Ultrasound Informed Consent Act

In this title:

The term abortion means the intentional use or prescription of any instrument, medicine, drug, substance, device, or method to terminate the life of an unborn child, or to terminate the pregnancy of a woman known to be pregnant, with an intention other than—

(A) to produce a live birth and preserve the life and health of the child after live birth; or

(B) to remove an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child.

The term abortion provider means any person legally qualified to perform an abortion under applicable Federal and State laws.

The term unborn child means a member of the species homo sapiens, at any stage of development prior to birth.

The term unemancipated minor means a minor who is subject to the control, authority, and supervision of his or her parent or guardian, as determined under State law.

The term woman means a female human being whether or not she has reached the age of majority.

Any abortion provider in or affecting interstate or foreign commerce, who knowingly performs any abortion, shall comply with the requirements of this title.

Prior to a woman giving informed consent to having any part of an abortion performed, the abortion provider who is to perform the abortion, or an agent under the supervision of the provider, shall—

(1) perform an obstetric ultrasound on the pregnant woman;

(2) provide a simultaneous explanation of what the ultrasound is depicting;

(3) display the ultrasound images so that the pregnant woman may view them; and

(4) provide a complete medical description of the ultrasound images, which shall include all of the following: the dimensions of the embryo or fetus, cardiac activity if present and visible, and the presence of external members and internal organs if present and viewable.

Nothing in this section shall be construed to prevent a pregnant woman from turning her eyes away from the ultrasound images required to be displayed and described to her. Neither the abortion provider nor the pregnant woman shall be subject to any penalty under this title if the pregnant woman declines to look at the displayed ultrasound images.

The provisions of section 3402 shall not apply to an abortion provider if the abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.

Upon a determination by an abortion provider under subsection (a) that an abortion is necessary to save the life of a mother, such provider shall include in the medical file of the pregnant woman a truthful and accurate certification of the specific medical circumstances that support such determination.

The Attorney General may commence a civil action in Federal court under this section against any abortion provider who knowingly commits an act constituting a violation of this title for a penalty in an amount not to exceed—

(A) $100,000 for each such violation that is adjudicated in the first proceeding against such provider under this title; and

(B) $250,000 for each violation of this title that is adjudicated in a subsequent proceeding against such provider under this title.

Upon the assessment of a civil penalty under paragraph (1), the Attorney General shall notify the appropriate State medical licensing authority.

A woman upon whom an abortion has been performed in violation of this title may commence a civil action against the abortion provider for any violation of this title for actual and punitive damages. For purposes of the preceding sentence, actual damages are objectively verifiable money damages for all injuries.