Detection of and abortion after detection of a fetal heartbeat and providing a penalty

What it would have done

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill prohibits, except when a medical emergency exists, any person from performing or inducing an abortion, or attempting to perform or induce an abortion, unless the person performing or inducing the abortion has first determined, or has relied on a determination made as to, whether the woman's unborn child has a detectable fetal heartbeat. The person, in attempting to detect the heartbeat, must use the most effective means of detecting the heartbeat based on the probable postfertilization age of the unborn child and condition of the woman and her pregnancy. The physician who makes or relies on a determination of whether the unborn child has a detectable fetal heartbeat must record the probable postfertilization age, the method of determining that age or the medical emergency that resulted in no determination of postfertilization age, the means used to detect the fetal heartbeat, and the date, time, and results of the use of the means to detect the heartbeat in the woman's medical record. The bill also prohibits any person from performing, inducing, or attempting to perform or induce an abortion on a woman if a fetal heartbeat is detected except when a medical emergency exists. Under the bill, an allegation that a physician violated either prohibition in the bill is considered an allegation of unprofessional conduct, and the Medical Examining Board is required to investigate allegations of unprofessional conduct.

Under the bill, a “medical emergency” means a condition that so complicates the medical condition of a pregnant woman as to necessitate immediate medical intervention to avert her death or for which a delay will create serious risk of substantial and irreversible physical impairment of one or more of the woman's major bodily functions. A physician who performs a medical intervention designed or intended to prevent the death of a pregnant woman is considered not to have violated the bill's requirements, except that the physician is required to make reasonable medical efforts under the circumstances to preserve both the life of the woman and the life of the unborn child in a manner consistent with conventional medical practice.

Who's behind it

19 lawmakers are its authors⁠. All 19 are Republicans.

9 more lawmakers signed on in support⁠.