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Senate Bill 378 Printer's Number 365

PENNSYLVANIA, March 10 - (ii) Cardiac activity begins at a biologically

identifiable moment in time, normally when the fetal

heart is formed in the gestational sac.

(iii) In order to make an informed choice about

whether to continue the pregnancy, a pregnant woman has a

legitimate interest in knowing the likelihood of the

fetus surviving to full-term birth based upon the

presence of cardiac activity.

* * *

Section 2. Title 18 is amended by adding a section to read:

§ 3203.1. Fetal heartbeat examination.

Before performing an abortion, a physician shall conduct a

physical examination of the pregnant woman and her unborn child

to determine if there is a fetal heartbeat present. The

physician shall utilize the physician's best clinical judgment

to determine whether or not a fetal heartbeat is present.

Section 3. Sections 3204(a), 3211 heading, (a) and (b)(2)

and 3214(a)(1) of Title 18 are amended to read:

§ 3204. Medical consultation and judgment.

(a) Abortion prohibited; exceptions.--No abortion shall be

performed after a fetal heartbeat is detected. If there is no

fetal heartbeat, no abortion shall be performed except by a

physician after either:

(1) he determines that, in his best clinical judgment,

the abortion is necessary; or

(2) he receives what he reasonably believes to be a

written statement signed by another physician, hereinafter

called the "referring physician," certifying that in this

referring physician's best clinical judgment the abortion is

necessary.

20210SB0378PN0365 - 2 -

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