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Key Votes

HB 280 - Require Ultrasound Prior to Abortion - Key Vote

Montana Key Votes

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NOTE: THIS IS A SECOND READING VOTE TO CUT OFF DEBATE ON THE BILL AND ADVANCE IT TO THE THIRD READING IN WHICH AN UP-OR-DOWN VOTE FOR PASSAGE WILL OCCUR.

Stage Details

Legislation - Bill Failed (House) (47-53) - (Key vote)

Title: Require Ultrasound Prior to Abortion

Vote Smart's Synopsis:

Vote to pass a bill that requires physicians or qualified technicians to perform an ultrasound prior to performing an abortion.

Highlights:
  • Requires an abortion provider or qualified technician to do the following (Sec. 3):
    • Perform an obstetric ultrasound, accompanied by a simultaneous verbal explanation of what the ultrasound is depicting, including the presence and location of the fetus and the number of fetuses;
    • Provide an explanation of fetal demise, if the ultrasound indicates that fetal demise has occurred;
    • Display the ultrasound images so that the woman may view them; and
    • Provide a medical description of the ultrasound images which must include the dimensions of the embryo or fetus and the presence of external members and internal organs if present and viewable.
  • Defines "qualified technician" as a registered diagnostic medical sonographer who is certified by the American registry for diagnostic medical sonography, or a nurse midwife or advanced practice registered nurse in obstetrics with certification in obstetrical ultrasonography (Sec. 2).
  • Authorizes the pregnant woman to avert her eyes from the ultrasound images at no penalty to the woman or the physician (Sec. 3).
  • Exempts abortion providers from the provisions of this act in cases of medical emergency (Sec. 4).
  • Defines "medical emergency" as a condition that necessitates the immediate abortion of the pregnancy in order to avert the woman's death, or if delay will create the serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions (Sec. 4).
  • Establishes the penalty for abortion providers who fail to comply with this act as a misdemeanor punishable by up to 6 months in prison or a fine of no more than $1,000, or both (Sec. 5).
  • Authorizes the following people to sue for civil punitive damages if an abortion is attempted or performed in violation of this act (Sec. 6):
    • Father of the fetus;
    • Grandparent of the fetus; or
    • The person upon whom an abortion has been attempted in violation of this act.
Legislation - Introduced (House) -

Title: Require Ultrasound Prior to Abortion

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