H.R. 48 — Ultrasound Informed Consent Act

This section establishes informed consent requirements under a new title XXXIV of the Public Health Service Act for abortion providers in or affecting interstate or foreign commerce. Prior to obtaining a pregnant woman's informed consent for an abortion, the provider (or supervised agent) must perform an obstetric ultrasound, simultaneously explain its depictions, display the images for the woman to view (though she may turn away without penalty), and provide a complete medical description of the images, including dimensions of the embryo or fetus, cardiac activity if present and visible, and presence of external members and internal organs if present and viewable. The requirements do not apply if the abortion is necessary to save the mother's life due to a physical disorder, illness, or injury (including from the pregnancy), in which case the provider must certify the specific medical circumstances in the woman's medical file. It authorizes the Attorney General to pursue civil penalties in federal court of up to $100,000 per violation in a provider's first adjudicated proceeding under the title and $250,000 per violation thereafter (with notification to the relevant state medical licensing authority) and provides a private right of action for affected women against the provider for actual and punitive damages.

This section clarifies that neither the Act nor its amendments preempt state laws establishing, implementing, or continuing disclosure requirements regarding abortion or penalties for noncompliance that are more extensive than those provided under the Act.

This section includes a severability clause providing that if any provision of this Act or its amendments, or any application thereof, is held unconstitutional, the remainder of the Act and its amendments, and any application thereof, shall not be affected.