Do Abortion Providers Need to Perform an Ultrasound and Give the Woman a Choice to View the Images? (H.R. 492)

What is H.R. 492?

(Updated May 22, 2020)

This bill would require abortion providers to perform an ultrasound on a pregnant woman prior to performing an abortion. The provider would be required to explain what the ultrasound depicts, give the woman a complete medical description of the embryo or fetus, any heart activity, and any external members or internal organs that are visible.

This legislation could not be interpreted in a way that requires a woman to view the images, or punish the provider or the woman if she declines to look at the images.

An abortion provider would be exempt from this requirement if the abortion is necessary to save the life of a woman whose life is in danger. The provider would be required to include a certification of the specific medical emergency that led to that determination in the woman’s medical file.

The Attorney General would be authorized to commence a civil action in federal court against any abortion provider that knowingly violates this legislation, assess penalties, and inform state medical authorities of penalties assessed. A woman who received an abortion that was performed in violation of this legislation would be authorized to file a civil action against the provider for actual and punitive damages.

Argument in favor

Prior to having an abortion, a woman should be provided with an opportunity to view an ultrasound if she decides she wants to see the images.

Argument opposed

A woman who is seeking an abortion shouldn’t be required to have an ultrasound performed on her, even if she doesn’t decide to view the ultrasound images.

Impact

Women seeking an abortion; abortion providers; state medical authorities; and the Attorney General.

Cost of H.R. 492

A CBO cost estimate is unavailable.

Additional Info

Of Note: According to the Guttmacher Institute, a total of 25 states have regulations related to pre-abortion ultrasounds, 14 of which require verbal counseling or written materials. Here are how some of those regulations are applied:

• Three states (Louisiana, Texas, Wisconsin) mandate that an abortion provider perform an ultrasound and require the provider to show and describe the image;

• 10 states mandate that ultrasound be performed and that the woman have the opportunity to view the image;

• Nine states require a woman to be provided with an opportunity to view the ultrasound if one is performed as part of preparation for the abortion;

• Six states require that a woman be provided with the opportunity to view an ultrasound image prior to an abortion.

In-Depth: This legislation has the support of 11 cosponsors in the House, all of whom are Republicans.

• Huffington Post
• Guttmacher Institute (Context)
• National Pro-Life Alliance (In Favor)