Fetal Heartbeat Bill (SB 244 / HB 108)

As drafted, the bill would ban abortion if a fetal heartbeat is detected. However, the bill has been amended to require additional reporting of information and notice to the pregnant woman of the right to be informed of the results of an ultrasound, if any.

Bill Analysis

The bill was amended in the House Health Subcommittee due to concerns that as written it would not survive a constitutional challenge under existing Supreme Court precedent, as states can ban abortion after “viability” which, legally, is considered to occur at 24 weeks.

As amended, the doctor performing an abortion will include information that must be reported to the Department of Health whether an ultrasound was performed on the pregnant woman, and if so, whether a heartbeat was detected. This information must also be included in the information that must be provided to the pregnant woman prior to the abortion being performed.

Bill Sponsors

Pody in the Senate
Van Huss in the House

Bill Status

Signed by Governor 5/3/18, Public Chapter 862.

Full Text: Senate Bill / House Bill