Informed Consent
A summary of laws in the states
State |
General Information |
Essential Components |
Penalties |
| Alabama
Enacted 2002 Took effect 2003 | Abortion procedure and risks, gestational age and physical characteristics of fetus, whether fetus is viable, physician's name, father's obligations, financial assistance, option to review printed materials with fetal development and abortion alternatives | One-day waiting period Ultrasound requirement Counseling on alternatives Physician-only requirement | Civil: Negligence action with compensatory and punitive damages; disciplinary action for license suspension; wrongful death
Criminal: First offense, a Class B misdemeanor; second offense, a Class A misdemeanor; third or subsequent offense, a Class C felony. After two convictions within a year at a particular facility, 24-month license suspension |
| Alaska
Enacted 1970 Took effect 1970 | Emotional, physical and psychological effects of abortion, pregnancy and childbirth, available financial assistance, how to establish a child support order, fetal development information; state-sponsored website; woman must certify receipt in writing | Counseling on alternatives | Civil: Civil liability |
| Arizona
No law | |||
| Arkansas
Enacted 2001 Took effect 2001 | Physician's name, medical and psychological risks of abortion and carrying child to term, gestational age of fetus, availability of medical assistance benefits and child support, option of viewing ultrasound, fetal pain and opportunity for anesthesia for fetus 20 weeks and older, alternatives to abortion, state-sponsored website | One-day waiting period Ultrasound requirement Counseling on fetal pain Counseling on alternatives Reporting requirements | Civil: Disciplinary action |
| California
Enacted 1978 Took effect 1978 | Nature of the abortion procedure, possible risks and complications, abortion alternatives, post-procedure medical services, family planning information | ||
| Colorado
No law | |||
| Connecticut
Enacted 1983 Took effect 1983 | For minors: abortion alternatives, the possibility of parental involvement
For all women: counseling on procedure and risks, pregnancy status | Counseling on alternatives | |
| Delaware
Enjoined | The abortion procedure and its risks and effects, including effects on child-bearing ability and future pregnancies, fetal development, "reasonable" abortion alternatives | One day waiting period Counseling on alternatives | |
| District of Columbia
No law | |||
| Florida
Enacted 1997 Took effect 2006 | Oral description of the nature and risks of the abortion, probable gestational age of the fetus, the medical risks of carrying the pregnancy to term; optional printed materials including a description of the fetus, abortion alternatives, medical assistance benefits | Counseling on alternatives | Civil: Disciplinary Action |
| Georgia
Enacted 2005 Took effect 2005 Amended 2007 | Oral or telephone counseling on the medical and psychological risks of abortion and of carrying the child to term, the gestational age of the unborn child, the availability of medical assistance, child support, that printed materials are available that describe the unborn child, abortion alternatives, and information on fetal pain | One-day waiting period Ultrasound requirement Counseling on fetal pain Counseling on alternatives Reporting requirements | Civil |
| Hawaii
No law | |||
| Idaho
Enacted 1973 Took effect 1973 | A description of the abortion and pregnancy and its complications and risks, including those related to future reproductive health, alternatives to abortion; printed materials with abortion alternatives, fetal physical characteristics | One-day waiting period Ultrasound requirement Reporting requirements | Civil |
| Illinois
No law | |||
| Indiana
Enacted 1995 Took effect 2003 | Counseling on physician's name, nature of procedure, risks and alternatives to abortion, risk of pregnancy, fetal development, gestational age, medical benefits for woman, father's liability for child support, adoption options, the availability of ultrasound and fetal heart tone monitoring services | One day waiting period Counseling on alternatives | |
| Iowa
No law | |||
| Kansas
Enacted 1997 Took effect 1997 | Counseling on physician's name, nature of procedure and risks, risks of pregnancy, gestational age, medical assistance benefits, alternatives to abortion, child support | One-day waiting period Counseling on ABC link Counseling on alternatives | Civil: Disciplinary action; civil liability |
| Kentucky
Enacted 1998 Took effect 2000 | Counseling on procedure to be performed, risks and alternatives to the procedure, risks of carrying pregnancy to term, gestational age, fetal development, medical assistance benefits for pregnancy, child support | One-day waiting period Counseling on alternatives | Civil: Disciplinary action |
| Louisiana Enacted 1978 Took effect 1978 | Counseling on physician’s name, nature of procedure, risks and alternatives to abortion, risks of pregnancy, fetal development, gestational age and viability of child, medical benefits for woman and child, father’s liability for child support, adoption | One-day waiting period Ultrasound requirement Counseling on fetal pain Counseling on alternatives Reporting requirements | Civil: Civil malpractice, disciplinary action, wrongful death
