HB 77 - Prohibits Abortion After a Fetal Heartbeat is Detected - Tennessee Key Vote

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Title: Prohibits Abortion After a Fetal Heartbeat is Detected

Vote Smart's Synopsis:

Vote to pass a bill that prohibits abortions after a fetal heartbeat is detected.

Highlights:

 

  • Defines “Fetal heartbeat” as cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac (Sec. 1).

  • Requires that the licensed physician performing the ultrasound to determine the presence of a heartbeat give the woman the option to view or hear the fetal heartbeat (Sec.2).

  • Specifies that a pregnant woman shall not be guilty of a criminal abortion or an attempt to procure a criminal miscarriage if under the following circumstances, including, but not limited to (Sec. 2):

    • Cases of medical emergency;

    • When the ultrasound does not reveal a fetal heartbeat; or

    • In cases of medical emergency after detection of a fetal heartbeat.

  • Requires that the licensed physician performing an abortion determine and document the presence or absence of a fetal heartbeat via ultrasound prior to procedure, as well as the following, including, but not limited to (Sec. 2):

    • The pregnant individuals medical record and estimated gestational age of the fetus;

    • Ultrasound method used to test for fetal heartbeat and date and time of the test; and

    • The results of the ultrasound including whether a fetal heartbeat was detected.

  • Authorizes woman that were given incorrect or false information to file a civil action, and if victorious, be entitled to the following (Sec. 2):

    • Damages in an amount determined by the trier of fact after consideration of evidence; and

    • Court costs and reasonable attorney’s fees.

Title: Prohibits Abortion After a Fetal Heartbeat is Detected

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