SB49 Alabama 2010 Session

Summary

Primary Sponsor

Henry Eugene “Hank” Erwin Jr.

Republican

Session

Regular Session 2010

Title

Abortions, ultrasound requirements further provided for, Sec. 26-23A-4 am'd.

Summary

SB49 would require expanded ultrasound use and detailed informed consent for abortions in Alabama, including showing ultrasound images and explaining results to the mother at least 24 hours before the procedure plus related information and record-keeping.

What This Bill Does

The bill amends the abortion law to require the physician or a qualified person to inform the woman about the proposed abortion method, risks, alternatives, and the fetus’s gestational age and characteristics; if the fetus is viable or over 19 weeks, the woman has rights to consider life-preserving options and the doctor must take steps if the baby is born alive. It also requires performing an ultrasound before the abortion, explaining the results, displaying the images, and providing a medical description. It mandates a 24-hour notice with printed materials listing available services and options, and requires signed acknowledgments and consent forms, with records kept for at least four years. It reinforces the woman’s right not to view the ultrasound and to withdraw consent, and includes information about anti-Rh therapy for Rh-negative women.

Who It Affects

• Pregnant women seeking abortions: must receive more information, view or be offered to view ultrasound images, sign forms, and have a waiting period and documented consent.
• Physicians and abortion facilities: must perform ultrasounds, provide explanations and images, supply mandatory information and materials, and maintain required records for all abortions.
• Referring physicians and qualified persons: involved in delivering the required information and materials prior to abortion.
• Agencies listed in the materials (assistance, adoption, etc.): must be included in the information provided to patients and participate as referenced by the law.
• Unborn child (in terms of viability and characteristics): the bill uses gestational age and viability to inform certain rights and medical actions if the fetus is viable or born alive.
• Rh-negative women: the bill requires discussion of anti-Rh immune globulin therapy and its consequences.

Key Provisions

• Before abortion, provide in-person or mailed (with in-person follow-up) printed materials listing agencies offering assistance, adoption agencies, fetal development information, risks of abortion and childbirth, and alternatives; mailing may be arranged by telephone.
• Prior to abortion, inform the woman (a) the name of the physician who will perform the abortion, (b) the nature of the proposed method and its risks and alternatives, and (c) the probable gestational age and fetal characteristics; if viable beyond 19 weeks, address life-preserving options and steps if the baby is born alive.
• The physician must perform an ultrasound, allow the woman to view it, have her acknowledge via a form whether she saw it or was offered the opportunity, provide an explanation of the results, display the ultrasound images, and give a medical description including embryo/fetus dimensions and organ visibility; the woman may avert her eyes if she chooses.
• The woman has rights regarding the ultrasound and videotape, including viewing and potential denial of viewing, and information about anti-Rh therapy if applicable; she cannot be forced to have an abortion and may withdraw consent without losing future care or benefits.
• Documentation and retention: the physician or agent must obtain signed receipts and consent forms, retain the records and ultrasound in the woman’s medical file for at least four years, and keep these documents as required by law.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Abortion