AB 227

Under current law, a woman upon whom an abortion is to be performed or

induced must give voluntary and informed written consent to the abortion. Consent

is voluntary only if it is given freely and without coercion. Current law requires the

physician who is to perform or induce the abortion to determine whether or not the

woman's consent is, in fact, voluntary by speaking to her in person, out of the

presence of anyone other than a person working for or with the physician. Under

current law, a woman's consent to an abortion is considered informed only if, at least

24 hours before the abortion is performed or induced, the physician or an assistant

has, in person, orally provided the woman with certain information and given to the

woman certain written materials. If the pregnancy is the result of sexual assault or

incest, the 24-hour period, but not the provision of information, may be waived or

reduced under certain circumstances.

This bill requires, except in a medical emergency and except in the situation

where the pregnancy is the result of sexual assault or incest, that before a person may

perform or induce an abortion the physician who is to perform or induce the abortion

or any physician requested by the pregnant woman must do all of the following:

perform, or arrange for a qualified person to perform, an ultrasound on the pregnant

woman using whichever transducer the woman chooses; provide a simultaneous oral

explanation during the ultrasound including the number of unborn children and

presence and location of the unborn child; display the ultrasound images so that the

pregnant woman may view them; provide a medical description of the ultrasound

images including the dimensions of the unborn child and a description of any

viewable external features and internal organs of the unborn child; and provide a

means for the pregnant woman to visualize any fetal heartbeat, in a quality

consistent with current medical practice, and a simultaneous oral explanation of the

visual display of the heartbeat in a manner understandable to a layperson

(ultrasound requirements). No person may require the pregnant woman to view the

ultrasound images or visualize any fetal heartbeat and no person, including the

pregnant woman, may be subject to any penalty if the pregnant woman declines to

view the images or visualize any heartbeat. In a medical emergency, the

performance of an ultrasound is not required if the physician certifies in writing that

the pregnant woman is undergoing a medical emergency and what medical condition

constitutes the emergency. Under the bill, the ultrasound requirements are waived

for a woman whose pregnancy is the result of sexual assault and she satisfies certain

requirements, which are the same for waiving the 24-hour period for consent to be

informed.

The bill requires that, as part of the information a physician must provide a

pregnant woman at least 24 hours before an abortion is performed or induced, the

physician must tell the pregnant woman that she is required to obtain an ultrasound

and must provide her a list of facilities that provide ultrasounds at no cost. The