AB 1065

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.

A woman upon whom an abortion is performed or induced or attempted to be

performed or induced may bring a claim for damages, including damages for personal

injury and emotional and psychological distress, against a person who performs, or

attempts to perform, an abortion in violation of the bill's prohibitions. Additionally,

the father, grandparent, or family member, as specified in the bill, of the unborn child

or any other person may bring a claim for damages. A person who prevails in an

action must recover no less than $10,000 for each abortion performed or induced or

attempted to be performed or induced in violation of the bill.

Under current law, before a person may perform or induce an abortion on a

pregnant woman, an ultrasound must be performed. During the ultrasound, a

person is required to perform certain actions, including providing a simultaneous

oral explanation to the pregnant woman of what the ultrasound is depicting and