,i #aacth ,,congress #b;d ,session ,h4 ,r4 #eeea ,,in ,,the ,,house ,,of ,,representatives ,september #ah1 #bjad ,mrs4 ,bachmann 7for herself1 ,mr4 ,huelskamp1 ,mr4 ,harris1 ,mr4 ,pearce1 ,mr4 ,brady of ,texas1 ,mr4 ,pitts1 ,mr4 ,long1 ,mr4 ,gibbs1 ,mr4 ,huizenga of ,michigan1 ,mr4 ,latta1 and ,mr4 ,johnson of ,ohio7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to ensure that women seeking an abortion receive an ultrasound and an opportunity to review the ultrasound before giving informed consent to receive an abortion4 #a4 ,short title ,this ,act may be cited as the ,heartbeat ,informed ,consent ,act4 #b4 ,findings ,the ,congress finds as follows3 7#a7 ,the presence of a heartbeat in a woman's unborn child will be a material consideration to many women contemplating abortion4 7#b7 ,the presence of a heartbeat in a woman's unborn child is a developmental fact that illustrates to the woman that her baby is already alive4 7#c7 ,on about the #bast or #bbnd day after fertilization 7which is about #e weeks from the first day of the last menstrual period7 the heart of an unborn child begins to beat4 7#d7 ,the heartbeat of an unborn child can be visually detected at an early stage of pregnancy using an ultrasound machine1 typically1 at #d to #d4e weeks after fertilization 7#f to #f4e weeks from the first day of the last menstrual period7 on transvaginal ultrasound1 and at #e4e to #f weeks after fertilization 7#g4e to #h weeks from the first day of the last menstrual period7 on transabdominal ultrasound4 7#e7 ,the heartbeat of an unborn child can be made audible at later stages1 including by using a handheld ,doppler fetal monitor4 7#f7 ,less than five percent of all natural pregnancies end in spontaneous miscarriage after detection of cardiac activity4 ,a fetal heartbeat is therefore a key medical indicator that an unborn child is likely to achieve the capacity for live birth4 7#g7 ,the observation of a heartbeat in a woman's unborn child1 when a heartbeat has been detected1 is an important component of full informed consent4 7#h7 ,ensuring full informed consent for an abortion is imperative1 because of the profound physical and psychological risks of an abortion4 ,as the ,supreme ,court has observed1 the medical1 emotional1 and psychological consequences of an abortion are serious and can be lasting4 ,h4,l4 v4 ,matheson1 #dej ,u4,s4 #cih1 #daa 7#aiha74 ,the woman's decision whether to abort is an important1 and often a stressful one1 and it is desirable and imperative that it be made with full knowledge of its nature and consequences4 ,planned ,parenthood v4 ,danforth1 #dbh ,u4,s4 #eb1 #fg 7#aigf74 ,whether to have an abortion requires a difficult and painful moral decision1 in which some women come to regret their choice to abort the infant life they once created and sustained1 and severe depression and loss of esteem can follow ''' ,the ,state has an interest in ensuring so grave a choice is well informed4 ,it is self-evident that a mother who comes to regret her choice to abort must struggle with grief more anguished and sorrow more profound when she learns1 only after the event1 what she once did not know ''' ,gonzales v4 ,carhart1 #eej ,u4,s4 #abd1 #aei-afj 7#bjjg74 7#i7 ,requiring providers to give a woman an opportunity to observe her unborn child's heartbeat is constitutionally permissible1 and the ultrasound image of an unborn child is truthful1 nonmisleading information4 ,in attempting to ensure that a woman apprehend the full consequences of her decision1 the ,state furthers the legitimate purpose of reducing the risk that a woman may elect an abortion1 only to discover later1 with devastating psychological consequences1 that her decision was not fully informed4 ,if the information the ,state requires to be made available to the woman is truthful and not misleading1 the requirement may be permissible4 7,opinion of ,o',connor1 ,kennedy1 and ,souter1 ,planned ,parenthood v4 ,casey1 #eje ,u4,s4 #hcc1 #hhb 7#aiib774 7#aj7 ,further1 recent research1 taking into account #bb studies with control groups and more than #hgg1jjj women over a #ad-year period1 finds that women who have had an abortion have an #ha percent increased risk for mental health problems and #aj percent of the mental health problems of women who have had an abortion are directly attributed to abortion4 #c4 ,amendment to the public health service act ,the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bja et seq47 is amended by adding at the end the following3 ,,xxxiv ,,informed ,,consent #cdja4 ,definitions ,in this title3 7#a7 ,abortion ,the term abortion means the intentional use or prescription of any instrument1 medicine1 drug1 or any other substance1 device1 or method to terminate the life of an unborn child1 or to terminate the pregnancy of a woman known to be pregnant1 with an intention other than-- 7,a7 to produce a live birth and preserve the life and health of the child after live birth2 or 7,b7 to remove an ectopic pregnancy1 or to remove a dead unborn child who died as the result of a spontaneous abortion1 accidental trauma1 or a criminal assault on the pregnant female or her unborn child4 7#b7 ,abortion provider ,the term abortion provider means any person legally qualified to perform an abortion under applicable ,federal and ,state laws4 7#c7 ,embryonic or fetal heartbeat ,the term embryonic or fetal heartbeat means embryonic or fetal cardiac activity or the steady and repetitive rhythmic contraction of the embryonic or fetal heart4 7#d7 ,qualified agent ,the term qualified agent means-- 7,a7 a registered diagnostic medical sonographer who is certified in obstetrics and gynecology by the ,american ,registry for ,diagnostic ,medical ,sonography 7,,ardms72 7,b7 a nurse midwife1 or an advanced practice nurse practitioner in obstetrics1 with certification in obstetrical ultrasonography2 or 7,c7 any other agent of an abortion provider who has received training in obstetrical ultrasonography4 7#e7 ,unborn child ,the term unborn child means a member of the species homo sapiens1 at any stage of development prior to birth4 7#f7 ,unemancipated minor ,the term unemancipated minor means a minor who is subject to the control1 authority1 and supervision of his or her parents or guardians1 as determined under the law of the ,state in which the