SB9 Alabama 2016 Session

Summary

Primary Sponsor

Gerald H. AllenSenator

Republican

Session

Regular Session 2016

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

SB9 would ban abortions after a fetal heartbeat is detected, require doctors to check for a heartbeat before abortion, document the results, and impose criminal and licensing penalties on violators with specific exceptions.

What This Bill Does

It defines abortion for this act and lists exceptions (such as ectopic pregnancy, lethal anomalies, and situations where abortion is needed to save the mother's life or prevent serious health harm). It requires a physician to determine if a detectable heartbeat exists before performing an abortion, and prohibits abortion after a heartbeat is detected unless an exception applies. It requires written documentation of how the heartbeat was checked and the results, to be kept for at least seven years and available to the patient and state regulators. It imposes criminal penalties (Class C felony) on physicians who fail to perform the heartbeat check or who perform an abortion after a heartbeat is detected, and it permits license revocation and other disciplinary actions; pregnant women would not be prosecuted. The act would take effect 30 days after the governor signs it.

Who It Affects

• Physicians and abortion providers would be required to perform heartbeat checks, document the results, and could face a Class C felony charge, license revocation, and other disciplinary actions for violations.
• Pregnant women would be affected by the restriction on abortions after a heartbeat is detected, but they would not be prosecuted under this act.
• State health regulators and medical licensing authorities would have access to the required documentation and be responsible for enforcement.
• Medical facilities and clinicians would need to maintain heartbeat-detection records for at least seven years and provide access to regulators and patients upon request.

Key Provisions

• Defines abortion for the act and lists exceptions (ectopic pregnancy, lethal anomaly, life/health exceptions for the mother) and clarifies what is not considered an abortion in these rules.
• Requires the physician to determine whether a detectable heartbeat exists before performing an abortion, following applicable medical standards of care.
• Prohibits performing an abortion if a heartbeat has been detected, unless an approved exception applies.
• Requires written documentation of the heartbeat-detection procedure and its results; records must be kept for at least seven years and be available to the patient and state regulators.
• Imposes criminal penalties on physicians who fail to perform heartbeat determination or who perform an abortion after a heartbeat is detected (Class C felony); physicians may also face license revocation and other disciplinary actions.
• Provides that the pregnant woman shall not be prosecuted for violation of the act or conspiracy, and includes conditions under which abortion may be performed to save the mother's life or prevent substantial and irreversible health harm.
• Allows abortions under medical exception to treat life-threatening conditions or substantial health risks when not performing an abortion would likely result in death or severe impairment (excluding psychological conditions), with documentation of medical rationale required.
• Effective date: the law would take effect 30 days after the governor signs it; the act includes severability and local-funding considerations related to a constitutional amendment.

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