Abortion ultrasound measure advances

View larger image Jill Holtzman Vogel View larger image Mark Obenshain

Imaging of fetus would be required under Vogel bill

By Alex Bridges -- abridges@nvdaily.com

Virginia would require women who seek an abortion to first obtain an ultrasound image of the fetus if a bill passed by the Senate on Wednesday becomes law.

The Senate voted 21-18 in favor of the proposed legislation, according to the General Assembly website. Votes fell largely along party lines, with two Democrats in favor of the bill and one Republican against the legislation. Sen. Mark D. Obenshain, R-Harrisonburg, voted in favor of the bill. Sen. Louise L. Lucas, D-Portsmouth, did not vote.

The legislation moves to the House of Delegates, where Republicans hold two-thirds of the seats.

The bill's patron, Sen. Jill H. Vogel, R-Upperville, argued the legislation sought to keep women informed about their health and "brings our current laws in line with current reproductive technology."

"It is critical that a woman have the opportunity to have the ultrasound because the ultrasound can lead to information that would save your life or, at a minimum, have an impact on the outcome of the procedure," Vogel said by phone from Richmond Wednesday afternoon. "So, if you have an ectopic pregnancy or you have multiples or you have some issue, you should have the option to know that."

While the bill mandates the creation of the ultrasound, it does not require that the patient see the image, according to Vogel. The legislation would prohibit doctors from performing abortions without first conducting an ultrasound.

"Now, I would assume that virtually every provider engaging in the practice of performing abortions is going to do an ultrasound," Vogel said. "Who in their right mind is going to go in and go, 'Well I'm looking at you and I'm sizing you up and I'm going to guess you're 12 weeks?'"

A doctor lost his license when he began performing an abortion on a woman at 26 weeks pregnant who he had thought to be only at 12 weeks, Vogel said.

As proposed, the bill requires that, to determine gestation age as a component of informed consent to an abortion, every pregnant female undergo ultrasound imaging and be given the opportunity to view the image of the fetus before the procedure. The medical professional performing the ultrasound must obtain written certification from the woman that the opportunity was offered and whether the patient availed herself of the chance to see the ultrasound image or hear the fetal heartbeat.

The bill also requires the facility where the abortion is performed to maintain a copy of the ultrasound and written certification in the patient's medical records.

"The purpose of the bill was not to infringe on abortion rights," Vogel said. "It was not to infringe on the sacred doctor-patient relationship. It wasn't to invade anybody's privacy. It wasn't to force anybody to do anything."