Ultrasounds Save Lives Act of 2025

Bill Number

H.R. 797

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Health

Status

Introduced

Latest Action

2025-01-28: Referred to the House Committee on Energy and Commerce.

Last Updated

2025-03-01T15:25:43Z

AI-Generated Summary

Purpose of the Legislation

The "Ultrasounds Save Lives Act of 2025" (H.R. 797) aims to require abortion providers to inform women seeking abortions about the medical risks of the procedure and key developmental features of the fetus (referred to as the "unborn child") before obtaining informed consent. This is intended to ensure women have specific information at least 24 hours prior to the procedure, except in medical emergencies.

Key Provisions

• Ultrasound Requirement: Abortion providers must perform an ultrasound on the woman (using a method agreed upon by the provider and patient) and share the results with her before starting any part of the abortion procedure, unless it's a medical emergency.
• Informed Consent Form: Providers must present and obtain a signed "Informed Consent Authorization" form in person, at least 24 hours before the abortion. The form must include:
• The estimated gestational age (in days) of the fetus.
• All medical risks linked to abortion drugs or the specific procedure.
• Major developmental traits of the fetus at that gestational age, such as heartbeat presence, ability to feel pain, and development of organs, limbs, and facial features.
• Confirmation that the ultrasound was done and results shared.
• A warning that providers and staff face criminal and civil penalties for non-compliance, and that women can sue if rules are broken.
• An affirmation that signers understand the information.
• Signing and Record-Keeping: The form must be signed by the woman, the provider, and a witness. The provider must keep it in the patient's medical file, following federal privacy rules for retention (similar to HIPAA requirements for protected health information).
• Exceptions: Rules do not apply if following them would risk the woman's death or serious, irreversible physical harm to a major body function (excluding psychological or emotional issues).
• Penalties for Non-Compliance:
• Civil Penalties: The U.S. Attorney General can sue providers in federal court, with fines of $100,000–$150,000 for a first violation and $150,001–$250,000 for repeats. The Attorney General must notify the state's medical licensing board after fines.
• Private Lawsuits: Women (or parents of minors) who receive an abortion without proper consent can sue the provider for damages (including physical/psychological harm, three times the abortion cost, and punitive damages), plus attorney's fees if they win. Providers can get attorney's fees if the suit is deemed frivolous. No penalties or damages apply to the pregnant woman.
• Scope and Definitions: Applies to providers involved in interstate or foreign commerce. Key terms defined include "abortion" (intentional termination of pregnancy, excluding live birth efforts or removal of a dead fetus), "abortion provider" (licensed doctors or authorized personnel), "unborn child" (human organism from fertilization to live birth), and "reasonable medical judgment" (what a careful provider would decide).
• Preemption and Flexibility: Does not override stricter state laws on abortion disclosures or penalties. Providers can share the required info at the same time as state-mandated consent, as long as it's 24 hours before the procedure.

Significant Changes to Existing Law

This bill introduces a federal baseline for abortion informed consent, mandating ultrasounds, specific fetal development disclosures, and a 24-hour waiting period nationwide for providers affecting interstate commerce. Prior to this, informed consent requirements varied by state, with no uniform federal mandate for these exact elements (e.g., detailed fetal development info or ultrasound sharing). It builds on existing federal privacy rules (like those in HIPAA) by applying them to the new consent form but adds enforcement through the Attorney General and private suits, which were not previously standardized federally for these purposes.

Potential Impacts

• On Citizens: Pregnant women may face delays in accessing abortions due to the 24-hour requirement and ultrasound, potentially increasing emotional or logistical burdens. It empowers women (or parents of minors) to seek compensation if procedures lack proper consent, but does not penalize them. Minors (under 18) are explicitly covered, allowing parental involvement in lawsuits.
• On Government Agencies: The Department of Justice (via the Attorney General) gains responsibility for enforcing civil penalties and notifying state licensing boards, increasing federal oversight of medical practices. State medical boards may see more referrals for provider discipline.
• On Providers and Healthcare: Abortion clinics and doctors must adopt new protocols, forms, and record-keeping, raising operational costs and legal risks. Non-abortion medical personnel are warned of shared liability.
• International Relations: No direct impacts mentioned; the bill focuses on domestic U.S. healthcare.

Main Stakeholders Affected

• Abortion Providers: Doctors, clinics, and authorized personnel bear the compliance burden, including ultrasounds, forms, and potential fines or lawsuits.
• Pregnant Women: Primary recipients of the required information; they gain lawsuit rights but must navigate added steps for consent.
• Parents of Minors: Can sue on behalf of daughters under 18 if consent rules are violated.
• Government Entities: U.S. Attorney General and state medical licensing authorities handle enforcement and notifications.
• Fetuses ("Unborn Children"): Indirectly addressed through mandated developmental disclosures, framing them as entities with traits like heartbeats and pain response.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: Establishes a private right of action for violations, allowing individuals to sue without relying solely on government enforcement. It ties into interstate commerce to assert federal authority, potentially expanding federal reach into state-regulated medicine. The bill avoids preempting tougher state laws, allowing variation (e.g., states with existing waiting periods or ultrasound rules).
• Constitutional Implications: Could spark challenges under the 14th Amendment's due process clause or privacy rights (e.g., from cases like Planned Parenthood v. Casey, which upheld some informed consent but struck down undue burdens). The fetal development disclosures might be seen as promoting a specific viewpoint on abortion, raising free speech or equal protection concerns.
• Political Implications: Reinforces federal involvement in abortion regulation following the 2022 Dobbs v. Jackson decision, which returned authority to states. It aligns with efforts to add informational hurdles to abortions without outright bans, potentially influencing ongoing debates on reproductive rights.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Miller, Mary E. [R-IL-15]

Cosponsors (12)

Rep. Babin, Brian [R-TX-36], Rep. Finstad, Brad [R-MN-1], Rep. Rutherford, John H. [R-FL-5], Rep. Moore, Barry [R-AL-1], Rep. Moore, Riley [R-WV-2], Rep. Ogles, Andrew [R-TN-5], Rep. Webster, Daniel [R-FL-11], Rep. Tenney, Claudia [R-NY-24], Rep. Self, Keith [R-TX-3], Rep. Harris, Andy [R-MD-1], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Harris, Mark [R-NC-8]

Recent Actions

• 2025-01-28: Referred to the House Committee on Energy and Commerce.
• 2025-01-28: Introduced in House
• 2025-01-28: Introduced in House

Bill Versions

• Ultrasounds Save Lives Act of 2025 — issued 2025-01-28 — PDF (11 pages)