Criminal: Up to $1,000 fine, up to 2 years imprisonment, or both |
| Maine Enacted 1993
Took effect 1993 | Counseling on status of pregnancy, abortion and pregnancy risks, gestational age; counseling on alternatives at woman’s request | Counseling on alternatives | |
| Maryland
No law | |||
| Massachusetts
Enacted 1973 Enjoined | Counseling on abortion risks, fetal development, medical complications, abortion alternatives | One-day waiting period Counseling on alternatives | |
| Michigan
Enacted 1993 Took effect 1998 | Oral counseling on gestational age, physician's name, abortion and pregnancy risks, what to do in case medical complications arise from abortion, info on psychological effects of abortion, pregnancy prevention information; printed material with procedure and risks, risks of childbirth, fetal description, prenatal care and parenting info, option to view ultrasound | One day waiting period Ultrasound requirement Counseling on alternatives | |
| Minnesota
Enacted 2003 Took effect 2003 | Gestational age, medical risks of abortion, medical risks of pregnancy, abortion alternatives, facts about fetal pain (post-20-weeks gestation) and the development of the unborn child, abortion-breast cancer warning when "medically appropriate," medical assistance benefits, child support | One-day waiting period Counseling on fetal pain Counseling on ABC link Counseling on alternatives Reporting requirements Physician-only requirement | Civil: Civil action for actual and punitive damages |
| Mississippi
Enacted 1991 Took effect 1998 | Oral and in-person counseling on medical risks of abortion (breast cancer, infection, hemorrhage, danger to subsequent pregnancies and infertility) and pregnancy, gestational age, pregnancy services, name of physician; must orally and in person inform that printed information describing the unborn child and alternatives to abortion are available; printed info medical assistance, fetal development | One-day waiting period Ultrasound requirement Counseling on ABC link Counseling on alternatives | |
| Missouri
Enacted 1979 Took effect 2006 | Counseling on indicators and contra-indicators, risk factors for abortion | One day waiting period | |
| Montana
Enacted 1974, 1995 Enjoined | Counseling in person or telephone (not tape recording) on medical risks of procedure (breast cancer, infection, hemorrhage, infertility, risk to subsequent pregnancies), gestational age, medical risks of pregnancy; counseling in person, telephone or tape recording: physician's name, medical assistance benefits, child support, adoption | One-day waiting period Counseling on ABC link Counseling on alternatives Reporting requirements | Civil |
| Nebraska
Enacted 1993 Took effect 1993 | Counseling on physician's name, risks of abortion and pregnancy, pregnancy services, gestational age; printed information on abortion alternatives, fetal development, medical assistance benefits, child support | One-day waiting period Counseling on alternatives | Civil: Negligence action; recovery of attorney's fees for plaintiff who prevails |
| Nevada
Enacted 1981 Took effect 1991 | Counseling on status of pregnancy, nature of procedure and consequences, care after abortion, and the physical and emotional implications of having abortion | ||
| New Hampshire
No law | |||
| New Jersey
No law | |||
| New Mexico
No law | |||
| New York
No law | |||
| North Carolina
No law | |||
| North Dakota
Enacted 1975, 1991 Took effect 1994 | Counseling on risks of abortion (including infection, hemorrhage, danger to subsequent pregnancies, and infertility) and pregnancy, abortion alternatives, gestational age, physician's name, medical assistance benefits, child support, right to review state-prepared materials; printed information on alternatives and fetal development | One-day waiting period Counseling on alternatives | Civil: Civil action for $10,000 in punitive damages and treble damages for actual damages; if do not employ the law's definitions, may be liable for $5,000 in punitive and treble damages for actual damages |
| Ohio
Enacted 1991 Took effect 2005 | Oral counseling on physician's name, nature of procedure, risks of abortion and pregnancy, fetal development/gestational age; information on probable anatomical characteristics, medical assistance benefits, child support; printed information given on alternatives and fetal development | One-day waiting period Counseling on alternatives Physician-only requirement | Civil: Civil action for compensatory and exemplary damages; disciplinary action |
| Oklahoma
Enacted 2005 Took effect 2005 | Counseling on physicians name, medical risks of the procedure and of carrying the child to term, gestational age, medical assistance benefits, and that ultrasound imaging and heart tone monitoring are available for the woman to view and hear her unborn child; printed materials on agencies that provide alternatives and that they provide ultrasounds and heart tone monitoring, methods of abortion and their medical risks, psychological effects of abortion and carrying a child to term; for 20 weeks' gestational age or more, information on pain and the unborn child and whether an anesthetic or analgesic would alleviate pain to the unborn child | One-day waiting period Ultrasound requirement Counseling on fetal pain Counseling on alternatives Reporting requirements Physician-only requirement | Civil: Disciplinary action |
