Signed by Governor Brian Kemp

Vote Smart's Synopsis:

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

Highlights:

• Specifies that as early as 6 weeks of gestation, an unborn child may have a “detectable human heartbeat” (Sec. 8).

• Specifies that the following situations authorizes an abortion after a fetal heartbeat is detected, including (Sec. 4):

• A physician determines that a medical emergency exists;

• The probable gestational age of the unborn is 20 weeks or less and the pregnancy is the result of rape or incest in which an official police report has been filed alleging the offense of rape or incest; or

• A physician determines that the pregnancy is medically futile.

• Requires medical aid to be provided to a child capable of sustained life after conducting an abortion (Sec. 4).

• Requires an abortion to only be performed a licensed physician (Sec. 4).

• Requires all abortions performed after the first trimester to only be performed in a licensed hospital, a licensed ambulatory surgical center, or a health facility licensed as an abortion facility by the Department of Community Health (Sec 4).

• Requires, unless otherwise provided by law, any natural person, including an unborn child with a detectable heartbeat, to be included in the state’s population based determination (Sec. 3).

• Authorizes any women upon whom an abortion is performed in violation of this Act may recover all damages available to them under state law for any torts, through a civil action from the person who violated this Act (Sec. 4).

• Authorizes the following scenarios as affirmative defenses to prosecution under this Act, including (Sec. 4):

• A licensed physician provides medical treatment to a pregnant women that results in the accidental or unintentional injury or death of an unborn child;

• An advanced practice registered nurse or registered professional nurse engaged in the practice of nursing to provide care for a pregnant women and results in the accidental or unintentional injury or death of an unborn child;

• A licensed pharmacist engages in the practice of pharmacy to provide care for a pregnant woman and results in the accidental  or unintentional injury or death of an unborn child;

• A licensed physician assistant provides care to a pregnant women and results in the accidental  or unintentional injury or death of an unborn child; or

• A woman sought an abortion because she reasonably believed that an abortion was the only way to prevent a medical emergency.

• Defines “detectable human heartbeat” as an embryonic cardiac heartbeat or the steady and repetitive contraction of the heart within the gestational sac (Sec. 3).

Full Bill Text

Vote Smart's Synopsis:

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

Highlights:

• Specifies that as early as 6 weeks of gestation, an unborn child may have a “detectable human heartbeat” (Sec. 8).

• Specifies that the following situations authorizes an abortion after a fetal heartbeat is detected, including (Sec. 4):

• A physician determines that a medical emergency exists;

• The probable gestational age of the unborn is 20 weeks or less and the pregnancy is the result of rape or incest in which an official police report has been filed alleging the offense of rape or incest; or

• A physician determines that the pregnancy is medically futile.

• Requires medical aid to be provided to a child capable of sustained life after conducting an abortion (Sec. 4).

• Requires an abortion to only be performed a licensed physician (Sec. 4).

• Requires all abortions performed after the first trimester to only be performed in a licensed hospital, a licensed ambulatory surgical center, or a health facility licensed as an abortion facility by the Department of Community Health (Sec 4).

• Requires, unless otherwise provided by law, any natural person, including an unborn child with a detectable heartbeat, to be included in the state’s population based determination (Sec. 3).

• Authorizes any women upon whom an abortion is performed in violation of this Act may recover all damages available to them under state law for any torts, through a civil action from the person who violated this Act (Sec. 4).

• Authorizes the following scenarios as affirmative defenses to prosecution under this Act, including (Sec. 4):

• A licensed physician provides medical treatment to a pregnant women that results in the accidental or unintentional injury or death of an unborn child;

• An advanced practice registered nurse or registered professional nurse engaged in the practice of nursing to provide care for a pregnant women and results in the accidental or unintentional injury or death of an unborn child;

• A licensed pharmacist engages in the practice of pharmacy to provide care for a pregnant woman and results in the accidental  or unintentional injury or death of an unborn child;

• A licensed physician assistant provides care to a pregnant women and results in the accidental  or unintentional injury or death of an unborn child; or

• A woman sought an abortion because she reasonably believed that an abortion was the only way to prevent a medical emergency.

• Defines “detectable human heartbeat” as an embryonic cardiac heartbeat or the steady and repetitive contraction of the heart within the gestational sac (Sec. 3).

Full Bill Text

Vote Smart's Synopsis:

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

Highlights:

• Prohibits an abortion from being performed if the unborn child has been determined to have a heartbeat unless the pregnancy is diagnosed as medically futile, or except when, in reasonable medical judgment the abortion is (Sec. 3-1):

• Necessary to avert the death of the pregnant woman or avert serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman;

• Necessary to preserve the life of an unborn child; or

• Because of a pregnancy with an unborn child of 20 weeks or less gestational age that resulted from rape or incest in which an official police report has been filed alleging the offense of rape or incest.

• Requires a physician, if an abortion is necessary, to terminate the pregnancy in the manner which, in reasonable medical judgement, provides the best opportunity of the unborn child to survive unless, in reasonable medical judgement, termination of the pregnancy in the in that manner would pose a greater risk either of death of the pregnant woman or the substantial and irreversible physical impairment of a major bodily function of the pregnant women than would another available method (Sec. 3-1).

• Prohibits an abortion from being performed after the first trimester unless the abortion is performed in a licensed hospital, in a licensed ambulatory surgical center, or in a health facility licensed as an abortion facility by the Department of Community Health (Sec. 3-1).

• Requires an abortion to only be performed a licensed physician (Sec. 3-1).

• Requires physician, hospital, or other licensed health facility records to be available to law enforcement agencies within within the judicial circuit in which the physician, hospital, or health facility is located (Sec. 3-1).

• Requires, unless otherwise provided by law, any natural person, including an unborn child at any stage of development who is carried in the womb, to be included in the state’s population based determination (Sec. 2-1).

Full Bill Text