HB490 Alabama 2014 Session

Summary

Primary Sponsor

Mary Sue McClurkinCity Council

Republican

Co-Sponsors

April WeaverAlan HarperAllen FarleyMike HillLynn GreerWayne JohnsonKen JohnsonRichard BaughnKerry RichBarry MoorePaul W. LeeMac ButtramDonnie ChesteenDavid SessionsMargie WilcoxDan WilliamsBecky NordgrenMack N. ButlerTerri CollinsMark TuggleJim CarnsMike JonesJack WilliamsWilliam RobertsEd HenryKurt Wallace

Session

Regular Session 2014

Title

Fetal Heartbeat Act, prohibits physician from performing abortion without first determining fetal heartbeat, physician who does not make determination or who performs abortion when heartbeat detected is guilty of Class C felony

Summary

HB490 would ban abortions after a fetal heartbeat is detected, require doctors to check for a heartbeat before abortion, and document the results, with penalties for violations.

What This Bill Does

The bill defines abortion and lists exceptions (ectopic pregnancy, lethal anomalies, and actions to protect the mother's life or health or deliver to preserve health). It would require a physician to determine if a detectable fetal heartbeat exists before performing an abortion and to document the test results. Abortion would be prohibited after a heartbeat is detected, with medical exceptions allowed to save the mother’s life or prevent substantial harm; it also requires physicians to declare in writing the necessity when abortion is performed after heartbeat. Violations could lead to Class C felony penalties for the physician, license suspension or revocation, and required record-keeping for at least seven years, while pregnant women are not prosecuted.

Who It Affects

• Physicians and other medical providers who perform abortions: must check for a detectable heartbeat before abortion, document results, and could face felony charges or disciplinary action if they fail to do so or if they perform an abortion after a heartbeat is detected.
• Pregnant women seeking abortion: could be denied abortion after a heartbeat is detected unless an exception applies; not prosecuted under this act; records of heartbeat testing and decisions may be maintained and accessed by regulators.

Key Provisions

• Defines abortion and lists exceptions, including ectopic pregnancy and a lethal anomaly, and situations to preserve the health or life of the mother or to deliver to preserve health.
• Requires a physician to determine the presence of a detectable heartbeat before performing an abortion, using the applicable medical standard of care.
• Prohibits performing an abortion after a heartbeat has been detected, with exceptions only for medical necessity to prevent death or substantial, irreversible impairment of a major bodily function.
• Requires written documentation of the heartbeat determination, including the procedure used, date, and results, and preserves these records for at least seven years with access to the patient and state regulators.
• If an abortion is performed after a heartbeat is detected, the physician must write a declaration of necessity and provide the medical rationale, including the patient’s condition and why the abortion was necessary to prevent death or major impairment.
• Penalties include a Class C felony for failing to perform heartbeat testing or for performing an abortion after heartbeat detection; physicians face license revocation and other disciplinary actions; pregnant women are not prosecuted.
• Contraceptive measures are not restricted by this act; the bill notes local-fund expenditure considerations but is structured to avoid triggering local-fund approval requirements; the law becomes effective 30 days after the governor signs it.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Abortion