| Oregon
No law | |||
| Pennsylvania
Enacted 1982 Took effect 1992 | Oral counseling on nature of treatment, risks of abortion and pregnancy, gestational age, fetal development, medical assistance benefits, child support, right to review state-prepared material; printed information available on pregnancy services and fetal development | One-day waiting period Counseling on alternatives Physician-only requirement | Civil: Civil liability; disciplinary action
Criminal: A first offense constitutes a summary offense; subsequent offenses constitute third degree misdemeanors |
| Rhode Island
Enacted 1982 Took effect 1982 | Counseling on pregnancy status, nature of procedure, medical risks of abortion, gestational age, alternatives | One day waiting period Counseling on alternatives | |
| South Carolina
Enacted 1995 Took effect 1995 | Oral counseling on gestational age, procedure; printed information on alternatives, medical assistance benefits, fetal development, abortion and its risks, child support; one-hour waiting period | Counseling on alternatives | Criminal: For a first or second offense, a fine of not more than $1,000; for a third or subsequent offense, imprisonment for no more than 3 years, a fine of not more than $5,000, or both |
| South Dakota
Enacted 1980, 1993 Amendment enjoined | Oral counseling on physician's name, gestational age, particular medical risks of particular abortion procedure, pregnancy and abortion risks, alternatives; counseling on medical assistance benefits, child support, right to review stated-prepared material; printed information available on alternatives and fetal development; state-maintained website containing sonogram option and information on alternatives available prior to abortion | One-day waiting period Counseling on alternatives | Criminal: Class 2 misdemeanor for knowing or reckless violation |
| Tennessee
Enacted 1989 Enjoined | Oral counseling that procedure "can be major," risks of abortion and childbirth, available agencies for assistance, benefits, printed information available on alternatives | One-day waiting period | Criminal: Class E felony |
| Texas
Enacted 2003 Took effect 2003 | Oral counseling on physician's name, gestational age, medical risks of abortion (including "when medically accurate," the risk of infection, hemorrhage, and breast cancer), risks of carrying pregnancy to term; oral or phone counseling on medical assistance benefits, child support, right to review State-prepared material; Texas Department of Health must outline the medical risks of abortion, abortion alternatives, financial assistance options and fetal development information for the Internet | One-day waiting period Counseling on ABC link Counseling on alternatives | Criminal: Intentional offense is a misdemeanor punishable by $10,000 |
| Utah
Enacted 1974, 1981 Took effect 1996 | Oral and in-person counseling on method of induced abortion, medical risks and alternatives of abortion (specifically, how the abortion will affect the fetus) and childbirth, fetal development, adoption/alternatives, gestational age, medical assistance benefits, child support, ultrasound upon request; orally told that printed material and video are available, that they include information on pregnancy services, fetal development, medical risks of induced abortion and carrying child to term; video must include illustration of ultrasound of unborn childs heartbeat at three, six and eight weeks | One-day waiting period Ultrasound requirement Counseling on alternatives | Civil: Disciplinary action |
| Vermont
No law | |||
| Virginia
Enacted 1997 Took effect 1997 | Oral counseling on nature of procedure, right to speak to attending physician, risks of pregnancy and abortion, gestational age of fetus, alternatives; printed materials on fetal development and pregnancy services, medical assistance benefits, child support | One-day waiting period Counseling on alternatives Physician-only requirement | Civil: $2,500 penalty |
| Washington
No law | |||
| West Virginia | Counseling on risks of abortion and carrying child to term, detrimental effects of abortion (including psychological), gestational age; information on medical assistance benefits, child support; opportunity for women to review state-created materials | One-day waiting period Reporting requirements | |
| Wisconsin
Enacted 1985 Took effect 1999 | Oral counseling on fetal development, method of inducing abortion, medical risks of abortion (including psychological trauma) and childbirth, aftercare instructions, name and phone of emergency physician, provide ultrasound imaging and auscultation of fetal heart tones, medical assistance benefits, child support, the womans legal right to continue the pregnancy; printed materials on pregnancy services, fetal development, medical risks of abortion and adoption | One-day waiting period Ultrasound requirement Counseling on alternatives Physician-only requirement | Civil: Civil penalty, not less than $1,000 nor more than $10,000; civil liability including damages for personal injury and emotional and psychological distress; punitive damages not less than $1,000 and not more than $10,000, attorneys’ fees |
| Wyoming
No law |