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119-hr-48119th CongressWALLET

Ultrasound Informed Consent Act

Sponsored By: Representative Biggs, Andy [R-AZ-5]

Introduced

Summary

This bill would require abortion providers to perform an obstetric ultrasound and explain and display the images before a woman may give informed consent. Mandatory ultrasound-informed consent is paired with penalties and a private right of action, and the bill includes an emergency exception and a patient option to decline viewing the images.

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  • Women and patients: A woman would be offered a simultaneous explanation of the ultrasound and shown the images. She could choose to look away without penalty, and the rule would not apply if a physical condition endangers her life.
  • Providers and clinics: Providers would have to provide a detailed medical description of the images, including fetal dimensions, cardiac activity if visible, and external or internal anatomy if viewable. Violations could trigger civil penalties up to $100,000 for the first adjudicated violation and up to $250,000 for later violations, plus potential private damages.
  • Legal and state enforcement: The bill creates a federal private right of action for women harmed by violations. The Attorney General may pursue civil penalties in federal court and state medical licensing authorities would be notified after penalties are assessed. The bill also says it does not preempt state laws that require stronger disclosures or penalties.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 0 costs, 3 mixed.

Penalties and lawsuits for violations

The Attorney General could sue a provider who knowingly breaks these rules. A first adjudicated violation could cost up to $100,000. Later violations could cost up to $250,000. State medical boards would be told when a penalty is assessed. If your abortion violated this title, you could sue for actual and punitive damages. Actual damages means real, verifiable money losses. These measures would take effect upon enactment.

Ultrasound and explanation before abortion

Abortion providers would need to do an ultrasound before you give consent. They would show the images and explain what you are seeing. They would describe size, heartbeat if visible, and any viewable organs or limbs. You could look away, and no one would be penalized if you decline. In a life-saving emergency caused by a physical disorder, illness, or injury, the rule would not apply, but the doctor must document it. These rules would take effect upon enactment.

Definitions and state rules for abortions

The bill would define key terms like abortion, provider, unborn child, and woman. It would exclude care to produce a live birth or preserve life after birth. It would also exclude treating ectopic pregnancy or removing an unborn child that already died. States could keep or add stricter disclosures or penalties than the federal rule. If a court struck one part, the rest would still stand. These definitions and legal rules would take effect upon enactment.

Sponsors & CoSponsors

Sponsor

Biggs, Andy [R-AZ-5]

AZ • R

Cosponsors

  • Rep. Crenshaw, Dan [R-TX-2]

    TX • R

    Sponsored 1/3/2025

  • Rep. Burlison, Eric [R-MO-7]

    MO • R

    Sponsored 1/3/2025

  • Rep. Crane, Elijah [R-AZ-2]

    AZ • R

    Sponsored 1/9/2025

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
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