(ii) Cardiac activity begins at a biologically
identifiable moment in time, normally when the fetal
heart is formed in the gestational sac.
(iii) In order to make an informed choice about
whether to continue the pregnancy, a pregnant woman has a
legitimate interest in knowing the likelihood of the
fetus surviving to full-term birth based upon the
presence of cardiac activity.
* * *
Section 2. Title 18 is amended by adding a section to read:
§ 3203.1. Fetal heartbeat examination.
Before performing an abortion, a physician shall conduct a
physical examination of the pregnant woman and her unborn child
to determine if there is a fetal heartbeat present. The
physician shall utilize the physician's best clinical judgment
to determine whether or not a fetal heartbeat is present.
Section 3. Sections 3204(a), 3211 heading, (a) and (b)(2)
and 3214(a)(1) of Title 18 are amended to read:
§ 3204. Medical consultation and judgment.
(a) Abortion prohibited; exceptions.--No abortion shall be
performed after a fetal heartbeat is detected. If there is no
fetal heartbeat, no abortion shall be performed except by a
physician after either:
(1) he determines that, in his best clinical judgment,
the abortion is necessary; or
(2) he receives what he reasonably believes to be a
written statement signed by another physician, hereinafter
called the "referring physician," certifying that in this
referring physician's best clinical judgment the abortion is
necessary.
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