpractice risk, particularly regarding documentation and patient counseling practices.

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