The Alaska Heartbeat Act proposes significant changes to the state's abortion laws, particularly regarding the performance of abortions after a fetal heartbeat is detected. The bill stipulates that only a "health care provider" can perform abortions, rather than a physician licensed by the state medical board. It requires health care providers to determine and document the presence of a fetal heartbeat and the gestational age before proceeding with an abortion. If a heartbeat is detected, the abortion is prohibited unless a medical emergency exists, in which case specific documentation must be provided. Additionally, the bill emphasizes informed consent, requiring providers to inform patients of the associated risks and to document this process thoroughly.
The legislation also shifts the enforcement of abortion-related laws to private civil actions, prohibiting state entities from direct enforcement. Individuals can bring civil actions against those who perform or assist in abortions that violate the law, with potential damages of at least $10,000 for each violation. The bill protects the state from liability in challenges to the validity of these laws and ensures that women seeking abortions cannot be prosecuted under this legislation. It introduces new requirements for health care providers, including mandatory sonograms and detailed reporting on abortions performed, while clarifying that the law does not create a right to abortion before a fetal heartbeat is detected. The act is set to take effect immediately upon passage.
Statutes affected: HB0357A, AM HB 357, introduced 02/23/2026: 18.16.010, 08.64.200, 18.16.020, 18.16.030, 18.16.060, 18.16.100, 18.16.110, 11.81.900, 47.17.020, 18.16.040, 18.05.032, 11.41.410, 11.41.427, 11.41.434, 11.41.440, 11.41.450, 18.16.090, 18.23.070, 09.55.590, 18.16.270, 18.16.120, 18.16.130, 18.16.140, 18.16.150, 18.16.160, 18.16.170, 18.16.180, 18.16.190, 18.16.200, 18.16.210, 18.16.220, 18.16.250, 18.16.230, 18.16.240, 40.25.110, 40.25.125, 18.16.260