Ultrasound and “Fetal Heartbeat” Test Requirements for Abortion

During the past two decades, many states across the country have passed laws and policies that delay abortion care and make it less accessible. Among these restrictions (which also include counseling requirements and mandatory waiting periods) are requirements that individuals undergo an ultrasound, in some cases including detection of fetal cardiac activity, before receiving an abortion.

Although ultrasounds and fetal cardiac activity tests are legitimate components of pregnancy care, some anti-abortion policymakers have moved to require them for abortion care in order to complicate access to abortion, personify the fetus or embryo, and, ultimately, dissuade people from obtaining abortion care.

Ultrasounds, while often used in the context of abortion care to determine gestational duration, are not considered medically necessary prior to most abortions, and some laws mandating them include fully unnecessary requirements that providers share ultrasound images and information with the patient. Fetal cardiac activity tests (often referred to as “fetal heartbeat” tests, even though, as part of abortion care, they are often performed before the embryo’s heart has developed) are not medically necessary for any abortion.

Highlights
  • 13 states require an ultrasound to be performed before an abortion.
    • 6 of these states require the provider to display and describe the image.
  • 15 states require a fetal cardiac activity test to be performed before an abortion.
    • 3 of these states require the provider to play sounds generated by the test.
  • 10 states that require ultrasound or fetal cardiac activity tests also have total abortion bans, so these policies are rarely enforced.
Current Policy Status Table
Ultrasound and Fetal Cardiac Activity Test Requirements for Abortion
JurisdictionUltrasound Fetal cardiac activity test 
Test requiredProvider must display and describe ultrasoundProvider must offer to display and describe ultrasound Basis for waiver or exemptionTest requiredProvider must play sounds generated by testProvider must give patient the option to listenBasis for waiver or exemption
Alabama (total ban)X
 
Xmedical emergency
 

 

 

 
ArizonaX
 
Xmedical emergencyX
 
Xmedical emergency
Arkansas (total ban)XX (patient may avert eyes) 

medical emergency*


 

X  medical emergency
FloridaX Xmedical emergency   
 
Georgia
 

 

 

 
X
 

 
medical emergency, medically futile pregnancy
Idaho (total ban)
 

 

 

 
X
 

 
medical emergency
Indiana (total ban)X X (display only)medical emergency*X X
 
IowaX Xmedical emergency* Xmedical emergency, cases in which abortion is medically necessary
Kentucky (total ban)XX (patient may avert eyes) medical emergencyX (patient may ask volume to be turned off) medical emergency
Louisiana (total ban)XX (patient may avert eyes; verbal description not required in cases of rape) medical emergencyX (patient may choose not to listen) medical emergency 
Mississippi (total ban)X X (display only)
 
X X 
Ohio
 

 

 

 
X
 
medical emergency 
Oklahoma (total ban)
 

 

 

 
X
 

 

 
South Carolina
 
medical emergency*X medical emergency
Tennessee (total ban)XX (patient may avert eyes) medical emergency*X (patient may ask volume to be turned off) medical emergency*
Texas (total ban)X (describe only; not required in cases of rape or incest)X (display only)medical emergencyX  medical emergency
WisconsinX (patient may decline) medical emergency, sexual assault reported to law enforcementX (cardiac activity or fetal heartbeat must be displayed, patient may decline)  medical emergency, sexual assault reported to law enforcement
TOTAL136812153612
Notes: Table includes only those jurisdictions with current policies relevant to this topic. States with total abortion bans are labeled; in those states, ultrasound and fetal cardiac activity test provisions related to abortion are technically in effect but are enforceable only when an abortion is allowed under an exception to the total ban. For accuracy, the table generally reflects the wording of state statutes.
*“Medical emergency” excludes mental or emotional conditions and threat of self-harm, except in two states: Indiana (definition of medical emergency excludes self-harm only) and Iowa (definition of medical emergency excludes psychological, emotional and familial conditions, and age).

Source URL: https://www.guttmacher.org/state-policy/explore/ultrasound-requirements