Ultrasound Informed Consent Act
- Bill Number
- H.R. 48
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2025-01-03: Referred to the House Committee on Energy and Commerce.
- Last Updated
- 2025-03-04T19:59:09Z
AI-Generated Summary
Purpose
The Ultrasound Informed Consent Act (H.R. 48) aims to amend the Public Health Service Act to require abortion providers to perform an ultrasound and offer women the chance to view and discuss the images as part of the informed consent process before an abortion. This is intended to ensure women have access to visual and descriptive information about the pregnancy prior to proceeding.
Key Provisions
- Definitions:
- Abortion: Intentional termination of a pregnancy or unborn child's life, excluding cases aimed at live birth, removing ectopic pregnancies, or addressing spontaneous miscarriages/dead fetuses from accidents or assaults.
- Abortion provider: Any legally qualified person performing abortions under federal or state law.
- Unborn child: A human (Homo sapiens) at any development stage before birth.
- Unemancipated minor: A minor under parental/guardian control per state law.
- Woman: A female human, regardless of age.
- Ultrasound Requirement: Before obtaining informed consent, providers (or supervised agents) must:
- Perform an obstetric ultrasound (a medical imaging test using sound waves to visualize the fetus).
- Explain the images in real-time.
- Display the images for the woman to view.
- Provide a detailed description, including the embryo/fetus dimensions, visible heart activity, and observable external limbs/internal organs.
- Opt-Out Option: Women can choose not to look at the images without penalty to themselves or the provider.
- Medical Emergency Exception: The ultrasound requirement does not apply if the abortion is needed to save the mother's life due to a physical disorder, illness, injury, or pregnancy-related condition. Providers must document the specific reasons in the patient's medical file.
- Penalties:
- Civil fines enforced by the U.S. Attorney General: Up to $100,000 for the first violation per provider, and up to $250,000 for subsequent ones. States are notified of penalties for potential licensing actions.
- Private lawsuits: Women can sue providers for violations, seeking actual damages (verifiable financial losses from injuries) and punitive damages (extra penalties to punish wrongdoing).
- Preemption and Severability: The law does not override stricter state disclosure or penalty rules for abortions. If any part is ruled unconstitutional, the rest remains in effect.
Significant Changes to Existing Law
This bill adds a new Title XXXIV to the Public Health Service Act (42 U.S.C. 201 et seq.), introducing a federal mandate for ultrasound viewing and explanation in the abortion informed consent process. Previously, informed consent for abortions was largely governed by state laws, with no uniform federal requirement for ultrasounds. It applies to providers involved in interstate or foreign commerce, broadening federal oversight beyond purely intrastate activities.
Potential Impacts
- On Government Agencies: The Department of Justice (via the Attorney General) gains enforcement authority, potentially increasing federal involvement in reproductive health regulation and requiring resources for investigations and lawsuits.
- On Citizens: Pregnant women seeking abortions must receive ultrasound information, which could influence decision-making but may add emotional or procedural burdens. It affects access to abortions by imposing pre-procedure steps, though emergencies are exempted.
- On International Relations: Minimal direct impact, as the bill focuses on domestic healthcare; however, it could influence U.S. positions in global discussions on reproductive rights.
- Broader effects include potential delays or increased costs for abortion services, possibly reducing access in areas with limited providers.
Main Stakeholders Affected
- Abortion Providers: Clinics, doctors, and related personnel must comply with new procedures, facing fines or lawsuits for non-compliance.
- Pregnant Women: Directly impacted as recipients of the required information; unemancipated minors may involve parental considerations under state law.
- Federal and State Governments: U.S. Attorney General for enforcement; state medical boards for licensing notifications.
- Advocacy Groups: Pro-life organizations may support it for promoting awareness; reproductive rights groups may oppose it as an added barrier to care.
Notable Legal, Constitutional, or Political Implications
- Legal: Establishes a private right of action for affected women, empowering individuals to seek remedies without relying solely on government enforcement. The commerce clause tie-in (interstate/foreign commerce) justifies federal jurisdiction but could invite challenges if seen as overreach.
- Constitutional: May face scrutiny under the Fourteenth Amendment's due process clause regarding bodily autonomy and reproductive privacy (e.g., akin to challenges in cases like Planned Parenthood v. Casey). The opt-out provision and emergency exception aim to mitigate coercion claims, but critics could argue it burdens access to abortion services.
- Political: Reflects ongoing debates over abortion regulation post-Dobbs v. Jackson Women's Health Organization (2022), which returned authority to states; this federal layer could spark partisan divides, with potential for court battles or state-level responses. The severability clause protects the law's core from partial invalidation.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (3)
Rep. Crenshaw, Dan [R-TX-2], Rep. Burlison, Eric [R-MO-7], Rep. Crane, Elijah [R-AZ-2]
Recent Actions
- 2025-01-03: Referred to the House Committee on Energy and Commerce.
- 2025-01-03: Introduced in House
- 2025-01-03: Introduced in House
Bill Versions
- Ultrasound Informed Consent Act — issued 2025-01-03 — PDF (6 pages)