Ultrasound and 24-Hour Wait Before Abortion

HB1281 establishes a meaningful moment of transparency before an abortion is performed in Maryland. Under the bill, a qualified provider may not perform or induce an abortion until at least 24 hours after the woman receives transabdominal ultrasound imaging conducted by a trained medical professional working under appropriate supervision. For women who reside at least 100 miles from the facility, that period is reduced to 2 hours. The American Council believes this measured pause honors the gravity of the decision and the dignity of every life involved.

The bill's procedural requirements are carefully constructed. The performing medical professional must attempt to determine gestational age by measurement consistent with the standard of care, include in the image the dimensions of the fetus and an accurate portrayal of external members and internal organs if present and viewable, and verbally offer the woman the opportunity to view the image, receive a printed copy, and hear the fetal heartbeat. Nothing in the bill compels a woman to accept any of these offers; the decision remains entirely hers. What the bill insists upon is that the offer be made, honestly and clearly, so that the choice is an informed one.

Documentation and accountability accompany these requirements. A printed copy of the ultrasound image must be retained by the facility for the greater of 7 years or any longer period required by federal or state law. Written certification from the woman confirms that the required offers were made. A qualified provider who violates these provisions faces a civil penalty of up to $2,500. At the same time, the bill expressly preserves provider discretion: nothing in it prohibits a qualified provider from using ultrasound imaging the provider considers medically appropriate and consistent with the standard of care.

The bill includes a straightforward exemption for victims of alleged rape or incest who have reported the incident to law enforcement, ensuring that the most vulnerable women are not subjected to additional procedural burdens in already devastating circumstances.

The American Council holds that informed consent is not a bureaucratic formality but a moral baseline. Every woman deserves complete, accurate information before a consequential and irreversible procedure. HB1281 provides exactly that framework, and we urge every member of the Maryland legislature to vote yes.