minor resides4 7#g7 ,woman ,the term woman means a female human being whether or not she has reached the age of majority4 #cdjb4 ,requirement of informed consent 7a7 ,requirement of ,compliance by ,providers ,any abortion provider in or affecting interstate or foreign commerce1 who knowingly performs any abortion1 shall comply with the requirements of this title4 7b7 ,performance and ,review of ,ultrasound 7#a7 ,requirement ,if an ultrasound is performed on a woman by an abortion provider 7or the provider's agent7 prior to having any part of an abortion performed1 the abortion provider 7acting directly or through the provider's agent7 shall-- 7,a7 ensure that any agent of the provider performing the ultrasound is a qualified agent2 7,b7 during the performance of the ultrasound1 display the ultrasound images 7as described in paragraph 7#b77 so that the pregnant woman may view the images2 and 7,c7 provide a medical description of the ultrasound images of the unborn child's cardiac activity1 if present and viewable4 7#b7 ,quality of ultrasound images ,to be displayed in accordance with paragraph 7#a77;,b71 ultrasound images shall-- 7,a7 be of a quality consistent with standard medical practice2 7,b7 contain the dimensions of the unborn child2 and 7,c7 accurately portray the presence of external members and internal organs1 if present4 7#c7 ,viewing images and listening to description ,this section may not be construed to be a requirement that the pregnant woman view the ultrasound images required to be displayed1 or listen to the description of the images required to be given1 by the provider or the provider's agent pursuant to paragraph 7#a74 7c7 ,audible embryonic or fetal heartbeat 7#a7 ,requirement ,prior to a woman giving informed consent to having any part of an abortion performed1 if the pregnancy is at least #h weeks after fertilization 7#aj weeks from the first day of the last menstrual period71 the abortion provider 7acting directly or through the provider's employee7 shall1 using a hand-held ,doppler fetal monitor1 make the embryonic or fetal heartbeat of the unborn child audible for the pregnant woman to hear4 7#b7 ,unsuccessful attempts at detecting heartbeat ,an abortion provider 7or the provider's employee7 shall not be in violation of paragraph 7#a7 if-- 7,a7 the provider 7acting directly or through the provider's employee7 has attempted1 consistent with standard medical practice1 to make the embryonic or fetal heartbeat of the unborn child audible for the pregnant woman to hear using a hand-held ,doppler fetal monitor2 7,b7 that attempt does not result in the heartbeat being made audible2 and 7,c7 the provider has offered to attempt to make the heartbeat audible at a subsequent date4 7#c7 ,ability ,to ,not ,listen ,nothing in this section shall be construed to prevent the pregnant woman from not listening to the sounds detected by the hand-held ,doppler fetal monitor1 pursuant to paragraph 7#a74 #cdjc4 ,exception for medical emergencies 7a7 ,exception ,the provisions of section #cdjb shall not apply to an abortion provider in the case that the abortion is necessary to save the life of a mother whose life is endangered by a physical disorder1 physical illness1 or physical injury1 including a life-endangering physical condition caused by or arising from the pregnancy itself4 7b7 ,certification 7#a7 ,in general ,upon a determination by an abortion provider under subsection 7a7 that an abortion is necessary to save the life of a mother1 such provider shall certify the specific medical conditions that support such determination and include such certification in the medical file of the pregnant woman4 ,the certification shall be kept by the abortion provider for a period of not less than #e years4 ,if the female is a minor1 then the certification shall be placed in the medical file of the minor and kept for at least #e years after the minor reaches the age of majority4 7#b7 ,false statements ,an abortion provider who knowingly or recklessly falsifies a certification under paragraph 7#a7 is deemed to have knowingly or recklessly failed to comply with this title for purposes of section #cdjd4 #cdjd4 ,penalties 7a7 ,in ,general ,an abortion provider who knowingly or recklessly fails to comply with any provision of this title shall be subject to civil penalties in accordance with this section in an appropriate ,federal court4 7b7 ,commencement of ,action ,the ,attorney ,general may commence a civil action under this section4 7c7 ,first offense ,upon a finding by a court that a respondent in an action commenced under this section has knowingly or recklessly violated a provision of this title1 the court shall notify the appropriate ,state medical licensing authority and shall assess a civil penalty against the respondent in an amount not to exceed #ajj1jjj for each such violation4 7d7 ,second and subsequent offenses ,upon a finding by a court that the respondent in an action commenced under this section has knowingly or recklessly violated a provision of this title1 the court shall notify the appropriate ,state medical licensing authority and shall assess a civil penalty against the respondent in an amount not to exceed #bej1jjj for each such violation if the respondent has been found in a prior civil action to have knowingly or recklessly committed another violation of a provision of this title4 7e7 ,private ,right of ,action ,a woman upon whom an abortion has been performed in violation of this title1 or the parent or legal guardian of such a woman if she is an unemancipated minor1 may commence a civil action against the abortion provider for any knowing or reckless violation of this title for actual and punitive damages4 4 #d4 ,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 establishes1 implements1 or continues in effect greater disclosure requirements regarding abortion than those provided under this ,act and the amendments made by this ,act4 #e4 ,severability ,if any provision of this ,act1 an amendment by this ,act1 or the application of such provision or amendment to any person or circumstance is held to be unconstitutional1 the remainder of this ,act and the amendments made by this ,act1 and the application of the provisions of such remainder to any person or circumstance1 shall not be affected thereby4